N.H. Code Admin. R. Ann. He-C — Commissioner, Department of Health and Human Services

Chapter He-C 200 Rules of Practice and Procedure

Part He-C 201 Purpose, Definitions and Preliminary Matters

N.H. Code Admin. R. Ann. He-C 201.01 Purpose {#sec-he-c-201.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 201.01}

The purpose of this chapter is to provide uniform practices and procedures to implement the provisions of RSA 541-A:16, I, and RSA 126-A:5, VIII concerning appeals of decisions made by the department. The provisions of these rules concerning hearings are intended to supplement the procedures established by RSA 541-A and any procedure established under any statute implemented by the department.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 201.02 Definitions {#sec-he-c-201.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 201.02}

(a) “Administrative appeals unit (AAU)” means the unit of the department that receives appeal requests, schedules proceedings, conducts prehearing conferences and hearings and issues decisions for the department.

(b) “Appeal” means a request by a person adversely affected by a department decision or action to review that decision or action in accordance with the provisions of RSA 126-A:5, VIII.

(d) “Commissioner” means the commissioner of the department of health and human services.

(e) “Department” means the New Hampshire department of health and human services.

(f) “Exhibit” means an item of physical evidence that is submitted for entry into the record of an appeal, including, but not limited to, a document, photograph, computer printout, diagram, audio or video recording or other object.

(g) File” means to provide an appeal, petition, motion, exhibit, memorandum, e-mail or other thing to the department so that it is in the department’s physical possession.

(h) “Good cause” means any circumstance beyond a person’s control that prevents that person from attending a hearing, complying with an order or taking some required action, including:

(1) A death in the person’s immediate family;

(2) Personal injury or serious illness of the person or an immediate family member; or

(3) Another compelling reason or justification.

(i) “Hearing” means “adjudicative proceeding” as defined by RSA 541-A:1, I, namely “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”

(j) “Independent review” means the non-adjudicatory process leading to a decision on an administrative appeal provided for by RSA 126-A:5, VIII.

(k) “Motion” means any request by a party to a proceeding for an order relating to that proceeding.

(l) “Non-adjudicatory public hearing” means hearings held by the department to receive public comment on proposed rules.

(m) “Party” means “party” as defined in RSA 541-A:1, XII, namely “each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.”

(n) “Person” means “person” as defined in RSA 541-A:1, XIII, namely “any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.”

(o) “Presiding officer” means “presiding officer” as defined by RSA 541-A:1, XIV, namely “that individual to whom the agency has delegated the authority to preside over a proceeding, if any otherwise it shall mean the head of the agency.”

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 201.03 Time Limit for Appeals {#sec-he-c-201.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 201.03}

(a) Unless otherwise specifically provided in applicable federal or state law, or other department administrative rules which set a different time limit, appeals shall be submitted within 30 days after the date:

(1) The department’s notice of decision was issued, if applicable; or

(2) Of the department’s notice to the appellant of its action if a notice of decision was not issued.

(b) The time limits for filing appeals shall not be waived unless the appellant establishes good cause for the non-compliance.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 201.04 Failure to Comply with Rules or Orders {#sec-he-c-201.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 201.04}

(a) When a party fails to comply with the rules in this chapter or with an order from a presiding officer, the presiding officer shall take one or more of the following actions, as appropriate:

(1) Allow additional time for compliance if no other party is prejudiced by this action;

(2) Refuse to accept a non-compliant document for filing;

(3) Deny or conditionally deny the non-compliant application, petition, appeal or motion;

(4) Issue an order or decision adverse to a non-compliant party;

(5) Terminate the hearing, if the non-compliance disrupts the hearing;

(6) Continue with the appeal process, after issuing a warning of the potential consequences under this rule to the non-compliant party; or

(7) Issue a “show cause” order requiring a non-compliant party to demonstrate good cause for the non-compliance.

(b) If good cause is not established after a show cause order was issued, the presiding officer shall:

(1) Issue a decision or order adverse to the non-compliant party; or

(2) Take other action as justice and equity require.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 201.05 Appointment and Authority of Presiding Officer {#sec-he-c-201.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 201.05}

(a) All hearings and independent reviews shall be conducted by a presiding officer appointed by the commissioner to implement the appeals process under RSA 126-A:5, VIII.

(b) Presiding officers shall make final decisions on behalf of the commissioner in any administrative appeal under RSA 126-A:5, VIII, unless the commissioner orders otherwise in a particular matter.

(1) Facilitate an informal resolution of an appeal;

(2) Regulate and control the course of a hearing;

(3) Administer oaths and affirmations;

(4) Receive relevant exhibits and testimony, and exclude irrelevant, immaterial or unduly repetitious evidence;

(5) Dispose of procedural requests, including adjournments or continuances, at the request of a party or on the presiding officer's own motion;

(6) Question any person who testifies;

(7) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI;

(8) Take official notice as specified in RSA 541-A:33, V; and

(9) Take any other action consistent with applicable statutes and rules necessary to conduct a proceeding and complete the record in a fair and timely manner.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 201.06 Withdrawal of Presiding Officer {#sec-he-c-201.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 201.06}

(a) Upon a presiding officer’s own motion, or upon the motion or request of any party, a presiding officer shall, for good cause or to avoid the appearance of impropriety or lack of impartiality, withdraw from any appeal governed by this chapter.

(b) For purposes of this section, good cause shall include, but not be limited to, the following:

(1) Submission of documents or sworn statements which establish that the presiding officer has previously participated in any department decision affecting any party to the appeal, other than by presiding over any prior appeal by the same party;

(2) Submission of documents or sworn statements which establish that the presiding officer has served as the supervisor of department staff participating in the decision or action under appeal within the immediately preceding 2 calendar years; or

(3) Submission of documents or sworn statements which establish any other fact which would cause a reasonable person to conclude that the presiding officer’s impartiality can be questioned.

(c) The mere fact that the presiding officer is an employee of the department shall not be considered grounds for withdrawal from any appeal.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 201.07 Computation of Time {#sec-he-c-201.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 201.07}

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

(b) Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in effect, and shall include the last day of the period so computed.

(c) If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 201.08 Waiver or Suspension of Procedural Rules {#sec-he-c-201.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 201.08}

(a) Upon the presiding officer’s own motion or based upon a motion from a party, the presiding officer shall waive any requirement or limitation imposed by this chapter when:

(1) The affected parties have been notified of the proposed waiver and given an opportunity to object;

(2) The waiver would likely promote the fair, accurate and efficient resolution of issues pending before the department; and

(3) The waiver does not conflict with any statute.

(b) If any provision of this chapter is determined by the presiding officer to conflict with any federal procedural requirement with which the department has agreed to comply:

(1) That provision shall be deemed to be waived in favor of the applicable federal procedural requirement for purposes of each hearing involving questions subject to that federal procedural requirement; and

(2) The presiding officer shall note such waiver in the record of the hearing.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 201.09 Role of Department Staff in Hearings, Including Enforcement or Disciplinary Hearings {#sec-he-c-201.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 201.09}

Department staff responsible for presenting the department’s case in any hearing, including enforcement or disciplinary hearings, except for those who are attorneys serving solely as department counsel in the hearing, shall be considered parties to the hearing.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 201.10 Role of Complainants in Enforcement or Disciplinary Hearings {#sec-he-c-201.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 201.10}

(a) For the purposes of this section, “complainant” means a person who prompted an investigation or filed a complaint that resulted in a department decision adverse to a second person.

(b) Unless called as witnesses or granted intervenor status under He-C 203.06, complainants shall have no role in enforcement or disciplinary hearings.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 201.11 Ex Parte Communication {#sec-he-c-201.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 201.11}

(a) For purposes of this section, “ex parte communication” shall mean any communication prohibited by RSA 541-A:36.

(b) Parties are prohibited from all forms of ex parte communication with presiding officers while an appeal is pending, including, but not limited to, written, telephonic, voice-mail, facsimile, e-mail, and face-to-face communications.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 201.12 Cooperation Required {#sec-he-c-201.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 201.12}

(a) Agents of the department, and persons other than department employees paid in whole or in part with funds which come from the department shall cooperate with a presiding officer conducting an independent review, prehearing conference, or hearing.

(b) Agents of the department who fail to cooperate or comply with orders issued by presiding officers shall be subject to disciplinary action in accordance with applicable internal policies of the department or rules of the division of personnel, department of administrative services.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 201.13 Applicability in Certain Hearings {#sec-he-c-201.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 201.13}

(a) References to the department in He-C 200 shall include the department’s contract service providers when they are participating in appeal proceedings affecting any individual applying for or receiving services, as described in RSA 126-A:5, III.

(b) This section shall not be interpreted to apply in any proceeding under He-C 200 where such contract service provider is involved as a party or intervenor adverse to the department.

History

#8866-A, eff 4-13-07

Part He-C 202 Issuance, Filing and Service of Documents

N.H. Code Admin. R. Ann. He-C 202.01 Date of Issuance or Filing {#sec-he-c-202.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 202.01}

(a) All decisions, orders, notices or other correspondence or documents issued by or at the direction of the department shall be deemed to have been issued on the date noted on the document, except that any party or intervenor shall be given an opportunity to prove otherwise at the hearing.

(b) All applications, notices, orders, petitions, correspondence, motions, requests for findings or conclusions, requests for reconsideration and any other written documents governed by He-C 200 rules shall be deemed to have been filed with or received by the department on the actual date of receipt by the department, as evidenced by a date stamp placed on the document by the department in the normal course of business, except that any party or intervenor shall be given an opportunity to prove otherwise at the hearing.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 202.02 Content and Veracity of Documents {#sec-he-c-202.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 202.02}

(a) All petitions, motions, memoranda, replies or similar documents filed under this chapter shall:

(1) Include the title and docket number of the proceeding, if known;

(2) Be typewritten or clearly printed on durable 8 ½ x 11 inch paper, except that any party submitting non-complying documents shall be given one opportunity to resubmit the documents, with the date of receipt continuing to be the same as for the original filing; and

(3) Be signed by the party or proponent of the document, or if the party appears by a representative, by the representative.

(b) The signature on a document filed with the department shall constitute certification that:

(1) The signer has read the document;

(2) The signer is authorized to file it;

(3) To the best of the signer’s knowledge, information and belief there are good and sufficient grounds to support it;

(4) To the best of the signer’s knowledge, information and belief the document contains no falsehoods, material inaccuracies, or misleading information; and

(5) The document has not been filed for purposes of delay, except that this subparagraph shall not apply if the document is a motion to continue.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 202.03 Service of Documents {#sec-he-c-202.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 202.03}

(a) All petitions, motions, exhibits, memoranda, or other documents filed with the AAU by any party or intervenor to a proceeding governed by this chapter shall be served by that party or intervenor upon all other parties to the proceeding.

(b) Service of all petitions, motions, exhibits, memoranda or other documents, shall be executed as follows:

(1) By pre-paid first class mail to the most recent address on file; or

(2) By any other means, provided that the same method is used to file with the AAU and serve the parties, so that the AAU receives the filing on or about the same date as the parties or intervenors.

(c) All notices, orders, decisions or other documents issued by the presiding officer pursuant to this chapter shall be served by the presiding officer upon all parties and intervenors to the proceeding.

(d) When a party or intervenor appears by a representative, service shall be upon the representative.

(e) All parties, intervenors and representatives associated with an appeal shall maintain a current contact address and telephone number, if any, on file with the AAU and with each other, until the final decision is issued.

(f) Receipt of documents by the party, any intervenor or representative shall be presumed if service complied with the requirements of this section, except that any party shall be given an opportunity to prove otherwise.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

Part He-C 203 Hearings

N.H. Code Admin. R. Ann. He-C 203.01 Applicability {#sec-he-c-203.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.01}

(a) The rules in this part shall apply to all department adjudicative hearings, and shall be supplemented by other department rules, as applicable.

(b) In the event that the rules in this part conflict with other department rules, the rules in this part shall control unless otherwise specifically provided by a reference in the conflicting rule stating that it supersedes He-C 200.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.02 Notification of Appeal Rights {#sec-he-c-203.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.02}

When a written notice of decision or action is issued by the department, the department shall notify any person aggrieved by the decision or action that the person is entitled to request a hearing, in accordance with the statutes or rules which govern the decision or action which is being appealed.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.03 Appeal Requests {#sec-he-c-203.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.03}

(a) Appeals shall be filed in writing with the department.

(b) All appeals shall identify the specific decision or action by the department that forms the basis for the appeal.

(d) If an appeal is filed in one of the department’s district offices or a state office, it shall be promptly forwarded to the AAU.

(e) Appeals received by the department beyond the time limits specified in He-C 201.03 shall be denied, except as otherwise provided by He-C 201.03.

(f) The appealing party shall identify, in the appeal, any known specific needs or circumstances that relate to appellant’s ability to attend or participate in a hearing, including, but not limited to, the need for interpreters, signers, or locations accessible by the disabled.

(g) An appeal request shall be denied, or the appeal dismissed, without a hearing on the merits for the following reasons:

(1) Lack of jurisdiction;

(2) Lack of available relief;

(3) Lack of standing;

(4) The appeal request is untimely;

(5) The issue is not ripe for an appeal; or

(6) As a result of the AAU’s repeated inability to communicate with appellant, as evidenced by returned mail, disconnected phone line, blocked phone number or repeated, unreturned telephone messages.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.04 Notice of Hearing {#sec-he-c-203.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.04}

(a) The initial notice of a hearing or prehearing conference shall be issued by the AAU and contain:

(1) The information required by RSA 541-A:31, III; and

(2) A list of the organizations in New Hampshire which provide free or reduced cost legal services.

(b) Subsequent notices of hearings shall be included in an order issued by a presiding officer, or as a separate hearing notice issued by the AAU.

(c) The initial and any subsequent notices of a hearing shall be sent to all parties in accordance with the service requirements of He-C 202.03.

(d) If a party or intervenor has a representative who has filed an appearance in accordance with He-C 203.05, the hearing notice shall be sent to the representative as well as the party.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.05 Appearance and Representation {#sec-he-c-203.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.05}

(a) Any party or intervenor to a hearing may be represented by any competent individual who has filed an appearance in accordance with (b) below.

(b) The appearance filed by a party's or intervenor’s representative shall be copied to all other parties and include the following information:

(1) A brief identification of the matter in which the representative will appear;

(2) A statement as to whether the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and

(3) The representative's daytime address and telephone number.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.06 Intervention {#sec-he-c-203.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.06}

(a) Intervention in a hearing shall be governed by the provisions of RSA 541-A:32, I.

(b) Petitions for intervention filed in accordance with RSA 541-A:32, II shall:

(1) Be granted if:

a. The petitioner provides information which explains why the petition could not be filed in accordance with the time limits of RSA 541-A:32, I; and

b. The presiding officer determines that the criteria contained in RSA 541-A:32, I (b) and (c) have been met by the petitioner; and

(2) Be subject to the condition that no portion of the proceeding shall be repeated for the benefit of the intervenor.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.07 Prehearing Conference {#sec-he-c-203.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.07}

(a) Any party or intervenor may request, or the presiding officer may schedule on individual initiative, a prehearing conference in accordance with RSA 541-A:31, V.

(b) Failure to attend a prehearing conference shall be considered a failure to attend a hearing under He-C 203.12

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.08 Prehearing Exchange of Information; Identifying Exhibits {#sec-he-c-203.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.08}

(a) Each party shall respond to another party’s requests for information completely and in a timely manner.

(b) Where a dispute between the parties arises with respect to production of documents pertinent to the hearing, any party may file a motion to compel discovery under He-C 203.09.

(c) The parties shall file the following information and documents with the AAU, and provide copies to each other so that they are received no later than 5 days before the scheduled hearing date:

(1) A list of all witnesses to be called at the hearing with a brief summary of their testimony;

(2) A list of all exhibits to be presented at the hearing;

(3) A clear and legible copy of each exhibit to be presented at the hearing, which shall be sequentially marked and identified as follows:

a. Exhibits from the department shall be marked with the words “DHHS Exhibit” followed by a sequential cardinal number, so that the first exhibit is labeled “DHHS Exhibit 1” and the second is “DHHS Exhibit 2,” and so on;

b. Exhibits submitted by other parties shall be labeled in the same manner as the department’s, except they shall be identified by the words “Appellant Exhibit” or “Intervenor Exhibit” as appropriate; and

c. Exhibits submitted by any person not covered by a. or b. above shall be marked as directed by the presiding officer; and

(4) Any requests for changes to standard procedure or other matters concerning conduct of the hearing.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.09 Motions to Compel Production of Information {#sec-he-c-203.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.09}

(a) Except as provided in this section, prehearing production of information shall be limited to the procedures set forth in He-C 203.08 because all department files supporting the decision are available in accordance with the provisions of RSA 91-A, unless they meet one of the exceptions to disclosure under RSA 91-A:5.

(b) Any party seeking to compel production of information shall make a motion in writing requesting that the presiding officer order compliance with the parties’ request for information.

(1) Set forth in detail those factors which it believes support its request to compel compliance with the parties’ request for information;

(2) List with specificity, the information it is seeking; and

(3) State the good faith actions that have been taken by the requesting party to obtain the facts or documents on an informal basis.

(d) The presiding officer shall not accept any motion to compel production of information filed less than 30 calendar days before the date scheduled for a hearing unless the requesting party establishes good cause for not submitting the motion sooner.

(e) Where a party recites in the motion that the party has tried in good faith to gather information under He-C 203.08, and that the party will be unable to thoroughly and completely prepare the case unless its motion to compel is granted, the presiding officer shall order the production of such information as justice and equity require.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.10 Motions; Objections {#sec-he-c-203.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.10}

(a) All motions shall:

(1) Be filed with the AAU;

(2) Be in writing;

(3) Be filed in a timely manner;

(4) Be copied to all parties or representatives; and

(5) Comply with He-C 202.02 and 202.03.

(b) The only exception to the requirements in (a) above shall be for an oral motion made in response to a matter asserted for the first time at a prehearing conference or hearing, or on the basis of information which was not received in time to prepare a written motion.

(1) The purpose of the motion;

(2) The action or outcome sought by the motion;

(3) The statutes, rules, orders, other authority or grounds authorizing the action or outcome sought by the motion;

(4) The facts claimed to constitute grounds for the presiding officer to take the action or order the outcome sought by the motion; and

(5) That a good faith attempt was made to obtain concurrence from all other parties, and whether the other parties concur or object to the relief being sought.

(d) Compliance with (c)(5) above shall not be necessary on dispositive motions or on oral motions made during a hearing.

(e) Oral motions and any contemporaneous objection to such motions shall be recorded in full in the record of the hearing.

(f) If the presiding officer finds that an oral motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the moving party to submit the motion in writing, with supporting information, within a time certain established by the presiding officer.

(g) Objections to written motions shall comply with He-C 202.02 and 202.03 and be filed within 10 days of the date of the motion, unless the presiding officer prescribes a different time period for a particular motion.

(h) Objections shall clearly and concisely state:

(1) The basis for the objection;

(2) The action that the objecting party or intervenor wishes the presiding officer to take on the motion;

(3) The statutes, rules, orders, other authority or grounds authorizing the action sought by the objecting party or intervenor; and

(4) Any facts in addition to or claimed to be different from those stated in the motion to which the objection is being made.

(i) Motions and objections to motions shall not be filed solely for purposes of delay.

(j) The presiding officer may reject any motion or objection determined to violate (i) above.

(k) Failure by an opposing party or intervenor to object to a motion shall not in and of itself constitute grounds for granting the motion.

(l) Copies of all written motions shall be sent to all other parties, their counsel or representatives.

(m) The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.11 Continuances {#sec-he-c-203.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.11}

(a) Any party to a hearing may make an oral or written motion that the hearing be continued to a later date and/or time.

(b) All motions to continue shall clearly state:

(1) The reason for the motion;

(2) If able to contact the other parties:

a. Whether the other parties concur in the motion; and

b. Proposed dates for the rescheduled hearing when all parties and witnesses will be available;

(3) If unable to contact the other parties, the efforts made to contact them; and

(4) If it is a written motion, that a copy has been sent to all other parties, their counsel or representatives.

(d) If a continuance is granted in accordance with (c) above:

(1) If the later date, time and place are known at the time of the hearing that is being continued, the date, time and place shall be stated on the record; or

(2) If the later date, time and place are not known at the time of the hearing that is being continued, the presiding officer shall issue a written scheduling order stating the date, time and place of the continued hearing as soon as practicable.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.12 Failure to Attend a Hearing {#sec-he-c-203.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.12}

(a) The physical presence of parties and witnesses at a hearing shall be required, unless excused by the presiding officer under He-C 203.13.

(b) If the appellant fails to attend the hearing, the appellant shall be in default.

(c) If an appellant is in default the presiding officer shall issue a written order allowing appellant 10 days from the date of the order to establish good cause for failing to attend the hearing.

(d) If an appellant establishes good cause, the hearing shall be rescheduled.

(e) If an appellant fails to establish good cause, the presiding officer shall find that the appellant has abandoned the appeal process and dismiss the appeal without further notice to the parties.

(f) If the department fails to attend the hearing, and is the party with the burden of proof, the department shall be in default.

(g) If the department is in default, the presiding officer shall issue a written order allowing the department 10 days from the date of the hearing to establish either:

(1) Good cause for failing to attend the hearing; or

(2) A compelling reason for not reversing the department’s decision automatically.

(h) If the department establishes good cause, or a compelling reason is found to go forward with a hearing, the hearing shall be rescheduled.

(i) If the department fails to establish good cause or other compelling reason, the presiding officer shall find that the department has decided not to defend its decision and that decision shall be reversed automatically, without a hearing.

(j) If the department fails to attend the hearing and does not have the burden of proof, the presiding officer shall either proceed with the hearing as scheduled without the department, or continue the hearing as fairness and justice dictate.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.13 Hearing Participation by Telephone or Other Electronic Media {#sec-he-c-203.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.13}

(a) Upon the request of any party, or on the presiding officer's own motion, a hearing, or a portion of any hearing, may be conducted by telephone, video conference, or other electronic media in lieu of a hearing held in the physical presence of all parties and witnesses.

(b) If the presiding officer determines that the hearing process would be compromised or a party’s rights infringed by such electronic participation, the physical presence of all parties and witnesses shall be required at the hearing.

(c) The presiding officer shall consider the following criteria in deciding whether to conduct a hearing by telephone, videoconference or other electronic media:

(1) The inability of a party or witness to travel due to economic hardship, illness, medical restrictions, incarceration, or other limitations, making it unreasonable for the party or witness to be physically present at the hearing;

(2) A concern that a person’s safety is jeopardized by the physical presence of all parties or witnesses; or

(3) Other reasons that would make it unjust, unsafe, or otherwise inappropriate to conduct a hearing in the physical presence of all parties.

(d) If the hearing is conducted telephonically, by videoconference or using other electronic media, the presiding officer shall ensure the ability of all parties to hear and question all witnesses, to confer with their counsel, and to be heard by the presiding officer and each other.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.14 Standards and Burden of Proof {#sec-he-c-203.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.14}

(a) Standards of proof applied by a presiding officer in a hearing shall include:

(1) “Probable cause,” which means there is sufficient evidence to establish a reasonable basis for a belief that a certain fact or conclusion could be true;

(2) “Preponderance of the evidence," which means there is sufficient evidence to prove that a fact or conclusion is not only possible, but also probable; and

(3) “Clear and convincing evidence," which means there is sufficient evidence to prove that a fact or conclusion is highly probable.

(b) To meet the probable cause burden of proof defined in (a)(1) above, the evidence shall prove that the alleged fact or conclusion is possible, but does not have to prove that it is probable.

(c) To meet the preponderance of evidence standard defined in (a)(2) above, the evidence shall be sufficient to prove that a fact or conclusion is more likely than not to be true.

(d) To meet the clear and convincing evidence standard defined in (a)(3) above, the evidence shall exceed that necessary for a preponderance of the evidence, but shall be less than that needed to prove something beyond a reasonable doubt.

(e) The department shall have the burden to present sufficient evidence to establish probable cause in any hearing held to determine if a juvenile should remain in a secure facility pending a hearing before the parole board under RSA 170-H:8.

(f) The department shall prove its case by a preponderance of the evidence in hearings that address the following:

(1) A department decision to reduce or terminate benefits or services under any program administered by the department;

(2) A department decision to suspend, revoke or not to renew a certification, license, permit or other approval;

(3) Any action taken by the department to recoup benefits, impose a lien, impose an administrative fine, or invoke a sanction;

(4) The department’s decision to place an individual’s name in the central registry pursuant to RSA 169-C:35; and

(5) Complaint investigations under department rules He-M 202, as provided in He-M 202.08 (e) concerning programs or facilities.

(g) The department shall prove its case, by clear and convincing evidence, in hearings that address the following:

(1) A transfer decision under RSA 135-C:48;

(2) The revocation of a conditional discharge under RSA 135-C:52;

(3) Emergency treatment, authorized as provided for by RSA 135-C:57, III or V; and

(4) Food stamp disqualification for intentional violations under 7 C.F.R. 273.16.

(h) An appellant shall prove his or her case, by a preponderance of the evidence, in hearings that address the department’s denial of an initial application for benefits, services or licenses or in any case in which an appellant seeks to overturn a department decision not otherwise addressed by statute or this section.

(i) In all hearings, the party asserting a proposition shall bear the burden of proving the truth of that proposition by a preponderance of the evidence, unless otherwise specifically provided by statute or other department rule.

(j) On a motion to reconsider, filed in accordance with He-C 204, the party seeking to overturn the decision shall prove its case by a preponderance of the evidence at any hearing held.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.15 Record of the Hearing {#sec-he-c-203.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.15}

(a) A record of the hearing shall be kept by electronic recording or other method which will provide a verbatim record.

(b) If any party requests a transcript of the recording, the AAU shall arrange for a transcript to be prepared, provided the cost of the transcription is paid by the person(s) requesting the transcript, who shall be billed directly by the person preparing the transcript.

(c) Any party or intervenor to a hearing may record the hearing within the restrictions of RSA 541-A:31, VII, provided that:

(1) The party notifies the presiding officer and other parties prior to the hearing, so that confidentiality concerns can be addressed; and

(2) The recording shall not interfere with the conduct of the proceeding.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.16 Order of Proceeding; Testimony {#sec-he-c-203.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.16}

(a) All testimony shall be made under oath or affirmation in accordance with RSA 541-A:33.

(b) All parties, intervenors, representatives and witnesses shall state their names and roles in the proceeding on the record.

(c) All parties and intervenors shall have an opportunity to present evidence, cross-examine adverse witnesses, and make opening and closing statements, if desired.

(d) Unless otherwise ordered by the presiding officer, testimony shall be offered in the following order:

(1) The party bearing the overall burden of proof and such witnesses as the party calls;

(2) The party or parties opposing the party who bears the overall burden of proof and such witnesses as the party calls; and

(3) Persons granted intervenor status in accordance with He-C 203.06.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.17 Conduct During Hearing {#sec-he-c-203.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.17}

(a) Parties, intervenors, counsel, representatives and witnesses shall be respectful and courteous to others at all times.

(b) During the hearing, one person shall speak at a time, without interruption by other parties, intervenors, counsel, representatives or witnesses.

(c) The sole exception to (b) above shall be when a party, intervenor, counsel or representative objects to a question being asked.

(d) Parties, counsel, representatives and witnesses shall not engage in angry exchanges, use obscenities, intentionally antagonize others, or make abusive or insulting comments or gestures.

(e) If unacceptable behavior continues after one warning of the possible consequences under this rule, and the offender is not a party, the presiding officer shall bar the offender from the proceeding.

(f) If the unacceptable behavior continues after one warning of the possible consequences under this rule, and the offender is a party, the presiding officer shall take appropriate action in accordance with He-C 201.04.

(g) If the hearing is reconvened at a later date as a result of a party’s unacceptable behavior, and the unacceptable behavior continues, the presiding officer shall terminate the proceeding and issue a decision based on the existing record, except as provided in (h) below.

(h) A party’s unacceptable behavior shall not be the basis for an adverse decision.

(i) The exception to (h) above shall be where a party’s behavior interfered with the hearing process to the extent that a full and complete record sufficient to render a decision could not be obtained. In such a case, the presiding officer shall find that the non-compliant party has abandoned the appeal process and issue a decision adverse to the non-compliant party.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.18 Evidence {#sec-he-c-203.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.18}

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

(b) The presiding officer shall take official notice only in accordance with RSA 541-A:33, V.

(c) All documents, materials and objects offered in evidence as exhibits and which were disclosed prior to the hearing in accordance with He-C 203.08 shall, absent objection, be included in the record of the hearing.

(d) Any documents, material or objects offered in evidence that were not disclosed in accordance with He-C 203.08 shall be included in the record of the hearing if the presiding officer determines that such evidence, exhibits or arguments are necessary to a full consideration of the issues raised in the appeal.

(e) All written testimony and documents, materials, and objects admitted into evidence shall be made available after and during the course of the hearing for public examination unless considered confidential under state or federal statute or regulation, or ordered sealed because the presiding officer determines such testimony or documents to be exempt from disclosure under RSA 91-A:5.

(f) In any proceeding involving an application, the application filed with the department, including exhibits and amendments thereto, shall be placed into evidence by the department.

(g) All objections to rulings made by the presiding officer during the course of the hearing regarding evidence or procedure, and the grounds for such objections, shall be stated at the time the ruling is made.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.19 Proposed Findings of Fact and Conclusions of Law {#sec-he-c-203.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.19}

(a) Any party or intervenor may submit separately stated proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing.

(b) The total number of proposed findings of fact and conclusions of law submitted by a party or intervenor shall be limited to a combined total of 40, unless otherwise permitted by the presiding officer.

(c) In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.20 Closing the Record {#sec-he-c-203.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.20}

(a) After the conclusion of the hearing, no other evidence, testimony, exhibits, or arguments shall be allowed into the record, except as allowed under (b) below.

(b) Prior to the conclusion of the hearing, a party or intervenor may request that the record be left open for a specified period of time to accommodate the filing of evidence, exhibits or arguments concerning matters which occurred prior to the date of the department decision being appealed, but which were not available at the time of the hearing.

(c) If the other parties or intervenors to the hearing do not object to leaving the record open in accordance with (b) above, or if the presiding officer determines that such evidence, exhibits or arguments are necessary to a full consideration of the issues raised in the appeal, the presiding officer shall designate a specific time period for the record to remain open to receive the evidence, exhibits or arguments.

(d) The party or intervenor filing such additional evidence, exhibits or arguments shall also deliver or send copies of all items filed to all other parties and intervenors of record.

(e) If any other party or intervenor to the hearing requests time to respond to the evidence, exhibits or arguments submitted, the presiding officer shall set a specific time period following filing of the material for the filing of a response.

(f) If any other party to the hearing requests the opportunity to cross-examine on the additional evidence or exhibits submitted, the presiding officer shall set a date and time for a hearing at which cross-examination on the additional evidence or exhibits submitted shall be allowed, if the presiding officer determines that cross-examination on the additional material is required for a full and true disclosure of the facts.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.21 Reopening the Record {#sec-he-c-203.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.21}

(a) At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own motion or on the motion of any party or intervenor, shall reopen the record to receive relevant, non-duplicative testimony, evidence, arguments or exhibits not previously received, if the presiding officer determines that such testimony, evidence, arguments or exhibits are necessary to a full consideration of the issues being considered in the hearing.

(b) Motions to reopen the record made after one or more parties or intervenors have left the hearing shall be made in writing and comply with the requirements of He-C 202.03 and 203.10.

(c) The presiding officer shall give written notice of such further proceedings if the parties and intervenors are no longer present.

(d) The presiding officer shall set a time within which other parties or intervenors may respond to or rebut the items made part of the record under this section.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 203.22 Decisions {#sec-he-c-203.22 omnilex-key=us-nh-regs-official--agency-he-c--He-C 203.22}

(a) A decision shall be made only after full consideration of the record, except that a decision may be made on a motion to dismiss based upon the documents and affidavits submitted with such motion and any objection thereto.

(b) A decision shall be issued in writing or stated in the record in accordance with RSA 541-A:35.

(d) If the commissioner has decided in accordance with He-C 201.05 (b) not to delegate final decision-making authority to the presiding officer, the presiding officer shall submit a written proposed decision to the commissioner containing the following:

(1) The subject of the hearing, including identification of the relevant statute(s) and rule(s);

(2) The names and addresses of all parties to the proceeding;

(3) The names and addresses of all persons who testified at the hearing either orally or in writing and a summary of each witness's testimony;

(4) The items listed in RSA 126-A:5, VIII (d); and

(5) Recommended rulings on motions to dismiss.

(e) Following receipt of the proposed decision under (d) above, the commissioner shall proceed in accordance with RSA 126-A:5, VIII (e), and:

(1) Within 10 days, provide the appellant and the department representative involved in the appeal with a copy of the proposed decision and a notice which:

a. Offers the appellant an opportunity to present a brief and oral argument, provided the request to do so is made within 10 days of the date of the notice;

b. Specifies that if such a request is made, the brief shall be submitted within 30 days of the date of the notice;

c. Specifies that any brief submitted shall be limited to a length of 5 pages on 8 ½ by 11 inch paper, with a copy sent to the department representative involved in the appeal; and

d. Specifies that any oral argument shall be limited to no more than 30 minutes; and

(2) Offer the department representative involved in the appeal:

a. An opportunity to file a responsive brief, limited to a length of 5 pages on 8 ½ by 11 inch paper, within 10 days of the date the appellant’s brief is submitted, with a copy to the appellant; and

b. An opportunity to present oral argument in response to the appellant’s oral argument, which shall be limited to no more than 30 minutes.

(f) The commissioner shall issue a final decision in accordance with RSA 126-A:5, VIII (f).

(g) Written decisions issued under this section shall be retained for the period specified in RSA 5:38.

History

#8866-A, eff 4-13-07

Part He-C 204 Motion for Reconsideration

N.H. Code Admin. R. Ann. He-C 204.01 Purpose {#sec-he-c-204.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 204.01}

The rules in this part are intended to supplement any statutory provisions, including but not limited to RSA 541, which require or allow a person to request reconsideration of a decision of the department prior to or in lieu of appealing the decision.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 204.02 Applicability {#sec-he-c-204.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 204.02}

The rules in this part shall apply whenever any person requests reconsideration of a decision made under He-C 200.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 204.03 Filing {#sec-he-c-204.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 204.03}

A motion for reconsideration of a decision shall be filed with the department’s administrative appeals unit not later than 30 days after the date of the decision for which reconsideration is being sought, unless otherwise provided by law.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 204.04 Format and Content of Motion {#sec-he-c-204.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 204.04}

(a) A motion for reconsideration shall include the following:

(1) The exact legal name of each person moving for reconsideration and the residence address or principal place of business of the person;

(2) A clear and concise statement of the reason(s) why the person believes the decision to be in error; and

(3) A concise and explicit statement of the facts upon which the AAU is expected to rely in granting relief.

(b) A motion for reconsideration may also include such other information as the party filing the motion deems relevant and reliable, and there may be attached to said motion exhibits, illustrations and sworn written statements.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 204.05 Standard for Granting Motion for Reconsideration {#sec-he-c-204.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 204.05}

A motion for reconsideration shall be granted only if:

(a) Evidence is presented with the motion for reconsideration that was not available at the time of the hearing and which the presiding officer determines would change the decision rendered under He-C 203.22;

(b) The party making the motion for reconsideration demonstrates that the presiding officer was in error concerning the interpretation or application of applicable state statute or administrative rule or federal statute or regulation; or

(c) The party making the motion for reconsideration demonstrates that the decision made under He-C 203.22 is contrary to controlling law.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

Part He-C 205 Non-Adjudicatory Public Hearings

N.H. Code Admin. R. Ann. He-C 205.01 Applicability {#sec-he-c-205.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 205.01}

This part shall apply to the conduct of non-adjudicatory public hearings held by the department.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 205.02 Non-Adjudicatory Public Hearings {#sec-he-c-205.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 205.02}

A non-adjudicatory public hearing shall be held by the department when proposing to adopt, amend or repeal a rule or rules.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 205.03 Notice {#sec-he-c-205.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 205.03}

Notice of the date, time and place of the non-adjudicatory public hearing for a rulemaking proceeding held pursuant to RSA 541-A shall be given by publication in the rulemaking register pursuant to RSA 541-A.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 205.04 Record {#sec-he-c-205.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 205.04}

A record of the non-adjudicatory public hearing shall be kept by electronic recording or other method that will provide a verbatim record.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 205.05 Presiding Officer {#sec-he-c-205.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 205.05}

The presiding officer at a non-adjudicatory public hearing in a rulemaking proceeding shall be the commissioner or the individual designated by the commissioner to preside at the hearing.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 205.06 Opening the Hearing {#sec-he-c-205.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 205.06}

(a) The presiding officer shall open a non-adjudicatory public hearing by describing in general terms the purpose of the hearing and procedures governing its conduct.

(b) After the opening statement the presiding officer shall receive comments from the persons attending the hearing.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 205.07 Testimony {#sec-he-c-205.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 205.07}

(a) Anyone wishing to submit written testimony or exhibits at a non-adjudicatory public hearing shall submit them to the presiding officer, provided such testimony or exhibit is signed and dated by the individual submitting it.

(b) Anyone wishing to testify at a non-adjudicatory public hearing shall submit in writing to the presiding offer the person’s name, address, and whom, if anyone, that person represents.

(d) The presiding officer shall rule any comments, questions or discussions that the presiding officer determines not to be relevant to the subject of the non-adjudicatory public hearing out of order, and proceed to the next speaker.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 205.08 Closing the Hearing {#sec-he-c-205.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 205.08}

When the presiding officer determines that no person has further questions or comments that are relevant to the subject of the hearing, the presiding officer shall close the hearing.

History

#8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 205.09 Postponements; Relocation {#sec-he-c-205.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 205.09}

(a) A hearing shall be postponed in accordance with RSA 541-A:11, IV when:

(1) The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so; or

(2) Postponement will facilitate greater participation by the public.

(b) A hearing shall be moved to another location in accordance with RSA 541-A:11, V when the original location is not able to accommodate the number of people who wish to attend.

(1) The time available is insufficient to give each person who wishes to speak a reasonable opportunity to do so; or

(2) The capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend; and it is not possible to move the hearing to another location.

History

#8866-A, eff 4-13-07

Part He-C 206 Rulemaking Petitions

N.H. Code Admin. R. Ann. He-C 206.01 Applicability {#sec-he-c-206.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 206.01}

The rules in this part shall apply to any petition submitted pursuant to RSA 541-A:4.

History

#6986, eff 4-24-99; ss by #8186, eff 10-2-04; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 206.02 Filing {#sec-he-c-206.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 206.02}

The original and one copy of a rulemaking petition shall be filed with the commissioner.

History

#6986, eff 4-24-99; ss by #8186, eff 10-2-04; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 206.03 Format and Content of Petition {#sec-he-c-206.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 206.03}

(a) A petition to adopt, amend or repeal a rule shall comply with the requirements of He-C 202.02.

(b) A petition to adopt, amend or repeal a rule shall include the following:

(1) The exact legal name of each person requesting the adoption, amendment or repeal of the rule, with a residence address or principal place of business of the person;

(2) Whether the person is asking the department to adopt, amend or repeal a rule;

(3) A concise and explicit statement of why the petitioner wants the department to change or repeal the rule(s);

(4) If the petition is to adopt a rule:

a. The chapter, part and/or section, by alphanumeric code, where the person proposes the rule to be inserted; and

b. The language that the person wants to have adopted as a rule;

(5) If the petition is to amend a rule:

a. The specific rule, by alphanumeric code, that is the subject of the petition; and

b. The language that the person wants to have adopted as a rule; and

(6) If the petition is to repeal a rule, the specific rule, by alphanumeric code, that is the subject of the petition.

(c) A petition to adopt, amend or repeal a rule may also include such other information as the person filing the petition deems pertinent and relevant, and the person may attach exhibits, illustrations and sworn written information to the petition.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 206.04 Processing of Rulemaking Petitions {#sec-he-c-206.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 206.04}

(a) Upon receipt of a petition to adopt, amend or repeal a rule, the commissioner shall proceed in accordance with RSA 541-A: 4.

(b) The commissioner shall grant the petition and initiate a rulemaking proceeding in accordance with RSA 541-A: 4 if the commissioner determines that the department has authority to take the proposed action and the proposed action is:

(1) Consistent with state and federal law and policy; and

(2) Necessary to the efficient and effective implementation of the rules that are the subject of the action or other programs implemented by the department.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

Part He-C 207 Declaratory Rulings

N.H. Code Admin. R. Ann. He-C 207.01 Applicability {#sec-he-c-207.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 207.01}

The rules in this part shall apply to any petition for a declaratory ruling, as defined by RSA 541-A:1, V.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 207.02 Filing {#sec-he-c-207.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 207.02}

The original and one copy of a petition for declaratory ruling shall be filed with the commissioner.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 207.03 Format and Content of Petition {#sec-he-c-207.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 207.03}

(a) A petition for a declaratory ruling shall comply with the requirements of He-C 202.02.

(b) A petition for a declaratory ruling shall include the following:

(1) The name, address and telephone number of each person requesting the declaratory ruling;

(2) A precise and complete citation to the statute or administrative rule, or identifying information concerning the order, which the petitioner seeks a ruling upon; and

(3) A concise and explicit statement explaining the background, facts and considerations which led to the petition in order for the department to understand the nature and specific reasons for the petition and why the ruling is being requested.

(c) A petition for a declaratory ruling may also include such other information as the person filing the petition deems pertinent and relevant, and the person may attach exhibits, illustrations and sworn written information to the petition.

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 207.04 Processing of Petitions for Declaratory Rulings {#sec-he-c-207.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 207.04}

(a) Within 30 days of receiving a petition for a declaratory ruling the department shall:

(1) Advise the petitioner if additional information or explanation shall be required; or

(2) Advise the petitioner that there shall be a delay in issuing the ruling due to the complexity of the petition, or as a result of the involvement of the department of justice regarding issues of legality.

(b) The department shall issue a written response to the person filing the petition for declaratory ruling as soon as practicable.

(c) Declaratory rulings issued by the department shall be filed with the director of legislative services in accordance with RSA 541-A:16, II (b).

History

#6986, eff 4-24-99; ss by #8866-A, eff 4-13-07

Part He-C 208 Independent Reviews - Repealed

N.H. Code Admin. R. Ann. He-C 208.01 Commencing an Independent Review {#sec-he-c-208.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 208.01}

History

#6986, eff 4-24-99; ss by #8866-B, eff 4-13-07; rpld by 2012, 156:2, eff 6-7-12

N.H. Code Admin. R. Ann. He-C 208.02 Elements of an Independent Review {#sec-he-c-208.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 208.02}

History

#6986, eff 4-24-99; ss by #8866-B, eff 4-13-07; rpld by 2012, 156:2, eff 6-7-12

N.H. Code Admin. R. Ann. He-C 208.03 Decisions {#sec-he-c-208.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 208.03}

History

#6986, eff 4-24-99; ss by #8866-B, eff 4-13-07; rpld by 2012, 156:2, eff 6-7-12

Part He-C 209 Explanation of Adopted Rules

N.H. Code Admin. R. Ann. He-C 209.01 Requests for Explanation of Adopted Rules {#sec-he-c-209.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 209.01}

Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the commissioner including:

(a) The name and address of the individual making the request; or

(b) If the request is that of an organization or other entity, the name and address of such organization or entity and the name and address of the representative authorized by the organization or entity to make the request.

History

#6986, eff 4-24-99; ss by #8866-B, eff 4-13-07

N.H. Code Admin. R. Ann. He-C 209.02 Contents of Explanation {#sec-he-c-209.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 209.02}

The commissioner shall provide a written response, which complies with the requirements of RSA 541-A: 11, VII.

History

#6986, eff 4-24-99; ss by #8866-B, eff 4-13-07

Part He-C 210 Waiver of Procurement Provisions

N.H. Code Admin. R. Ann. He-C 210.01 Scope {#sec-he-c-210.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 210.01}

Unless otherwise specified, He-C 210 shall apply to the procurement of goods and services by the New Hampshire department of health and human services through a request for bid (RFB), request for application (RFA), or a request for proposal (RFP), or through a similar invitation.

History

#12051, eff 11-19-16

N.H. Code Admin. R. Ann. He-C 210.02 Purpose {#sec-he-c-210.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 210.02}

These rules implement RSA 21-G:37, V, by:

(a) Setting forth the circumstances under which the provisions of RSA 21-G:37 II – IV shall be waived by the department; and

(b) Establishing the circumstances constituting an emergency or loss of funding under RSA 21-G:37, V.

History

#12051, eff 11-19-16

N.H. Code Admin. R. Ann. He-C 210.03 Definitions {#sec-he-c-210.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 210.03}

(a) “Commissioner” means the commissioner of the department of health and human services or his or her designee.

(b) “Department” means the New Hampshire department of health and human services.

(c) “Emergency situation” means a situation, condition, or set of circumstances, the source of which is natural, technological, or human made, that has caused or is determined by the commissioner likely to cause the health or safety of individuals served by the department to be at risk by:

(1) Impeding or diminishing the department’s ability to provide materials or services to an individual or group;

(2) Inhibiting or interrupting the continuity of services provided by the department; or

(3) Preventing the department from complying with the law.

(d) “Request for application (RFA)” means an invitation to submit an offer to provide identified services to an agency where the amount of funding available and the particulars of how the services are to be provided are defined by the agency and where the selection of qualifying vendors will be according to identified criteria as provided in RSA 21-I:22-a and RSA 21-I:22-b.

(e) “Request for bid (RFB)” means an invitation to submit an offer to provide specified commodities or services to an agency at a price proposed by the bidder where selection is based on the lowest price meeting or exceeding specifications as stated in the bid.

(f) “Request for proposal (RFP)” means an invitation to submit a proposal to provide specified goods or services, where the particulars of the goods or services and the price are proposed by the vendor and, for proposals meeting or exceeding specifications, selection is according to identified criteria as provided in RSA 21-I:22-a and RSA 21-I:22-b.

History

#12051, eff 11-19-16

N.H. Code Admin. R. Ann. He-C 210.04 Waiver of Requirements {#sec-he-c-210.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 210.04}

(a) The commissioner shall waive any or all of the provisions of RSA 21-G:37, II – IV for any RFA, RFB, RFP, or similar invitations in order to prevent the loss of federal or other funds subject to recapture or if the commissioner determines that there is an emergency situation as defined in He-C 210.03(c) and such waiver would prevent or mitigate the emergency situation.

(b) The department shall post the information required by RSA 21-G:37, II and III as soon as practicable after the circumstances which gave rise to the waiver have been mitigated.

Appendix

Rule

Specific State Statute the Rule Implements

He-C 201.01 – 203.22

RSA 126-A:5, VIII; RSA 541-A:16, I(b)(2); RSA 541-A:30-a, II

He-C 204.01 – 207.04

RSA 126-A:5, VIII; RSA 541-A:16, I(b)(3), (c) and (d)

He-C 205.01

RSA 126-A:5, VIII; RSA 541-A:16, I(b)(3), (c) and (d)

He-C 206.01

RSA 541-A:30-a; 126-A:5, VIII

He-C 206.02

RSA 541-A:30-a; 126-A:5, VIII

He-C 208 (Repealed)

RSA 541-A:11, VII; Repealed by 2012, 156:2

He-C 209

RSA 541-A:11, VII

He-C 210

RSA 21-G:37, V

History

#12051, eff 11-19-16

Chapter He-C 400 Therapeutic Cannabis Program

Part He-C 401 Therapeutic Cannabis Program – Registry Rules

N.H. Code Admin. R. Ann. He-C 401.01 Purpose and Scope {#sec-he-c-401.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.01}

(a) The purpose of these rules is to establish the requirements for issuing registry identification cards to qualifying patients and their designated caregivers for the therapeutic use of cannabis.

(b) Individuals who are not legal residents of the state of New Hampshire shall not be eligible to receive registry identification cards as qualifying patients.

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401)

N.H. Code Admin. R. Ann. He-C 401.02 Definitions {#sec-he-c-401.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.02}

(a) “Alternative treatment center (ATC)” means “alternative treatment center” as defined in RSA 126-X:1, I, namely, “a not-for-profit entity registered under RSA 126-X:7 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, and dispenses cannabis, and related supplies and educational materials, to qualifying patients, designated caregivers, other alternative treatment centers, and visiting qualifying patients.”

(b) “Cannabis” means “cannabis” as defined in RSA 126-X:1, III, namely, “all parts of any plant of the Cannabis genus of plants, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. Such term shall not include the mature stalks of such plants, fiber produced from such stalks, oil, or cake made from the seeds of such plants, any other compound, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seeds of such plants which are incapable of germination. In this chapter, cannabis shall not include hemp grown, processed, marketed, or sold under RSA 439-A.”

(c) “Cannabis concentrate” means any form of cannabinoid extracted from usable cannabis plant material using an extraction method, such as water, food, carbon dioxide, alcohol, or other solvent as allowed by He-C 402.16(j)(1)c.

(d) “Commissioner” means the commissioner of the New Hampshire department of health and human services, or designee.

(e) “Department” means the New Hampshire department of health and human services.

(f) “Designated caregiver” means “designated caregiver” as defined in RSA 126-X:1, VI, namely, “an individual who:

(1) Is at least 21 years of age;

(2) Has agreed to assist with one or more (not to exceed 5) qualifying patient’s therapeutic use of cannabis, except if the qualifying patient and designated caregiver each live greater than 50 miles from the nearest alternative treatment center, in which case the designated caregiver may assist with the therapeutic use of cannabis for up to 9 qualifying patients;

(3) Has never been convicted of a felony or any felony drug-related offense; and

(4) Possesses a valid registry identification card issued pursuant to RSA 126-X:4.”

This term includes “caregiver.”

(g) “Diversion” means the obtaining or transferring of cannabis from a legal possession or use to an illegal use or to a person not authorized to use or obtain cannabis under RSA 126-X or He-C 401.

(h) “Minor” means an individual who is under 18 years of age.

(i) “Provider” means “provider” as defined in RSA 126-X:1, VII(a), namely:

“(1) A physician licensed to prescribe drugs to humans under RSA 329 and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances;

(2) An advanced practice registered nurse licensed pursuant to RSA 326-B:18 and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances;

(3) A physician, physician associate, or advanced practice registered nurse licensed to prescribe drugs to humans under the relevant state licensing laws in Maine, Massachusetts, or Vermont and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances and who is primarily responsible for the patient’s care related to his or her qualifying medical condition;

(4) A physician associate licensed pursuant to RSA 328-D and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances consistent with his or her collaboration agreement; or

(5) Any other New Hampshire provider who is licensed to prescribe drugs to humans and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances and who is primarily responsible for the patient’s care related to his or her qualifying medical condition.”

The term “physician associate” as outlined in (3) and (4) above includes “physician assistant.”

(j) “Provider-patient relationship” means “provider-patient relationship” as defined in RSA 126-X:1, VIII, namely, “a medical relationship between a licensed provider and a patient that includes an in-person exam, a history, a diagnosis, and a treatment plan appropriate for the licensee’s medical specialty.”

(k) “Qualifying medical condition” means:

(1) “Qualifying medical condition” as defined in RSA 126-X:1, IX(a), namely, “the presence of:

(1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, muscular dystrophy, Crohn’s disease, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, epilepsy, lupus, Parkinson’s disease, Alzheimer’s disease, ulcerative colitis, Ehlers-Danlos syndrome, or one or more injuries or conditions that has resulted in one or more qualifying symptoms under subparagraph (2); and

(2) A severely debilitating or terminal medical condition or its treatment that has produced at least one of the following: elevated intraocular pressure, cachexia, chemotherapy-induced anorexia, wasting syndrome, agitation of Alzheimer’s disease, severe pain, constant or severe nausea, moderate to severe vomiting, seizures, severe, persistent muscle spasms, or moderate to severe insomnia;” or

(2) “Qualifying medical condition” as defined in RSA 126-X:1, IX(b), namely:

“(1) Moderate to severe chronic pain.

(2) Severe pain.

(3) Moderate or severe post-traumatic stress disorder.

(4) Autism spectrum disorder in adults 21 years of age or older.

(5) Autism spectrum disorder in people under 21 years of age with the requirement of a consultation with a certified provider of child and/or adolescent psychiatry, developmental pediatrics, or pediatric neurology, who confirms that the autism spectrum disorder has not responded to previously prescribed medication or for which other treatment options produced serious side effects and who supports certification for the use of therapeutic cannabis.

(6) Opioid use disorder, with the following restrictions:

(A) When certified only by a board certified addiction medicine or addiction psychiatry provider who is actively treating the patient for opioid use disorder; and

(B) With associated symptoms of cravings and/or withdrawal.

(7) Generalized anxiety disorder.

(8) For adults 21 years of age or older, any debilitating or terminal medical condition or symptom for which the potential benefits of using therapeutic cannabis would, in the provider’s clinical opinion, likely outweigh the potential health risks for the patient. In order to certify a patient under this category, a certifying provider shall include on the written certification the patient’s specific condition or symptom and attest to their clinical opinion.”

(l) “Qualifying patient” means “qualifying patient” as defined in RSA 126-X:1, X, namely “a resident of New Hampshire who has been diagnosed by a provider as having a qualifying medical condition and who possesses a valid registry identification card issued pursuant to RSA 126-X:4.” This term includes “patient.”

(m) “Registry identification card” means “registry identification card” as defined in RSA 126-X:1, XI, namely, “a document indicating the date issued, effective date, and expiration date by the department pursuant to RSA 126-X:4 that identifies an individual as a qualifying patient or a designated caregiver.” This term includes “registry ID card” used on department forms.

(n) “Therapeutic use” means “therapeutic use” as defined in RSA 126-X:1, XIII, namely, “the acquisition, possession, cultivation, preparation, use, delivery, transfer, or transportation of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a qualifying patient’s qualifying medical condition or symptoms or results of treatment associated with the qualifying patient’s qualifying medical condition. It shall not include:

(a) The use of cannabis by a designated caregiver who is not a qualifying patient; or

(b) Cultivation or purchase by a visiting qualifying patient from a qualifying patient or designated caregiver; or

(o) “Use in adolescence” means “use in adolescence” as defined in RSA 126-X:XV-a, namely, “the therapeutic use of cannabis by any person whose age is within the generally accepted medical and psychiatric definition of an adolescent as ranging in age from 12-25 years old, as well as by individuals younger in age.”

(p) “Visiting qualifying patient” means “visiting qualifying patient” as defined in RSA 126-X:1, XVI, namely, “a person who is not a resident of New Hampshire, or who has been a resident of New Hampshire for fewer than 90 days, who has been issued a valid registry identification card, or its equivalent, under the laws of another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada, that allows, in the jurisdiction of issuance, that person to possess cannabis for therapeutic purposes.”

(q) “Written certification” means “written certification” as defined in RSA 126-X:1, XVII, namely, “documentation of a qualifying medical condition by a provider pursuant to rules adopted by the department pursuant to RSA 541-A for the purpose of issuing registry identification cards, after having completed a full assessment of the patient’s medical history and current medical condition made in the course of a provider-patient relationship.”

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; amd by #10964, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23; ss by #13763-A, eff 6-26-23; ss by #14386, eff 10-1-25, EXPIRES: 10-1-35

N.H. Code Admin. R. Ann. He-C 401.03 Registry Identification Card Required {#sec-he-c-401.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.03}

(a) In order to receive legal protection for the therapeutic use of cannabis as authorized by RSA 126-X, an individual shall apply for and receive a registry identification card for the therapeutic use of cannabis.

(b) Qualifying patients and designated caregivers shall possess at all times their registry identification cards while in possession of cannabis outside their home(s).

(c) Pursuant to RSA 126-X:3, V, qualifying patients and designated caregivers who are found to be in possession of cannabis outside of their home(s) and are not in possession of their registry identification cards shall be subject to a fine of up to $100.

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401)

N.H. Code Admin. R. Ann. He-C 401.04 Initial Application Requirements for Qualifying Patients {#sec-he-c-401.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.04}

(a) Applicants for a qualifying patient registry identification card shall submit a completed “Patient Application” form to the department, which includes the following:

(1) Indication whether it is an initial or renewal application;

(2) The following applicant information:

a. Full name;

b. Date of birth;

c. Gender;

d. Telephone number;

e. Mailing address; and

f. Physical address, if different than mailing address, except that if the applicant is experiencing homelessness this shall not be required;

(3) The following information about the applicant’s certifying provider:

a. First and last name;

b. Business address; and

c. Telephone number;

(4) A signed and dated release authorizing the release of relevant medical information by the certifying provider to the department if further information about the applicant’s qualifying medical condition or written certification is required by the department;

(5) The following information about the applicant’s designated caregiver, if the applicant has designated a caregiver:

a. Full name;

b. Mailing address;

c. Date of birth; and

d. Indication that a “Caregiver Application” is enclosed or has already been submitted;

(6) A signed and dated attestation of the following acknowledgements:

a. “I understand that my Registry ID Card is valid for one year, unless a shorter or longer duration is indicated by my provider. I must renew or extend my card prior to its expiration in order to prevent a lapse in registration.”;

b. “I understand that if I am notified of a denial or a revocation I have 30 days from the date of the notice to appeal the decision, and that if an appeal request is not made within that timeframe then I will have waived my right to an appeal and the action of the Department shall become final.”;

c. “I understand that I may not possess, between myself and my Designated Caregiver, more than 2 ounces of cannabis, or obtain more than 2 ounces of cannabis in any 10-day period from any source.”;

d. “I understand that I may only use cannabis for the purpose of treating or alleviating my qualifying medical condition.”;

e. “I understand that I may not be under the influence of cannabis: (1) while operating a motor vehicle, commercial vehicle, boat, vessel, or any other vehicle propelled or drawn by power other than muscular power; (2) in my place of employment, without the written permission of my employer; or (3) while operating heavy machinery or handling a dangerous instrumentality.”;

f. “I understand that I may not smoke or vaporize cannabis in any public place, including a public bus or other public vehicle, or any public park, public beach, or public field.”;

g. “I understand that I may not be in possession of cannabis in any of the following locations: (1) the building and grounds of any preschool, elementary, or secondary school, which are located in an area designated as a drug free zone; (2) a place of employment, without the written permission of the employer; (3) any correctional facility; (4) any public recreation center or youth center; or (5) any law enforcement facility.”;

h. “I understand that I may use cannabis on privately-owned real property only with written permission of the property owner or, in the case of leased property, with the permission of the tenant in possession of the property.”;

i. “I have instructed a family member, caretaker, executor, and my Designated Caregiver that, in the event of my death, the Department shall be notified within 5 days that I have died, and that within 5 days of learning of my death, the family member, caretaker, executor, or my Designated Caregiver shall either request that the local law enforcement agency remove any remaining cannabis or dispose of the cannabis in a manner that is specified in RSA 126-X:2, XIV.”;

j. “I understand that if I am found to be in possession of cannabis outside of my home and I am not in possession of my Registry ID Card, I may be subject to a fine of up to $100.”;

k. “I understand that any person(s) who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the therapeutic use of cannabis to avoid arrest or prosecution shall be guilty of a violation and may be fined $500, which shall be in addition to any other penalties that may apply for making a false statement to a law enforcement official or for the use of cannabis other than use undertaken pursuant to RSA 126-X.”;

l. “I understand that the protections granted by RSA 126-X for the therapeutic use of cannabis apply only within New Hampshire.”;

m. “I understand that I must be in compliance with RSA 126-X and with the administrative rules adopted thereunder, and that the Department may revoke my Registry ID Card for any violation of any provision of RSA 126-X or the rules adopted thereunder.”; and

n. “I understand that by using cannabis I may be denied rights and privileges by federal agencies including, but not limited to, those related to employment such as driving a commercial vehicle, those related to owning, possessing, or purchasing a firearm and ammunition, those related to federally subsidized housing, those related to immigration and naturalization, or the inability to pass a security clearance.”;

(7) A signed and dated certification that:

a. The applicant is a resident of New Hampshire;

b. The facts as stated in the application are accurate to the best of the applicant’s knowledge and belief; and

c. The applicant understands that any false statements made on the application are punishable as unsworn falsification under RSA 641:3;

(8) A signed and dated pledge not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to RSA 126-X, acknowledgement that diversion of cannabis shall result in revocation of their registry identification card, and acknowledgement that the sale of cannabis to anyone who is not a qualifying patient or a designated caregiver is punishable as a class B felony with a sentence of a maximum term of imprisonment of not more than 7 years, and a fine of not more than $300,000, or both, in addition to other penalties for the illegal sale of cannabis; and

(9) Voluntary demographic information, as follows:

a. Race and ethnicity;

b. Veteran status;

c. Employment and income;

d. Public assistance;

e. Education;

f. Health insurance;

g. Marital status; and

h. Language proficiency.

(b) In addition to (a) above, applicants shall provide to the department the following supporting documentation:

(1) A “Written Certification for the Therapeutic Use of Cannabis” form completed by the applicant’s provider in accordance with He-C 401.07, except that a written certification completed more than 6 months prior to the date of the applicant’s application submission shall not be accepted;

(2) A fee in accordance with He-C 401.14(b)(1); and

(3) Proof of New Hampshire residency, as follows:

a. A copy of the applicant’s valid, non-expired New Hampshire driver’s license or New Hampshire state identification;

b. A copy of the applicant’s valid, non-expired state or federal government-issued identification that shows the applicant’s name and New Hampshire address; or

c. If documentation in a. and b. above is unavailable, other documentation that contains the applicant’s name and current address and which indicates New Hampshire residency, such as:

A current lease agreement or vehicle registration; or
A utility bill, medical bill, property tax bill, mortgage statement, bank statement, government check, or payroll check with a date showing that it was issued within 6 months of the date the application was received by the department.

NH Department of Health and Human Services

Therapeutic Cannabis Program

29 Hazen Drive

Concord, NH 03301

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

N.H. Code Admin. R. Ann. He-C 401.05 Initial Application Requirements for Designated Caregivers {#sec-he-c-401.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.05}

(a) Applicants for a designated caregiver registry identification card shall submit a completed “Caregiver Application” form to the department, which includes the following:

(1) Indication whether it is an initial or renewal application;

(2) The following applicant information:

a. Full name;

b. Date of birth;

c. Gender;

d. Telephone number;

e. Mailing address; and

f. Physical address, if different than mailing address;

(3) The following information for each qualifying patient the applicant will be assisting with the therapeutic use of cannabis, which shall not exceed 5 qualifying patients, except that additional qualifying patients shall be allowed, up to a maximum of 9, if both the designated caregiver and the additional qualifying patients each live greater than 50 miles from the nearest ATC:

a. Full name;

b. Mailing address;

c. Physical address, if different than mailing address, except that if the qualifying patient is experiencing homelessness this shall not be required; and

d. Date of birth;

(4) A signed and dated attestation of the following acknowledgements:

a. “I understand that my Registry ID Card is valid for one year, unless a shorter or longer duration is indicated by my patient’s medical provider. I must renew or extend my card prior to its expiration in order to prevent a lapse in registration.”;

c. “I understand that I may not possess, between myself and my Qualifying Patient(s), more than 2 ounces of cannabis per Qualifying Patient, or obtain more than 2 ounces of cannabis in any 10-day period from any source per Qualifying Patient.”;

d. “I understand that as a Designated Caregiver I am not permitted to use cannabis, unless I am also a Qualifying Patient, and may be subject to criminal penalties if I do so.”;

e. “I understand that as a Designated Caregiver I am not permitted to possess any cannabis for purposes other than its therapeutic use as permitted by RSA 126-X.”;

f. “I understand that I may not be in possession of cannabis in any of the following locations: (1) the building and grounds of any preschool, elementary, or secondary school, which are located in an area designated as a drug free zone; (2) a place of employment, without the written permission of the employer; (3) any correctional facility; (4) any public recreation center or youth center; or (5) any law enforcement facility.”;

g. “I understand that in the event of my Qualifying Patient’s death, I will, within 5 days of the death: (1) notify the Department of the death; and (2) either request that the local law enforcement agency remove any remaining cannabis or dispose of the remaining cannabis in a manner that is specified in RSA 126-X:2, XIV.”;

h. “I understand that if I am found to be in possession of cannabis outside of my home and I am not in possession of my Registry ID Card, I may be subject to a fine of up to $100.”;

i. “I understand that any person(s) who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the therapeutic use of cannabis to avoid arrest or prosecution shall be guilty of a violation and may be fined $500, which shall be in addition to any other penalties that may apply for making a false statement to a law enforcement official or for the use of cannabis other than use undertaken pursuant to this RSA 126-X.”;

j “I understand that the protections granted by RSA 126-X for the therapeutic use of cannabis apply only within New Hampshire.”;

k. “I understand that I must be in compliance with RSA 126-X and with the administrative rules adopted thereunder, and that the Department may revoke my Registry ID Card for any violation of any provision of RSA 126-X or the rules adopted thereunder.”; and

l. “I understand that I, by possessing cannabis, and my Qualifying Patient, by using cannabis, may be denied rights and privileges by federal agencies including, but not limited to, those related to employment such as driving a commercial vehicle, those related to owning, possessing, or purchasing a firearm and ammunition, those related to federally subsidized housing, those related to immigration and naturalization, or the inability to pass a security clearance.”;

(5) A signed and dated attestation that the applicant has not been convicted of a felony offense in New Hampshire or in any other state, and agreement to notify the department if convicted of a felony offense subsequent to being issued a registry ID card;

(6) A signed and dated certification that:

a. The applicant agrees to act as the designated caregiver for the qualifying patient named in the application;

b. The facts as stated in the application are accurate to the best of the applicant’s knowledge and belief; and

c. The applicant understands that any false statements made on the application are punishable as unsworn falsification under RSA 641:3;

(7) A signed and dated pledge not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to RSA 126-X, acknowledgement that diversion of cannabis shall result in revocation of their registry identification card, and acknowledgement that the sale of cannabis to anyone who is not a qualifying patient or a designated caregiver is punishable as a class B felony with a sentence of a maximum term of imprisonment of not more than 7 years, and a fine of not more than $300,000, or both, in addition to other penalties for the illegal sale of cannabis; and

(8) Voluntary demographic information, as follows:

a. Race and ethnicity;

b. Veteran status;

c. Employment and income;

d. Public assistance;

e. Education;

f. Health insurance;

g. Marital status; and

h. Language proficiency.

(b) The applicant shall submit the documents in (a) above to:

NH Department of Health and Human Services

Therapeutic Cannabis Program

29 Hazen Drive

Concord, NH 03301

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

N.H. Code Admin. R. Ann. He-C 401.06 Provider Requirements {#sec-he-c-401.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.06}

(a) The department shall accept written certifications for the therapeutic use of cannabis only from providers who possess, at the time of signing the certification, the following:

(1) For providers in New Hampshire, an active license, in good standing, pursuant to RSA 329 for physicians, pursuant to RSA 326-B:18 for advanced practice registered nurses, pursuant to RSA 328-D for physician associates, or pursuant to the appropriate state statute for any other New Hampshire-licensed provider authorized by RSA 126-X:1, VII(a)(5);

(2) For providers in Maine, Massachusetts, and Vermont, an active license, in good standing, pursuant to the relevant state licensing laws in Maine, Massachusetts, or Vermont, except that a license for a naturopathic doctor shall not be acceptable; and

(3) For all providers in (1) and (2) above, an active registration from the United States Drug Enforcement Administration to prescribe controlled substances.

(b) A provider issuing a written certification shall:

(1) Have a provider-patient relationship with the patient, as defined in He-C 401.02(j);

(2) If a provider licensed in Maine, Massachusetts, or Vermont, be primarily responsible for the patient’s care related to the patient’s qualifying medical condition, pursuant to RSA 126-X:1, VII(a)(3);

(3) If a physician associate, be consistent with their collaboration agreement, pursuant to RSA 126-X:1, VII(a)(4), if one is required under RSA 328-D:3-b;

(4) Conduct a full assessment of the patient’s medical history and current medical condition which includes:

a. An in-person physical examination of the patient, which shall not be via telemedicine, except that telemedicine shall be allowed for providers for follow-up visits related to cannabis certification and treatment, and for recertifications and extensions completed by the same certifying provider;

b. A medical history of the patient, including a prescription history;

c. A review of laboratory testing, imaging, and other relevant tests;

d. Appropriate consultations;

e. A documented diagnosis of the patient’s current medical condition; and

f. The development or documentation of a treatment plan for the patient appropriate for the provider’s specialty;

(5) Explain the potential health effects of the therapeutic use of cannabis:

a. To the patient; or

b. In the case of a patient who is a minor, to the minor’s custodial parent or legal guardian with responsibility for health care decisions for the patient, which shall be inclusive of potential risks and benefits of the therapeutic use of cannabis;

(6) Provide counseling:

a. To each patient who is a woman of child-bearing age, and to the patient’s custodial parent or legal guardian if the patient is a minor, about the risks of cannabis use during pregnancy and while breastfeeding; and

b. To each patient who is an adolescent 25 years of age or less, and to the patient’s custodial parent or legal guardian if the patient is a minor, about the risks of cannabis use in adolescence;

(7) Follow the patient clinically at appropriate intervals at the discretion of the provider to provide follow-up care and treatment to the patient for the patient’s qualifying medical condition including, but not limited to, physical examinations, to determine the health effects of cannabis for treating the patient’s qualifying medical condition or associated symptom for which the written certification was issued;

(8) Maintain medical records for all patients for whom the provider has issued a written certification which support the written certification;

(9) Make a copy of such records which support the written certification available to the department, and otherwise provide information to the department upon request about the patient’s qualifying medical condition, to ensure compliance with RSA 126-X and He-C 401; and

(10) If the provider has recommendations or instructions for the therapeutic use of cannabis for the patient, be permitted to send such recommendations or instructions to the patient’s ATC(s), either directly or via the department. Such recommendations shall be securely transmitted.

(c) A provider shall not consider a patient to have a qualifying medical condition if a patient who has had a diagnosis of a qualifying medical condition in the past no longer actively has a qualifying medical condition, unless the symptoms related to such qualifying medical condition are mitigated by the therapeutic use of cannabis.

(d) Providers shall not issue a written certification for themselves or for the provider’s immediate family members.

(e) A provider shall not:

(1) Accept, solicit, or offer any form of pecuniary remuneration from or to an ATC, or other business engaged in the cultivation, manufacture, or sale of cannabis, except if the provider is employed by an ATC or other such business;

(2) Offer a discount or other thing of value to a patient who uses or agrees to use a particular ATC or other location where cannabis is sold or distributed;

(3) Examine a patient in relation to issuing a written certification at a location where cannabis is sold or distributed;

(4) Hold any economic interest in an ATC, or other business engaged in the cultivation, manufacture, or sale of cannabis, including but not limited to employment at an ATC, or other such business, if the provider issues written certifications to patients; or

(5) Refer or recommend a patient to a cannabis dispensary or other location where cannabis is sold or distributed that is located outside of New Hampshire.

(f) Providers may rescind or otherwise withdraw a written certification which they have previously issued, for cause, including, but not limited to, the provider making a determination that the patient:

(1) No longer has a qualifying medical condition;

(2) Should discontinue using cannabis;

(3) Falsified information that was the basis of the provider’s written certification;

(4) Did not adhere to the provider’s treatment plan for the patient; or

(5) Should no longer be certified for the therapeutic use of cannabis for another compelling reason.

(g) To rescind or otherwise withdraw a previously issued written certification, the certifying provider shall submit the following information on the “Written Certification Withdrawal” form:

(1) Qualifying patient name;

(2) Qualifying patient date of birth;

(3) Certifying provider name;

(4) Medical practice phone number;

(5) Reason for withdrawal of the written certification; and

(6) Certifying provider’s dated signature of a statement of withdrawal for the reason in (5) above.

(h) Providers may extend the duration of a written certification, as follows:

(1) If a written certification has been previously issued for fewer than 3 years, per He-C 401.07(b)(8), the provider who issued that written certification may extend the written certification, provided that the total duration of the written certification, including any extensions, shall not exceed 3 years;

(2) A written certification extension shall be signed and dated no later than the expiration date of the qualifying patient’s registry identification card;

(3) A written certification extension signed in accordance with (1) and (2) above shall be received by the department no later than one month after the expiration of the qualifying patient’s registry identification card;

(4) A written certification extension shall not require the submission of a new written certification, a new patient application, or a new fee; and

(5) Notwithstanding (1) and (4) above, a provider in the same medical practice as the provider who issued the written certification may extend the original provider’s certification if documentation that the original provider has permanently left the practice and that care of the patient has been transferred to the new provider is submitted. In such cases, both a written certification and a written certification extension shall be completed by the new provider and submitted to the department.

(i) To extend the duration of a written certification, the certifying provider shall provide to the department the following information on the “Written Certification Extension” form:

(1) Qualifying patient name;

(2) Qualifying patient date of birth;

(3) Certifying provider name;

(4) Certifying provider license number;

(5) Medical practice phone number;

(6) Expiration date of the qualifying patient’s current registry identification card, if known;

(7) Length of extension; and

(8) Certifying provider’s dated signature.

(j) Upon receipt of the completed written certification extension in (i) above, which meets the requirements in (h) above and which was submitted by either the certifying provider or the qualifying patient, the department shall issue:

(1) To the qualifying patient, a new registry identification card with a new expiration date; and

(2) To the qualifying patient’s designated caregiver, a new registry identification card with a new expiration date, if the qualifying patient has a designated caregiver with a non-expired registry identification card.

(k) The department shall track written certification extensions to ensure that no qualifying patient or designated caregiver receives an extension in excess of the maximum of 3 years from the first effective date of the current registry identification card.

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23; ss by #14386, eff 10-1-25, EXPIRES: 10-1-35

N.H. Code Admin. R. Ann. He-C 401.07 Written Certification Requirements {#sec-he-c-401.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.07}

(a) The certifying provider shall complete a “Written Certification for the Therapeutic Use of Cannabis” form, which includes the following:

(1) Indication whether it is an initial or renewal certification;

(2) The following patient information:

a. Full name;

b. Mailing address;

c. Date of birth; and

d. Telephone number; and

(3) The following provider information:

a. Full name;

b. Name of medical practice;

c. Office mailing address;

d. Office telephone and fax numbers;

e. Email address;

f. State license number;

g. Indication that the provider is a physician (MD or DO), a physician associate or assistant (PA), an advanced practice registered nurse (APRN), or another provider type authorized by RSA 126-X:1, VII(a)(5);

h. Active US Drug Enforcement Administration registration number; and

i. Medical specialty, as appropriate for the provider type.

(b) On the “Written Certification for the Therapeutic Use of Cannabis” form, the provider shall:

(1) Certify that the patient has a qualifying medical condition, as defined in He-C 401.02(j) and RSA 126-X:1, IX(a) or (b), by:

a. Providing the patient’s name;

b. Indicating which condition(s) the patient has;

c. For a diagnosis of opioid use disorder with associated symptoms of cravings or withdrawal, or both, providing the provider’s addiction medicine or addiction psychiatry certification board name and certification number;

d. For patients 21 years old or older, if applicable, indicating the specific debilitating or terminal medical condition or symptom the patient has, which is not listed in RSA 126-X:1, IX(a) or (b)(1)-(7), and certifying that the potential benefits of using therapeutic cannabis would, in the provider’s clinical opinion, likely outweigh the potential health risks for the patient; and

e. Signing and dating the certification;

(2) Indicate whether the written certification is based on an in-person physical examination or an examination that was conducted via telemedicine;

(3) For a diagnosis of autism spectrum disorder for patients under age 21, certify that the provider has consulted with a certified provider of child or adolescent psychiatry, or both, developmental pediatrics, or pediatric neurology, who has confirmed that the autism spectrum disorder has not responded to previously prescribed medication or for which other treatment options produced serious side effects, and who supports certification for the therapeutic use of cannabis;

(4) Certify that the provider has a provider-patient relationship with the patient, as follows:

“I have completed a full assessment of my patient’s medical history and current medical condition in accordance with He-C 401.06(b)(4) made in the course of a provider-patient relationship”;

(5) Certify that the provider explained the potential health effects of the therapeutic use of cannabis:

a. To the patient; or

b. In the case of a patient who is a minor, to the patient’s custodial parent or legal guardian with responsibility for health care decisions for the patient, which shall be inclusive of the potential risks and benefits of the therapeutic use of cannabis;

(6) Certify that the provider counseled:

a. The patient, if the patient is a woman of child-bearing age, and the patient’s custodial parent or legal guardian if the patient is a minor, about the risks of cannabis use during pregnancy and while breastfeeding; and

b. The patient, if the patient is an adolescent 25 years of age or less, and the patient’s custodial parent or legal guardian if the patient is a minor, about the risks of cannabis use in adolescence;

(7) Certify that the provider possesses an active license in good standing with the state of New Hampshire or the state of Maine, Massachusetts, or Vermont and is either:

a. A physician, an advanced practice registered nurse, or a physician associate licensed in New Hampshire to prescribe drugs to humans under RSA 329, RSA 326-B:18, or RSA 328-D, respectively, and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances;

b. Another provider type licensed in New Hampshire to prescribe drugs to humans under the relevant New Hampshire licensing laws, who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances, and who is primarily responsible for the patient’s care related to the patient’s qualifying medical condition; or

c. A physician, physician associate, or an advanced practice registered nurse licensed in Maine, Massachusetts, or Vermont to prescribe drugs to humans under the relevant state licensing laws, who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances, and who is primarily responsible for the patient’s care related to the patient’s qualifying medical condition;

(8) Certify that the facts as stated in the written certification are accurate to the best of the provider’s knowledge and belief and that the provider understands that any false statements made on the written certification are punishable as unsworn falsification under RSA 641:3; and

(9) Indicate the duration for which the registry identification card shall be valid, up to a maximum of 3 years, except that if this is not indicated, the card shall default to a duration of one year.

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23; ss by #14386, eff 10-1-25, EXPIRES: 10-1-35

N.H. Code Admin. R. Ann. He-C 401.08 Initial Application Requirements for Minor Patients {#sec-he-c-401.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.08}

(a) The minor applicant’s custodial parent(s) or legal guardian who is responsible for the health care decisions of the minor applicant shall complete and submit the “Minor Patient Application” form described in (c) below.

(b) The “Minor Patient Application” form shall be a combined application for both the minor applicant and the designated caregiver applicant(s).

(c) The minor applicant’s custodial parent(s) or legal guardian shall include the following on the “Minor Patient Application”:

(1) Indication whether it is an initial or renewal application;

(2) The following minor applicant information:

a. Full name;

b. Date of birth;

c. Gender;

d. Mailing address; and

e. Physical address, if different than mailing address, except that if the minor applicant is experiencing homelessness this shall not be required;

(3) The following information about the designated caregiver applicant(s):

a. Full name;

b. Date of birth;

c. Gender;

d. Phone number;

e. Mailing address, if different than the minor applicant; and

f. Physical address, if different than the minor applicant;

(4) The following information about the minor applicant’s certifying providers:

a. First and last name;

b. Business address; and

c. Telephone number;

(5) A signed and dated release authorizing the release of relevant medical information by the certifying providers to the department if further information about the minor applicant’s qualifying medical condition or written certification is required by the department;

(6) Signed and dated attestation(s) of the following minor patient requirements:

a. “I am the custodial parent or legal guardian responsible for the health care decisions of the applicant.”;

b. “The applicant’s certifying providers have explained to me the potential risks and benefits of the therapeutic use of cannabis.”;

c. “I consent to allow the applicant’s therapeutic use of cannabis.”;

d. “I consent to serve as the applicant’s Designated Caregiver and to control the acquisition of cannabis and the frequency of the therapeutic use of cannabis by the applicant.”;

e. “I understand that if I am not approved to be a Designated Caregiver, then the applicant’s application to be a Qualifying Patient shall not be approved.”; and

f. If applicable, “I share legal custody of the applicant, and I have notified the other parent or guardian with legal custody of the applicant in advance of submitting this application by having provided to the other parent or guardian a copy of the completed Application form and the completed Written Certification forms.”;

(7) Signed and dated attestation(s) of the following acknowledgements:

a. “I understand that Registry ID Cards are valid for one year, unless a shorter or longer duration is indicated by the patient’s medical provider. Cards must be renewed or extended prior to their expiration in order to prevent a lapse in registration.”;

b. “I understand that if I am notified of a denial or a revocation I have 30 days from the date of the notice to appeal the decision, and that if a request for an appeal is not made within that timeframe then I will have waived my right to an appeal and the action of the Department shall become final.”;

d. “I understand that as a Designated Caregiver I am not permitted to use cannabis, unless I am also a Qualifying Patient, and may be subject to criminal penalties if I do so.”;

e. “I understand that my Qualifying Patient may only use cannabis for the purpose of treating or alleviating their qualifying medical condition.”;

f. “I understand that as a Designated Caregiver I am not permitted to possess any cannabis for purposes other than its therapeutic use as permitted by RSA 126-X.”;

g. “I understand that my Qualifying Patient may not be under the influence of cannabis: (1) while operating a motor vehicle, commercial vehicle, boat, vessel, or any other vehicle propelled or drawn by power other than muscular power; (2) in their place of employment, without the written permission of the employer; or (3) while operating heavy machinery or handling a dangerous instrumentality.”;

h. “I understand that my Qualifying Patient may not smoke or vaporize cannabis in any public place, including a public bus or other public vehicle, or any public park, public beach, or public field.”;

i. “I understand that my Qualifying Patient and I may not be in possession of cannabis in any of the following locations: (1) the building and grounds of any preschool, elementary, or secondary school, which are located in an area designated as a drug free zone; (2) a place of employment, without the written permission of the employer; (3) any correctional facility; (4) any public recreation center or youth center; or (5) any law enforcement facility.”;

j. “I understand that my Qualifying Patient may use cannabis on privately-owned real property only with written permission of the property owner or, in the case of leased property, with the permission of the tenant in possession of the property.”;

k. “I understand that in the event of my Qualifying Patient’s death, I will, within 5 days of the death: (1) notify the Program of the death; and (2) either request that the local law enforcement agency remove any remaining cannabis or dispose of the remaining cannabis in a manner that is specified in RSA 126-X:2, XIV.”;

l. “I understand that if my Qualifying Patient or I am found to be in possession of cannabis outside of our home and we are not in possession of a Registry ID Card, we may be subject to a fine of up to $100.”;

m. “I understand that any person(s) who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the therapeutic use of cannabis to avoid arrest or prosecution shall be guilty of a violation and may be fined $500, which shall be in addition to any other penalties that may apply for making a false statement to a law enforcement official or for the use of cannabis other than use undertaken pursuant to this RSA 126-X.”;

n. “I understand that the protections granted by RSA 126-X for the therapeutic use of cannabis apply only within NH.”;

o. “I understand that my Qualifying Patient and I must be in compliance with RSA 126-X and with the administrative rules adopted thereunder, and that the Department may revoke a Registry ID Card for any violation of any provision of RSA 126-X or the rules adopted thereunder.”; and

p. “I understand that I, by possessing cannabis, and my Qualifying Patient, by using cannabis, may be denied rights and privileges by federal agencies including, but not limited to, those related to employment such as driving a commercial vehicle, those related to owning, possessing, or purchasing a firearm and ammunition, those related to federally subsidized housing, those related to immigration and naturalization, or the inability to pass a security clearance.”;

(8) A signed and dated attestation that the applicant has not been convicted of a felony offense in New Hampshire or in any other state, and agreement to notify the department if convicted of a felony offense subsequent to being issued a registry ID card;

(9) Signed and dated certification(s) that:

a. The minor applicant is a resident of New Hampshire;

b. The facts as stated in the application are accurate to the best of the designated caregiver applicant’s knowledge and belief; and

c. The designated caregiver applicant understands that any false statements made on the application are punishable as unsworn falsification under RSA 641:3; and

(10) A signed and dated pledge not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to RSA 126-X, acknowledgement that diversion of cannabis shall result in revocation of their registry identification card, and acknowledgement that the sale of cannabis to anyone who is not a qualifying patient or a designated caregiver is punishable as a class B felony with a sentence of a maximum term of imprisonment of not more than 7 years, and a fine of not more than $300,000, or both, in addition to other penalties for the illegal sale of cannabis.

(d) In cases where parents share legal custody of a minor applicant, and both parents are not listed on the application, the parent submitting an application shall notify the other parent with legal custody of the minor applicant in advance of submitting the application to the department by providing to the other parent a copy of the completed application and the completed written certifications.

(e) In addition to the application described in (c) above, the following shall also be submitted:

(1) Two written certifications, described in He-C 401.07, from 2 different providers, one of whom shall be a pediatric care provider as defined in (f) below and which shall meet the following additional requirements:

a. At least one qualifying medical condition shall match between the 2 written certifications; and

b. If the durations indicated on the 2 written certifications do not match, then the duration shall be the lesser of the 2 written certifications;

(2) Proof of NH residency, as described in He-C 401.04(b)(3), for either the minor applicant or one of the designated caregiver applicants;

(3) A fee in accordance with He-C 401.14(b)(2); and

(4) In cases where a minor applicant’s legal guardian is not a custodial parent, the legal guardian shall submit with the application proof of legal guardianship.

(f) For the purposes of these rules, “pediatric care provider” means:

(1) A provider who has a medical specialty of pediatrics, family practice or family medicine, or a pediatric subspecialty;

(2) A physician associate:

a. Whose collaboration agreement, if one is required under RSA 328-D:3-b, is with a physician with a medical specialty of pediatrics, family practice or family medicine, or a pediatric subspecialty;

b. Who is employed as a member of a pediatric healthcare team; or

c. Who is a sole practitioner who has extensive training and experience treating children from birth through young adulthood for their physical, emotional, and social healthcare needs; or

(3) A provider who has extensive training and experience treating children from birth through young adulthood for their physical, emotional, and social healthcare needs.

(g) Providers in (f)(2) and (3) above shall complete a “Pediatric Care Provider Attestation” which includes:

(1) Minor qualifying patient’s name;

(2) Minor qualifying patient’s date of birth;

(3) Certifying provider’s name;

(4) Certifying provider’s license number;

(5) For physician associates in (f)(2) above, an attestation that the provider is a licensed physician associate and:

a. If required by RSA 328-D:3-b, has a collaboration agreement with a physician with a medical specialty of pediatrics, family practice or family medicine, or a pediatric subspecialty;

b. Is employed as a member of a pediatric healthcare team; or

c. Is a sole practitioner who has extensive training and experience treating children from birth through young adulthood for their physical, emotional, and social healthcare needs;

(6) For providers in (f)(3) above, an attestation that the provider is a provider who has extensive training and experience treating children from birth through young adulthood for their physical, emotional, and social healthcare needs; and

(7) Certifying provider’s dated signature.

(h) The documents in (c), (e), and (g) above shall be submitted to:

NH Department of Health and Human Services

Therapeutic Cannabis Program

29 Hazen Drive

Concord, NH 03301

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23; ss by #14386, eff 10-1-25, EXPIRES: 10-1-35

N.H. Code Admin. R. Ann. He-C 401.09 Initial Application Requirements for Adult Patients with Guardians {#sec-he-c-401.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.09}

(a) The patient applicant’s legal guardian who is responsible for the health care decisions of the patient applicant shall complete and submit the “Guardianship Patient Application” form described in (c) below.

(b) The “Guardianship Patient Application” form shall be a combined application for both the patient applicant and the designated caregiver applicant(s).

(1) Indication whether it is an initial or renewal application;

(2) The following patient applicant information:

a. Full name;

b. Date of birth;

c. Gender;

d. Optional telephone number;

e. Mailing address; and

f. Physical address, if different than mailing address, except that if the patient applicant is experiencing homelessness this shall not be required;

(3) The following information about the designated caregiver applicant(s):

a. Full name;

b. Date of birth;

c. Gender;

d. Phone number;

e. Mailing address, if different than the patient applicant; and

f. Physical address, if different than the patient applicant;

(4) The following information about the patient applicant’s certifying provider:

a. First and last name;

b. Business address; and

c. Telephone number;

(5) A signed and dated release authorizing the release of relevant medical information by the certifying provider to the department if further information about the patient applicant’s qualifying medical condition or written certification is required by the department;

(6) Signed and dated attestation(s) of the following acknowledgements:

d. “I understand that as a Designated Caregiver I am not permitted to use cannabis, unless I am also a Qualifying Patient, and may be subject to criminal penalties if I do so.”;

e. “I understand that my Qualifying Patient may only use cannabis for the purpose of treating or alleviating their qualifying medical condition.”;

f. “I understand that as a Designated Caregiver I am not permitted to possess any cannabis for purposes other than its therapeutic use as permitted by RSA 126-X.”;

k. “I understand that in the event of my Qualifying Patient’s death, I will, within 5 days of the death: (1) notify the Department of the death; and (2) either request that the local law enforcement agency remove any remaining cannabis or dispose of the remaining cannabis in a manner that is specified in RSA 126-X:2, XIV.”;

n. “I understand that the protections granted by RSA 126-X for the therapeutic use of cannabis apply only within New Hampshire.”;

(7) A signed and dated attestation that the applicant has not been convicted of a felony offense in New Hampshire or in any other state, and agreement to notify the department if convicted of a felony offense subsequent to being issued a registry ID card;

(8) Signed and dated certification(s) that:

a. The patient applicant is a resident of New Hampshire;

b. The facts as stated in the application are accurate to the best of the designated caregiver applicant’s knowledge and belief; and

c. The designated caregiver applicant understands that any false statements made on the application are punishable as unsworn falsification under RSA 641:3;

(9) Signed and dated pledge(s) not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to RSA 126-X, acknowledgement that diversion of cannabis shall result in revocation of their registry identification card, and acknowledgement that the sale of cannabis to anyone who is not a qualifying patient or a designated caregiver is punishable as a class B felony with a sentence of a maximum term of imprisonment of not more than 7 years, and a fine of not more than $300,000, or both, in addition to other penalties for the illegal sale of cannabis; and

(10) Voluntary demographic information, as follows:

a. Race and ethnicity;

b. Veteran status;

c. Employment and income;

d. Public assistance;

e. Education;

f. Health insurance;

g. Marital status; and

h. Language proficiency.

(d) In cases where co-guardians share legal custody of an adult patient applicant, and both co-guardians are not listed on the application, the guardian submitting an application shall notify the other guardian with legal custody of the adult patient applicant in advance of submitting the application to the department by providing to the other guardian a copy of the completed application and the completed written certification.

(e) In addition to the application described in (c) above, the following shall also be submitted:

(1) A written certification, described in He-C 401.07;

(2) Proof of NH residency for the patient applicant, as described in He-C 401.04(b)(3), except that if this information is not available for the patient applicant, it shall be submitted for one of the designated caregiver applicants;

(3) A fee in accordance with He-C 401.14(b)(5); and

(4) Proof of legal guardianship for each designated caregiver applicant listed on the application.

(f) The documents in (c) and (e) above shall be submitted to:

NH Department of Health and Human Services

Therapeutic Cannabis Program

29 Hazen Drive

Concord, NH 03301

History

(See Revision Note #2 at part heading for He-C 401) #13220, eff 7-1-21; ss by #13567, eff 5-1-23

N.H. Code Admin. R. Ann. He-C 401.10 Processing of Applications and Issuance of Registry Identification Cards {#sec-he-c-401.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.10}

(a) An application for initial approval as a qualifying patient or a designated caregiver shall be complete when the department determines that all information and supporting documentation required by He-C 401.04, He-C 401.05, He-C 401.06, He-C 401.08, or He-C 401.09 have been received.

(b) If an application does not contain all of the items required by He-C 401.04, He-C 401.05, He-C 401.06, He-C 401.08, or He-C 401.09 the department shall notify the applicant, and the applicant’s certifying provider in the case of a written certification, in writing within 10 days specifying any information or supporting documentation required to be submitted before the application can be processed.

(c) If after written notice in (b) above the applicant, or the applicant’s provider in the case of a written certification, fails to provide the missing information or supporting documentation, including payment of the required fee, within 30 days of such notice, the application shall be considered incomplete.

(d) If the missing information or supporting documentation, including payment of the required fee, is not received within 6 months of the notice, the application shall be considered closed, and that applicant may reapply by re-submitting all required application materials, including the required fee(s), anew.

(e) The department shall approve an applicant as a qualifying patient if the department determines that:

(1) The applicant has submitted to the department a complete application and the required supporting documentation in accordance with He-C 401.04;

(2) The applicant is a resident of New Hampshire;

(3) The applicant’s provider has completed a written certification that meets the requirements of He-C 401.07 and has certified that the applicant has a qualifying medical condition which meets the definition in He-C 401.02(j);

(4) All information submitted is accurate;

(5) No basis for denial, as established in He-C 401.12(a), exists;

(6) In the case of a minor patient, all requirements in He-C 401.08 have been met; and

(7) In the case of an adult patient with guardian(s), all requirements in He-C 401.09 have been met.

(f) The department shall approve an applicant as a designated caregiver if the department determines that:

(1) The applicant has submitted to the department a complete application and required supporting documentation in accordance with He-C 401.05;

(2) The applicant is at least 21 years old;

(3) The qualifying patient(s) listed on the caregiver application has designated the caregiver applicant as the qualifying patient’s caregiver;

(4) The number of qualifying patients listed on the caregiver application does not exceed 5, except that additional qualifying patients shall be allowed, up to a maximum of 9, if both the designated caregiver and the additional qualifying patients each live greater than 50 miles from the nearest ATC;

(5) All information submitted is accurate; and

(6) No basis for denial, as established in He-C 401.12(a), exists.

(g) Pursuant to RSA 126-X:4, III, the department shall act on a complete application, including all supporting documentation and the required fee, for either a qualifying patient or a designated caregiver within 15 calendar days of its receipt. This timeframe shall not apply to applications that are determined to be incomplete.

(h) Within 5 calendar days of the determination to approve an application for either a qualifying patient or a designated caregiver, the department shall issue to the applicant a registry identification card.

(i) The department shall send notice of the qualifying patient’s approval to the patient’s certifying provider, including:

(1) The expiration date of the patient’s registry identification card; and

(2) Information about providing recommendations or instructions to ATCs regarding the patient’s therapeutic use of cannabis, described in He-C 401.06(b)(11).

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

N.H. Code Admin. R. Ann. He-C 401.11 Registry Identification Card Expirations, Exceptions, and Procedures for Renewals {#sec-he-c-401.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.11}

(a) A registry identification card shall be valid on its effective date and expire one year later on the last day of the month it was issued unless a shorter or longer duration is established in accordance with (d) below.

(b) To renew a registry identification card and prevent a possible lapse in registration, each qualifying patient and designated caregiver shall complete and submit to the department application materials pursuant to He-C 401.04, He-C 401.05, He-C 401.08, or He-C 401.09 at least 30 days prior to the expiration of their current registry identification card, except that:

(1) For qualifying patients who have not changed their mailing address or physical address, proof of NH residency required by He-C 401.04(b)(3) shall not be required; and

(2) For qualifying patients who have guardians, guardianship documentation required by He-C 401.08(e)(4) and 401.09(e)(4) shall not be required, regardless of any lapse in registration, unless there has been a change in guardianship.

(c) Applications for renewal shall be processed and registry identification cards shall be issued in accordance with He-C 401.10.

(d) Exceptions to (a) above shall be as follows:

(1) If the qualifying patient’s certifying provider indicates on the written certification that the certification should be valid for a shorter or longer duration, then the registry identification cards for the qualifying patient and the patient’s designated caregiver, if applicable, shall be valid for the shorter or longer duration indicated, not to exceed 3 years, subject to extension in accordance with He-C 401.06(h);

(2) If the qualifying patient’s certifying provider rescinds or otherwise withdraws the patient’s written certification pursuant to He-C 401.06(f) and (g), the registry identification card shall become void upon notification by the department to the qualifying patient;

(3) A designated caregiver’s registry identification card shall be deactivated upon notification by the department to the designated caregiver that all the qualifying patients for whom the individual is acting as designated caregiver either have lost their status as qualifying patients or have rescinded or otherwise ended the designation, subject to reactivation in accordance with He-C 401.13(k); and

(4) If an applicant’s payment is returned for insufficient funds, and the applicant does not remit full payment in accordance with RSA 6:11-a within 10 days of the department’s written notice:

a. The registry identification card shall be deactivated, subject to reactivation upon receipt of full payment within 6 months of the notice; and

b. After 6 months, the case shall be considered closed, and that applicant may reapply by submitting all required application materials, including the required fees.

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; amd by #10964, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

N.H. Code Admin. R. Ann. He-C 401.12 Denial of an Application, Enforcement Actions, and Administrative Appeals {#sec-he-c-401.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.12}

(a) The department shall deny an initial or renewal application for a registry identification card if:

(1) The applicant previously had a registry identification card revoked for violating the provisions of RSA 126-X or He-C 401;

(2) The department determines that the information provided in the application or supporting material was misleading, false, or fraudulent;

(3) The applicant previously had a registry identification card denied for providing in the application or supporting material information that was determined to be misleading, false, or fraudulent;

(4) The department determines that the information provided in the application or supporting documentation did not meet the requirements of RSA 126-X or He-C 401;

(5) A minor applicant’s custodial parent or legal guardian is not approved to be a designated caregiver, except that if both parents are listed on the minor patient application as designated caregivers, and only one designated caregiver applicant is denied, the minor patient’s application to be a qualifying patient shall not be denied; or

(6) A legal guardian of an adult applicant with a guardian is not approved to be a designated caregiver, except that if co-guardians are listed on the adult guardianship application as designated caregivers, and only one designated caregiver applicant is denied, the patient’s application to be a qualifying patient shall not be denied.

(b) The department shall revoke a qualifying patient or designated caregiver’s registry identification card for any of the following:

(1) Violation of any provision of RSA 126-X or He-C 401;

(2) Submission of misleading, false, or fraudulent information in the application or supporting documentation;

(3) Fraudulent use of a registry identification card;

(4) Selling, distributing, or giving cannabis to any unauthorized person;

(5) Tampering, falsifying, altering, modifying, duplicating, or allowing another person to use, tamper, falsify, alter, modify, or duplicate a registry identification card;

(6) A designated caregiver has been convicted of a felony in this or any other state;

(7) A qualifying patient or designated caregiver is an inmate at a correctional facility;

(8) A qualifying patient is no longer a resident of New Hampshire;

(9) A qualifying patient or designated caregiver obtained more than 2 ounces of cannabis from any alternative treatment center in any 10-day period, in violation of RSA 126-X:8, XIII(b), if:

a. The individual has been in violation more than 2 times in any 12-month period;

b. The individual has been issued written notice of each violation by the department and been given opportunity to respond in writing within 10 calendar days of the date of the notice; and

c. After the department reviews the response and any evidence submitted, does not void the violation via written notice to the individual;

(10) A qualifying patient used cannabis in a manner that puts others at risk of their health, safety, or welfare, or has failed to take reasonable precautions to avoid putting others at such risk; and

(11) A qualifying patient or designated caregiver produces cannabis concentrate using an extraction method that is prohibited by He-C 401.18.

(c) The department shall deny the extension of a written certification if any of the requirements for requesting an extension in He-C 401.06(h)-(i) are not met.

(d) At the time of denying an application for a registry identification card, revoking a registry identification card, or denying an extension of a written certification, the department shall send to the applicant or cardholder written notice that sets forth:

(1) The action to be taken by the department;

(2) The reason(s) for the action; and

(3) The right of an applicant or cardholder to a hearing in accordance with He-C 200 before the enforcement action becomes final.

(e) An applicant or cardholder shall have 30 days from the date of the notice of the enforcement action to request a hearing to contest the action.

(f) If a request for a hearing is not made pursuant to (e) above, the applicant or cardholder shall be deemed to have waived their right to a hearing.

(g) Hearings under this section shall be conducted in accordance with He-C 200.

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; amd by #10964, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

N.H. Code Admin. R. Ann. He-C 401.13 Requirements for Notifications {#sec-he-c-401.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.13}

(a) A qualifying patient shall notify the department in writing of any of the following:

(1) A change to the qualifying patient’s name or address, within 10 days of such change;

(2) The designation of a caregiver if the patient has not already done so on an initial or renewal application, the removal of a designated caregiver, or both; or

(3) A registry identification card has been lost, stolen, or destroyed, within 10 days of the discovery of the loss, theft, or destruction.

(b) A designated caregiver shall notify the department in writing of any of the following:

(1) A change to the designated caregiver’s name or address, within 10 days of such change;

(2) A change to the designated caregiver’s qualifying patient(s);

(3) A registry identification card has been lost, stolen, or destroyed, within 10 days of the discovery of the loss, theft, or destruction; or

(4) Immediately upon being convicted of a felony in this or any other state.

(c) The notifications in (a)(1), (3), and (4) and (b)(1) and (3) above may be on a “Change of Information / Lost Card” form, which shall include the following information:

(1) Name, date of birth, and phone number;

(2) Registry identification card number, if known;

(3) For a name or address change, the new name, address, or both; and

(4) For a replacement registry identification card, indication that a registry identification card has been lost, stolen, or destroyed, and the submission of the required fee pursuant to He-C 401.14(b)(4).

(d) The notifications in (a)(2) and (b)(2) above may be on a “Caregiver Designation / Removal” form, which shall include the following information, as applicable:

(1) To be completed by the qualifying patient:

a. The qualifying patient’s name, date of birth, and registry identification card number;

b. The name of the person(s) being designated, removed, or both, as the qualifying patient’s designated caregiver; and

c. The qualifying patient’s dated signature; and

(2) To be completed by the designated caregiver:

a. The designated caregiver’s name and date of birth;

b. Acceptance of the designation to act as a caregiver for the qualifying patient listed in (1)a. above;

c. Indication that the caregiver is either:

Currently a designated caregiver, and the current registry identification card number; or
Not currently a designated caregiver, and that the individual understand that a separate and complete caregiver application must be submitted to the department;

d. Indication that the designated caregiver shall no longer serve as designated caregiver for the qualifying patient listed on the form; and

e. The designated caregiver’s dated signature.

(e) If a qualifying patient’s certifying provider provides written notice to the department pursuant to He-C 401.06(f) and (g) to rescind or otherwise withdraw a written certification which the provider previously issued, the qualifying patient’s:

(1) Application shall be considered incomplete if the registry identification card has not yet been issued, and the applicant shall be issued a refund of the application fee; or

(2) Registry identification card shall become void upon notification by the department to the qualifying patient.

(f) Upon learning of the death of a qualifying patient, a surviving family member, caretaker, executor, or the qualifying patient’s designated caregiver shall:

(1) Notify the department that the qualifying patient has died, within 5 days of the death; and

(2) Within 5 days of the death, dispose of any remaining cannabis by either:

a. Requesting a local law enforcement agency to remove the remaining cannabis; or

b. Mixing the remaining cannabis with other ingredients such as soil to render it unusable.

(g) As applicable, the department shall notify a qualifying patient or designated caregiver of any changes described in (a) through (f) above regarding their designated caregiver or qualifying patient, respectively.

(h) A new registry identification card shall be issued within 20 days for any change to a qualifying patient’s or designated caregiver’s name or address.

(i) If a qualifying patient or designated caregiver loses their registry identification card, whether due to loss, theft, or destruction:

(1) They shall notify the department in writing within 10 days of losing the card;

(2) They shall submit payment of a fee pursuant to RSA 126-X:4, IX(f), and He-C 401.14(b)(4) if they want a replacement card; and

(3) Within 5 days of such notification and payment, the department shall issue a new registry identification card.

(j) A designated caregiver’s registry identification card shall become void upon notification by the department to the designated caregiver that all the qualifying patients for whom the individual is acting as designated caregiver either have lost their status as qualifying patients or have rescinded or otherwise ended the designation.

(k) A voided registry identification card in (j) above shall be reactivated if a new qualifying patient designates the caregiver, and the designated caregiver accepts that designation, within the designated caregiver’s current registration period.

(l) A registry identification card that is outdated, has expired, has been voided, except in the case of (j) above, or has been revoked shall be destroyed by the cardholder.

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; amd by #10964, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

N.H. Code Admin. R. Ann. He-C 401.14 Schedule and Payment of Fees {#sec-he-c-401.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.14}

(a) All fees required by this section shall be paid as follows:

(1) By check or money order for the exact amount of the fee or fine made payable to “Treasurer – State of New Hampshire”;

(2) A money order or certified check shall be required when payment has been made to the department by check, and such check was returned for insufficient funds; and

(3) Any payment submitted to the department in the form of a check or money order and returned to the state for any reason shall be processed in accordance with RSA 6:11-a.

(b) The department shall charge the following fee amounts:

(1) For a qualifying patient’s initial and renewal application, as required by He-C 401.04(b)(2), the fee shall be $50;

(2) For an initial or renewal application for a minor patient, as required by He-C 401.08(e)(3), the fee shall be $50, even if there are 2 designated caregiver applicants;

(3) For an initial or renewal application for a guardianship patient, as required by He-C 401.09(e)(3), the fee shall be $50, even if there are 2 designated caregiver applicants; and

(4) For issuance of a replacement registry identification card due to loss, theft, or destruction, pursuant to He-C 401.13(i), the fee shall be $10.

(d) In the case of (b)(2) and (b)(3) above, there shall be no additional fee if the second designated caregiver is added after the patient has been approved and been issued a registry identification card.

(e) All fees shall be non-refundable.

(f) Notwithstanding (e) above, the department shall issue a refund of an application fee if:

(1) Informed that the patient applicant has died before the registry identification card has been issued; or

(2) A written certification is withdrawn by the certifying provider in accordance with He-C 401.13(e) before the registry identification card has been issued.

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401)

N.H. Code Admin. R. Ann. He-C 401.15 Confidentiality {#sec-he-c-401.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.15}

(a) The department shall maintain the confidentiality of all information about applicants, qualifying patients, designated caregivers, certifying providers, and ATCs that is contained in the department’s registry, as provided by RSA 126-X, He-C 400, and the Health Insurance Portability and Accountability Act (HIPAA) at 45 CFR 160, 162 and 164, as applicable.

(b) Notwithstanding (a) above, information in (a) above shall be used and disclosed by the department to:

(1) Authorized employees of the department in the course of their official duties;

(2) An individual or entity pursuant to an order from a court of competent jurisdiction;

(3) Law enforcement personnel in accordance with RSA 126-X:4, XI(b)(1)-(3), but such information shall be limited to:

a. The location associated with a qualifying patient, designated caregiver, or ATC; and

b. Whether a person is a qualifying patient or a designated caregiver;

(4) Law enforcement personnel in accordance with RSA 126-X:4, XI(b)(5), regarding information related to falsified or fraudulent information submitted to the department where counsel has made a legal determination that there is reason to believe the information is false or falsified;

(5) The NH board of medicine, the NH board of nursing, or the appropriate regulatory entity in Maine, Massachusetts, or Vermont, pursuant to RSA 126-X:4, VII(c), and RSA 126-X:2, VIII, but such information shall be related to the conveyance of concerns regarding provider conduct;

(6) The health and human services oversight committee established under RSA 126-X:13, to the NH board of medicine, and the NH board of nursing in the department’s annual data report required by RSA 126-X:10, except that only deidentified, aggregate data required by RSA 126-X:10, IV, shall be released;

(7) To a qualifying patient, a qualifying patient’s certifying provider, or a qualifying patient’s designated caregiver for the purposes of carrying out these rules;

(8) To an individual or entity pursuant to a release signed by the qualifying patient, designated caregiver, certifying provider, or authorized ATC agent; and

(9) Individuals or entities for the purposes of public health, health care operations, or research if such release is consistent with all applicable HIPAA standards, pursuant to RSA 126-X:10, VI.

(c) In order for information to be disclosed to law enforcement personnel in accordance with (b)(3) above, the following shall have occurred:

(1) Local or state law enforcement personnel shall have detained or arrested an individual who claims to be engaged in the therapeutic use of cannabis;

(2) A local or state law enforcement officer shall have submitted a sworn affidavit to the department affirming that they have probable cause to believe cannabis is possessed at a specific address; or

(3) A local or state law enforcement officer shall have submitted a sworn affidavit to the department affirming that they have probable cause to believe a specific individual possesses cannabis, and has also provided the person’s name and address or name and date of birth.

(d) The department shall maintain the confidentiality of all criminal history records information it has received.

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

N.H. Code Admin. R. Ann. He-C 401.16 Visiting Qualifying Patients {#sec-he-c-401.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.16}

(a) For a visiting qualifying patient, “provider” means, pursuant to RSA 126-X:1, VII(b), “an individual licensed to prescribe drugs to humans in the state of the patient’s residence and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances.”

(b) Pursuant to RSA 126-X:2, V, a valid registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada, that allows, in the jurisdiction of issuance, a visiting qualifying patient to possess cannabis for therapeutic purposes, shall have the same force and effect and be subject to the same restrictions as a valid registry identification card issued by the department in this state, provided that a visiting qualifying patient shall not cultivate cannabis in New Hampshire or obtain or purchase cannabis from a New Hampshire qualifying patient or designated caregiver.

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401): ss by #13673-A, eff 6-26-23; ss by #14386, eff 10-1-25, EXPIRES: 10-1-35

N.H. Code Admin. R. Ann. He-C 401.17 Waivers {#sec-he-c-401.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.17}

(a) An individual seeking waivers of specific rules in He-C 401 shall submit a written request for a waiver to the department that includes:

(1) The specific reference to the rule for which a waiver is being sought;

(2) A full explanation of why a waiver is necessary;

(3) A full explanation of alternatives proposed, which shall be equally as protective of public and patient health and safety as the rule from which a waiver is sought; and

(4) The period of time for which the waiver is sought.

(b) Waivers shall not exceed 12 months, or the current registry identification card expiration date.

(c) A request for waiver shall be granted if the department determines that the alternative proposed by the applicant or licensee:

(1) Meets the objective or intent of the rule for which the waiver is sought; and

(2) Does not negatively impact the health or safety of any qualifying patient or the public.

(d) The individual’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.

(e) No provision or procedure prescribed by statute shall be waived.

History

(See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401)

N.H. Code Admin. R. Ann. He-C 401.18 Production of Cannabis-Infused Products {#sec-he-c-401.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 401.18}

A qualifying patient or designated caregiver may produce cannabis concentrate only through either a food or water-based extraction method. All other extraction methods shall be prohibited.

History

(See Revision Note #1 at part heading for He-C 401) #10964, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401)

Part He-C 402 Alternative Treatment Centers

N.H. Code Admin. R. Ann. He-C 402.01 Purpose {#sec-he-c-402.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.01}

The purpose of this part is to set forth the registration requirements for alternative treatment centers (ATCs) pursuant to RSA 126-X.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.02 Scope {#sec-he-c-402.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.02}

This part shall relate to the application, registration, and operation of ATCs and related matters pursuant to RSA 126-X.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.03 Definitions {#sec-he-c-402.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.03}

(a) “Administrative remedy” means an action imposed upon an ATC in response to an area of noncompliance.

(b) “Administrator” means the individual appointed by the ATC to be responsible for all aspects of the daily operation of the registered premises.

(c) “Advertising” means all representations disseminated in any manner or by any means, other than by labeling or as allowed in He-C 402.23, for the purpose of inducing, directly or indirectly, the purchase of cannabis or cannabis-infused products (CIP).

(d) “Alternative treatment center (ATC)” means “alternative treatment center” as defined in RSA 126-X:1, I, namely, “a not-for-profit entity registered under RSA 126-X:7 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, and dispenses cannabis, and related supplies and educational materials, to qualifying patients, designated caregivers, other alternative treatment centers, and visiting qualifying patients.” For the purpose of this definition, “not-for-profit” means a corporation that is registered with the NH secretary of state under RSA 292 and is a charitable trust pursuant to RSA 7:19 et seq for the benefit of qualifying patients.

(e) “Applicant” means a not-for-profit corporation seeking a registration to operate an ATC pursuant to RSA 126-X.

(f) “Area of noncompliance” means any action, failure to act, or other set of circumstances that causes an ATC to be out of compliance with RSA 126-X, He-C 402, or other state law or local ordinance.

(g) “ATC agent (agent)” means “alternative treatment center agent” as defined in RSA 126-X:1, II, namely, “a principal officer, board member, employee, manager, or volunteer of an alternative treatment center who is 21 years of age or older and has not been convicted of a felony or any felony drug-related offense.” This term includes executive employees and corporate officers.

(h) “ATC technician” means an employee of the ATC who has been trained to dispense cannabis to qualifying patients and their designated caregivers.

(i) “Batch number” means any distinct group of numbers, letters, or symbols, or any combination thereof, assigned to a specific harvest batch of cannabis or a specific batch of cannabis concentrate.

(j) “Cannabinoid profile” means the concentration, measured in percent by weight or volume, of tetrahydrocannabinol (THC), tetrahydrocannabinolic acid (THCA), tetrahydrocannabivarian (THCV), cannabichromene (CBC), cannabidiol (CBD), cannabidiolic acid (CBDA), cannabidivarin (CBDV), cannabigerol (CBG), and cannabinol (CBN) contained in the cannabis sample to be tested or saleable cannabis product.

(k) “Cannabis” means “cannabis” as defined in RSA 126-X:1, III, namely, “all parts of any plant of the Cannabis genus of plants, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. Such term shall not include the mature stalks of such plants, fiber produced from such stalks, oil, or cake made from the seeds of such plants, any other compound, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seeds of such plants which are incapable of germination. In this chapter, cannabis shall not include hemp grown, processed, marketed or sold under RSA 439-A.”

(l) “Cannabis concentrate” means any form of cannabinoid extracted from usable cannabis plant material using an extraction method, such as water, food, carbon dioxide, alcohol, or other chemical solvent as allowed by He-C 402.16(j)(1)c.

(m) “Cannabis-infused product (CIP)” means a product infused with cannabis that is intended for use or consumption, other than by smoking, including but not limited to edible or drinkable products, topicals, aerosols, oils, tinctures, and cannabis concentrate products prepared for dispensing. These products, when created or sold by an ATC, shall not be considered a food or a drug.

(n) “Cannabis waste” means:

(1) Any unusable cannabis, limited to the seeds, stems, and branches of the cannabis plant;

(2) Any usable, or previously or potentially usable, cannabis, cannabis concentrate, or CIP that is discarded, found to contain contaminants, or is otherwise recalled; and

(3) Any usable cannabis or CIP that is returned to the ATC for whatever reason.

(o) “Child-resistant” means packaging that is:

(1) Designed or constructed to be significantly difficult for children under 5 years of age to open and not difficult for adults to use properly;

(2) Opaque so that the product cannot be seen from outside the packaging; and

(3) Closable for any product intended for more than a single use or containing multiple servings.

(p) “Commissioner” means the commissioner of the New Hampshire department of health and human services, or his or her designee.

(q) “Compliance monitoring” means an on-site inspection of the registered premises by the department to monitor compliance with RSA 126-X or He-C 402, investigate a complaint, or verify the implementation of a plan of correction which addresses an area of noncompliance.

(r) “Contaminant” means mold, fungus, bacterial diseases, rot, pests, non-organic pesticides, mildew, mycotoxins, heavy metals, and any chemical listed in He-C 402.34, Table 402.3.

(s) “Cultivation” means a method or process of growing cannabis regardless of whether the growing medium is soil, soil-based, hydroponic, aeroponic, aquaponic, or other method.

(t) “Cultivation location’’ means a locked, indoor, and enclosed site under the control of an ATC where cannabis is cultivated and processed, and which is secured with one or more locks or other security devices in accordance with RSA 126-X and He-C 402.24, and which can be at a separate location from the dispensary location of the ATC.

(u) “Days” means calendar days unless otherwise specified in the rule.

(v) “Department” means the New Hampshire department of health and human services.

(w) “Designated caregiver’’ means “designated caregiver” as defined in RSA 126-X:1, VI, namely, “an individual who:

(1) Is at least 21 years of age;

(2) Has agreed to assist with one or more (not to exceed 5) qualifying patient’s therapeutic use of cannabis, except if the qualifying patient and designated caregiver each live greater than 50 miles from the nearest ATC, in which case the designated caregiver may assist with the therapeutic use of cannabis for up to 9 qualifying patients;

(3) Has never been convicted of a felony or any felony drug-related offense; and

(4) Possesses a valid registry identification card issued pursuant to RSA 126-X:4.”

This term includes “caregiver.”

(x) “Directed plan of correction” means a plan developed and written by the department that specifies the actions the ATC shall take to correct identified areas of noncompliance.

(y) “Dispense” means to distribute, give away, or sell one or more doses of cannabis or CIP to a qualifying patient, designated caregiver, or visiting qualifying patient, to be administered or taken at a different location than the ATC.

(z) “Dispensing error” means an error related to the dispensing of cannabis including, but not limited to, dispensing a quantity of cannabis that exceeds the amount allowed to be obtained in a 10-day period, dispensing cannabis to a person who is not authorized to obtain cannabis in accordance with RSA 126-X, dispensing cannabis to the wrong qualifying patient or designated caregiver, or dispensing cannabis that is mislabeled.

(aa) “Diversion” means the obtaining or transferring of cannabis from a legal possession or use to an illegal use or to a person not authorized to use or obtain cannabis under RSA 126-X or He-C 401 or 402.

(ab) “Duress alarm” means a silent security alarm system signal generated by the entry of a designated code into an arming station in order to signal that the alarm user is being forced to turn off the system.

(ac) “Emergency plan” means a document outlining the responsibilities of ATC personnel in an emergency.

(ad) “Executive employee” means an individual who is responsible for the oversight or business management of the operations of the ATC, such as the chief executive officer (CEO) or executive director (ED), chief operations officer (COO) or director of operations, chief financial officer (CFO) or director of finance, administrator, director of human resources, chief medical officer, chief security officer, director of production or cultivation, director of retail or dispensing, and any other individual responsible for the oversight or business management of one or more of the ATC operations or primary functions.

(ae) “Geographic area” means an area of the state of New Hampshire designated for use in the request for application process to encourage the geographic separation of ATCs throughout the state, but which does not limit in any way the choice of a qualifying patient to register with any ATC, and includes:

(1) “Geographic area 1” means Belknap, Rockingham, and Strafford counties;

(2) “Geographic area 2” means Hillsborough and Merrimack counties;

(3) “Geographic area 3” means Cheshire and Sullivan counties, and the town of Hanover and the city of Lebanon in Grafton County; and

(4) “Geographic area 4” means Carroll, Coos, and Grafton counties, not including the town of Hanover and the city of Lebanon in Grafton County.

(af) “Harvest batch” means a specifically identified quantity of processed cannabis, every portion or package of which is uniform in strain, cultivated using the same herbicides, pesticides, and fungicides, and harvested at the same time.

(ag) “Holdup alarm” means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress.

(ah) “Inspection” means the process followed by the department to determine an applicant’s or an ATC’s compliance with RSA 126-X and He-C 402 or to respond to allegations of noncompliance with RSA 126-X or He-C 402.

(ai) “Known allergen” means milk, egg, fish, crustacean shellfish, tree nuts, wheat, peanuts, and soybeans.

(aj) “Limited access area” means a building, room, or other contiguous area of the registered premises where cannabis or CIP is grown, cultivated, stored, packaged, processed for sale, or disposed, where controls of such cultivation functions can be accessed, where security system equipment and recordings are located, where servers containing qualifying patient and inventory data are located, and where access is limited to authorized personnel to enhance security.

(ak) “Minor” means an individual who is under 18 years of age.

(al) “Panic alarm” means an audible security alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring a law enforcement response.

(am) “Paraphernalia” means accessories, devices, and other equipment, such as smoking pipes or vaporizers, that facilitate the therapeutic use of cannabis. This term includes “cannabis-related supplies.”

(an) “Plan of correction (POC)” means a plan developed and written by the ATC, which specifies the actions that will be taken to correct identified areas of noncompliance.

(ao) “Procedure” means an ATC’s written, standardized method of performing duties and providing services.

(ap) “Provider” means “provider” as defined in RSA 126-X:1 VII(a)-(b), namely:

(1) A physician licensed to prescribe drugs to humans under RSA 329 and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances;

(3) A physician or advanced practice registered nurse licensed to prescribe drugs to humans under the relevant state licensing laws in Maine, Massachusetts, or Vermont and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances and who is primarily responsible for the patient’s care related to his or her qualifying medical condition; or

(4) A physician assistant licensed pursuant to RSA 328-D and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances, with the express consent of the supervising physician.

(5) For a visiting qualifying patient, “provider” means an individual licensed to prescribe drugs to humans in the state of the patient’s residence and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances.”

(aq) “Qualifying medical condition” means “qualifying medical condition” as defined in RSA 126-X:1, IX.

(ar) “Qualifying patient” means “qualifying patient” as defined in RSA 126-X:1, X, namely “a resident of New Hampshire who has been diagnosed by a provider as having a qualifying medical condition and who possesses a valid registry identification card issued pursuant to RSA 126-X:4.” This term includes “patient.”

(as) “Registered premises” means the building(s), or portion thereof, that comprises the physical location(s) that the department has approved for the registered ATC to conduct operations in accordance with its registration to include the cultivation, processing, storage, and dispensing of cannabis, CIP, and the sale or provision of paraphernalia, cannabis-related supplies, and educational material.

(at) “Registration certificate” means the document issued to an applicant or registrant at the start of operation as an ATC, and annually thereafter, which authorizes operation in accordance with RSA 126-X and He-C 402, and includes the name of the ATC, the name of the business, the physical address of the dispensary location or the town or city of the cultivation location, the effective dates, the name of the ATC administrator, the registration number, and any waivers granted.

(au) “Registry identification card” means “registry identification card” as defined in RSA 126-X:1, XI, namely, “a document indicating the date issued, effective date, and expiration date by the department pursuant to RSA 126-X:4 that identifies an individual as a qualifying patient or a designated caregiver.” This term includes “registry ID card” used on department forms.

(av) “Reportable incident” means:

(1) Confidential information accessed or disclosed in violation RSA 126-X or He-C 402;

(2) Loss of or discrepancies in cannabis inventory including but not limited to theft or diversion;

(3) Unauthorized intrusion or entry into the registered premises;

(4) When there is reason to believe there is a violation of RSA 126-X or department rules by an ATC or its agents;

(5) Alarm activation requiring a response by public safety personnel;

(6) Failure of the security alarm system for a period greater than 8 hours;

(7) Any accident occurring during transport of cannabis or CIP;

(8) Dispensing errors;

(9) When a batch of cannabis flower or CIP is recalled or destroyed;

(10) When there is a power or internet outage which causes the ATC to be non-operational; or

(11) Any operationally related contact or encounter with a law enforcement officer at the registered premises, whether inside or outside, or when transporting cannabis.

(aw) “Seedling” means “seedling” as defined in RSA 126-X:1, XII, namely, “a cannabis plant that has no flowers and is less than 12 inches in height and less than 12 inches in diameter.”

(ax) “Statement of findings” means a document issued by the department following an inspection or investigation identifying areas in which the ATC is not in compliance with He-C 402 or RSA 126-X and which sets forth the evidence that supports the findings of noncompliance.

(ay) “Therapeutic use” means “therapeutic use” as defined in RSA 126-X:1, XIII, namely, “the acquisition, possession, cultivation, preparation, use, delivery, transfer, or transportation of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a qualifying patient’s qualifying medical condition or symptoms or results of treatment associated with the qualifying patient’s qualifying medical condition. It shall not include:

(1) The use of cannabis by a designated caregiver who is not a qualifying patient; or

(2) Cultivation or purchase by a visiting qualifying patient from a qualifying patient or designated caregiver; or

(3) Cultivation by a designated caregiver or qualifying patient.”

(az) “Unusable cannabis” means “unusable cannabis” as defined in RSA 126-X:1, XIV, namely, “any cannabis, other than usable cannabis, including the seeds, stalks, and roots of the plant.”

(ba) “Usable cannabis” means “usable cannabis” as defined in RSA 126-X:1, XV, namely, “the dried leaves and flowers of the cannabis plant and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant and does not include the weight of any non-cannabis ingredients combined with cannabis and prepared for consumption as food or drink.”

(bb) “Use in adolescence” means “use in adolescence” as defined in RSA 126-X:XV-a, namely, “the therapeutic use of cannabis by any person whose age is within the generally accepted medical and psychiatric definition of an adolescent as ranging in age from 12-25 years old, as well as by individuals younger in age.”

(bc) “Visiting qualifying patient” means “visiting qualifying patient” as defined in RSA 126-X:1, XVI, namely, “a person who is not a resident of New Hampshire, or who has been a resident of New Hampshire for fewer than 90 days, who has been issued a valid registry identification card, or its equivalent, under the laws of another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada, that allows, in the jurisdiction of issuance, that person to possess cannabis for therapeutic purposes.”

(bd) “Written certification” means “written certification” as defined in RSA 126-X:1, XVII, namely, “documentation of a qualifying medical condition by a provider pursuant to rules adopted by the department pursuant to RSA 541-A for the purpose of issuing registry identification cards, after having completed a full assessment of the patient’s medical history and current medical condition made in the course of a provider-patient relationship.”

History

#10731, eff 11-25-14; amd by #10961, eff 10-23-15; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

N.H. Code Admin. R. Ann. He-C 402.04 Fees {#sec-he-c-402.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.04}

(a) Each ATC shall be assessed a fee for its allocated portion of the expenses of the program, as follows:

(1) The department shall determine actual program expenses for the previous state fiscal year (SFY);

(2) The department shall determine the actual allocation of program expenses based on each ATC’s percentage of the total quantity of ounces of usable cannabis dispensed from the previous SFY;

(3) The department shall determine the prior year adjustment for each ATC based on (1) and (2) above;

(4) The department shall determine projected program expenses for the next SFY, including expenses for personnel and other expenses related to the administration of the program, minus the projected revenue to be received as application fees from qualifying patients and designated caregivers;

(5) The department shall add to the projected program expenses in (4) above any remaining balance of program expenses from the prior SFY to determine the balance due to the department; and

(6) The total balance due in (5) above shall be allocated among each of the 4 ATCs based on each ATC’s percentage of the total quantity of ounces of usable cannabis projected to be dispensed in the upcoming SFY and after applying the prior year adjustment for each ATC.

(b) Each ATC shall pay to the department the allocated amount in (a)(6) above within 30 days of the department’s notice stating the balance due.

(c) If a new ATC joins the program during a SFY, the department shall recalculate the allocation among all the ATCs for that SFY.

(d) All fees shall be non-refundable and non-transferable.

(e) All fees shall be made payable to the “Treasurer, State of New Hampshire.”

(f) Any fees submitted to the department in the form of a check or money order and returned to the state for any reason, shall be processed in accordance with RSA 6:11-a.

(g) Other fees for ATCs shall be as follows:

(1) The request for application (RFA) submission fee shall be $3000;

(2) The RFA selection fee, which will be credited to the new ATC as part of the allocation described in (c) above, shall be $20,000;

(3) For a change in name, the fee shall be $250;

(4) For a change in administrator, the fee shall be $250; and

(5) For a change in location, the fee shall be $30,000.

(h) All funds received under this section shall be deposited to the non-lapsing registry identification card and certificate account established pursuant to RSA 126-X:11.

History

#10731, eff 11-25-14; ss by #12076, eff 1-1-17; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.05 Registration of ATCs {#sec-he-c-402.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.05}

(a) Only an ATC that is currently registered by the department and has been issued a registration certificate may cultivate and dispense cannabis or CIP to qualifying patients and designated caregivers who have been issued a registry identification card from the department. However, an entity that has been issued a conditional registration certificate in accordance with (i) below may perform all operations described in He-C 402 appropriate for that location, in anticipation that the entity will become fully operational.

(b) Each ATC selected as part of the RFA process shall provide to the department the fee of $20,000 in accordance with He-C 402.04(g)(2) within 10 days of the department’s notice that the entity has been selected. Failure to provide the fee within the required timeframe shall result in forfeiture of the selection and shall prevent the entity from submitting an application in (c) below.

(c) Each ATC selected as part of the RFA process shall submit the following to the department within 90 days of the department’s notice that the entity has been selected:

(1) A completed application:

a. Signed by the applicant or 2 of the corporate officers affirming the following:

“I affirm that I have read and understand the requirements of RSA 126-X and the rules adopted thereunder and that the premises are in compliance with that statute and rule. I understand that providing false or misleading information shall be grounds for denial, suspension, or revocation of the registration and the imposition of a fine.”; and

b. Containing the following information:

The name of the ATC;
The physical address of the ATC and, if applicable, the physical address of a second location for cultivation and processing operated by the ATC;
The mailing address of the ATC if different from the physical address;
The telephone number of the ATC;
The name of the ATC’s administrator; and
The email address for the ATC’s administrator, and for the ATC if different;

(2) A “Certificate of Good Standing” issued by the NH secretary of state authorizing the ATC to do business as a not-for-profit corporation in the state of New Hampshire;

(3) Proof of registration with the NH attorney general’s office as a charitable trust under RSA 7:19 et seq for the benefit of qualifying patients;

(4) A copy of the ATC’s articles of agreement;

(5) A copy of the ATC’s bylaws;

(6) A statement detailing any instances in which a prospective board member, corporate officer, or executive employee who previously ran a business or managed or sat on the board of directors of a corporation was convicted, fined, censured, or had a registration, certification, or license suspended or revoked in any administrative or judicial proceeding, or any instances in which the business or corporation itself was subject to such an action, if this information was not included in the RFA application;

(7) A floor plan of the prospective ATC, to include a complete description and layout of the indoor, enclosed, locked facility, in which all limited access areas are clearly indicated in the diagram of the registered premises, reflecting walls, partitions, counters, and all areas of entry and exit. Said diagram shall also show all propagation, vegetation, flowering, processing, production, storage, disposal, and retail sales areas;

(8) An organization chart indicating ATC board members, executive employees, and corporate officers. The chart shall contain, or be accompanied by a list of, the names of the individuals occupying these positions;

(9) Resumes for the ATC board members, executive employees, and corporate officers;

(10) The name, address, and date of birth of each executive employee, corporate officer, and member of the board of directors of the ATC, if the resumes in (9) above do not contain this information;

(11) Written local approvals as follows:

a. For an existing building, the following written local approvals shall be obtained no more than 90 days prior to submission of the application, from the following local officials or if there is no such official(s), from the board of selectmen or mayor:

The health officer verifying that the applicant complies with all applicable local health requirements, drinking water and wastewater requirements;
The building official verifying that the applicant complies with all applicable state building codes and local building ordinances;
The zoning official verifying that the applicant complies with all applicable local zoning ordinances; and
The fire chief verifying that the applicant complies with Saf-C 6000, the state fire code, including, but not limited to, the applicable chapter of National Fire Protection Association (NFPA) 101, as adopted by the commissioner of the department of safety under RSA 153, and as amended pursuant to RSA 153:5, I, by the state fire marshal with the board of fire control, and local fire ordinances applicable for an agricultural processing and retail sales facility; or

b. For a building under construction or undergoing renovation:

The local approvals of the construction or renovation plans; and
The final local approvals required by a. above shall be submitted upon completion of the construction or renovation project;

(12) The results of a federal and NH state criminal records check conducted by the NH department of safety for every corporate officer, board member, and executive employee pursuant to RSA 126-X:8, IV(a), and RSA 126-X:4, II-a;

(13) If the ATC uses a private water supply, documentation that the water supply has been tested in accordance with and meets the requirements of RSA 485 and Env-Dw 700, or if a public water supply is used, a copy of a water bill;

(14) The distance, in feet, from any pre-existing designated drug-free school zone located within 1320 feet of the registered premises;

(15) A list of all persons or entities not included in the RFA and having direct or indirect authority over the management or policies of the ATC, including the members of the not-for-profit corporation, and a list of all persons or entities contributing $5000 or more of the initial capital to operate an ATC, including capital that is in the form of land or buildings. Identify any conditions on such funds or property; and

(16) Documentation of liability insurance coverage in the amount of 2 million dollars.

(d) The applicant shall mail or hand-deliver the documents in (c) above to:

Department of Health and Human Services

Therapeutic Cannabis Program

29 Hazen Drive

Concord, NH 03301

(e) An application for an initial registration shall be complete when the department determines that all items required by (c) above have been received.

(f) If an application does not contain all of the items required by (c) above, the department shall notify the applicant in writing of the items required before the application can be processed.

(g) The department shall deny a registration certificate request in accordance with RSA 126-X:8,V, after reviewing the information in (c)(12) above if it determines that a corporate officer, a board member, or executive employee has been convicted of a felony in this or any other state.

(h) Following an inspection, a notice of registration approval shall be issued if the department determines that an applicant requesting an initial registration is in full compliance with RSA 126-X and He-C 402, including payment of all applicable fees.

(i) Notwithstanding (h) above, if an entity intends to have a cultivation location separate from its dispensing location, and if it completes construction of either location before it completes construction of the other location, the department shall issue a conditional registration certificate authorizing the entity to perform all operations described in He-C 402 applicable to that location, provided that:

(1) The entity has submitted an application for a registration certificate;

(2) The entity has paid all non-refundable fees required under He-C 402.04;

(3) The entity has received local approvals for the location required under He-C 402.05(c)(11); and

(4) The location has been inspected by the department and found to be in full compliance with RSA 126-X and these rules.

(j) If a conditional registration certificate is issued under (i) above, the entity shall not open its other location and until such time as the department has inspected the other location, found it to be in full compliance with RSA 126-X and these rules, and informed the entity in writing that it may open its other location.

(k) In the event that a conditional registration certificate is issued under (i) above and the entity does not subsequently open its dispensing location pursuant to RSA 126-X:7, VIII, any cannabis cultivated or CIP produced shall either be transferred or sold to another NH ATC or, if such sale or transfer is not possible, shall be considered waste and shall be destroyed and discarded as waste in accordance with He-C 402.22 under the supervision of the department.

History

#10731, eff 11-25-14; ss by #10961, eff 10-23-15; ss by #12076, eff 1-1-17; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.06 Renewal Requirements for ATCs {#sec-he-c-402.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.06}

(a) An ATC’s registration certificate shall be effective for one year and shall expire on June 30 of the following year unless a completed application for renewal is received prior to the expiration of the current registration.

(b) Each ATC shall complete and submit to the department the application described in He-C 402.05(c)(1) at least 120 days prior to the expiration of the current registration.

(1) The materials required by:

a. He-C 402.05(c)(3);

b. He-C 402.05(c)(4) and (5), if either has changed;

c. He-C 402.05(c)(6), for new board members, corporate officers, and executive employees, or new instances involving existing board members, corporate officers, and executive employees;

d. He-C 402.05(c)(7), if changed;

e. He-C 402.05(c)(8), if there are new board members, corporate officers, and executive employees, or if existing roles have changed;

f. He-C 402.05(c)(9), for new board members, corporate officers, and executive employees; and

g. He-C 402.05(c)(10), for new board members, corporate officers, and executive employees, or if existing information has changed;

(2) If the ATC uses a private water supply, documentation that the water supply has been annually tested in accordance with and meets the requirements of RSA 485 and Env-Dw 700;

(3) A request for renewal of any existing non-permanent waiver previously granted by the department, in accordance with He-C 402.26, if applicable; and

(4) A copy of any existing, non-permanent variances and any new variances applied for or granted by the state fire marshal, in accordance with Saf-C 6005.03 and Saf-C 6005.04.

(d) Following an inspection as described in He-C 402.28, a registration certificate shall be issued if the department determines that the ATC:

(1) Submitted an application containing all the items required by (c) above as applicable, prior to the expiration of the current registration;

(2) Has submitted a POC that has been accepted by the department and implemented by the ATC if areas of noncompliance were cited at the last inspection or investigation; and

(3) Is in compliance with RSA 126-X and He-C 402.

History

#10731, eff 11-25-14; amd by #10961, eff 10-23-15; ss by #12076, eff 1-1-17; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.07 Requirements for Organizational or Service Changes {#sec-he-c-402.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.07}

(a) The ATC shall provide the department with written notice at least 30 days prior to changes in mailing address or name.

(b) When there is a change in the name, the ATC shall submit to the department a copy of the certificate of amendment from the New Hampshire secretary of state, if applicable.

(c) In the case of a change in physical location, at least 90 days prior to the move, an ATC shall submit the information required by He-C 402.05(c)(1), (6), (7), (11), (13), and (14) for the new location, and a new registration certificate shall be issued by the department in accordance with He-C 402.05(h). An ATC shall not open at the new location until final approval is provided by the department.

(d) In the case of a change in physical location, the current registration certificate shall expire and a new registration certificate shall be issued for the new location by the department which shall be valid until the expiration date of the prior registration certificate.

(e) An inspection by the department shall be conducted in accordance with He-C 402.28 prior to operation for changes in the physical location of the ATC.

(f) A change of ownership of the ATC shall not be allowed.

(g) The ATC shall notify the department whenever there is a proposed change in corporate officers, board members, or executive employees.

(h) The results of a federal and NH state criminal records check shall be submitted to the department for any change in corporate officers, board members, or executive employees of an ATC.

(i) The ATC shall inform the department in writing with 30 days advance notice, or as soon as practicable in the event of a death or other extenuating circumstances which would make impossible such notice, when there is a change in administrator and provide the department with the following:

(1) A resume identifying the name and qualifications of the new administrator; and

(2) The results of a criminal records check from the NH department of safety for the new administrator.

(j) The name of the new administrator shall be subject to public disclosure upon the effective date of the change, but the information contained in (i)(1)-(2) above shall remain confidential.

(k) A revised registration certificate shall be issued for changes in the ATC name, location, administrator, mailing address, or when a waiver is granted.

(l) The ATC shall notify the department at least 90 days in advance of any renovations or new construction that alter the floor plan of the registered premises.

(m) Renovations or new construction at the ATC shall comply with all local and state building and fire codes based on the intended use of the registered premises.

(n) Local approvals shall be required for the fire department, building code enforcement, and zoning for all renovations and new construction at the ATC.

(o) An inspection by the department shall be conducted in accordance with He-C 402.28 prior to operation for all renovations and new construction at the ATC.

(p) An ATC shall provide notice of closure or cessation of services as follows:

(1) Written notice shall be provided to the department, and to all qualifying patients and designated caregivers registered with the ATC, no later than 60 days prior to the intended closure;

(2) Written notice provided to qualifying patients and designated caregivers shall be mailed in non-descript envelopes that do not identify the ATC in any way; and

(3) Notice of the closure shall be prominently posted in the ATC.

History

#10731, eff 11-25-14; amd by #10961, eff 10-23-15; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.08 Prohibitions {#sec-he-c-402.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.08}

(a) An ATC shall not dispense or otherwise transfer cannabis to a person other than a registered qualifying patient or his or her designated caregiver, or a visiting qualifying patient, except that it may acquire cannabis from or sell cannabis to another New Hampshire ATC as allowed by RSA 126-X:8, XV(b)(3), and pursuant to He-C 402.

(b) Only an ATC technician shall dispense cannabis, CIP, paraphernalia, or cannabis-related supplies.

(d) No ATC agent shall sell anything other than cannabis, CIP, paraphernalia, cannabis-related supplies, and educational materials about cannabis.

(e) No ATC or ATC agent shall violate the confidentiality provisions of He-C 402.25.

(f) No cannabis or CIP shall be consumed on the registered premises or grounds of the ATC, except as allowed by He-C 402.09(b)(12).

(g) An ATC shall not dispense cannabis or CIP unless labeled and packaged in accordance with He-C 402.19.

(h) No ATC technician, employee, or agent shall make home deliveries of cannabis, CIP, paraphernalia, or cannabis-related supplies, except if the ATC agent is a qualifying patient’s designated caregiver, or dispense such products anywhere except at the ATC dispensary location.

(i) An ATC shall not adulterate cannabis or CIP, including with drugs or medication, alcohol, psychoactive additives, or illicit substances, except that alcohol that is used in the extraction process to create a cannabis concentrate may be present in CIP in accordance with He-C 402.16(j)(5)l.

(j) The ATC shall not advertise their products or services in a manner prohibited by He-C 402.23.

(k) ATC agents shall not falsify any documentation required by rule or law or provide false or misleading information to the department or to the public.

(l) No ATC agent or persons connected to an ATC shall:

(1) Accept or solicit any form of pecuniary remuneration from a provider, or offer any form of pecuniary remuneration to a provider except if the provider is employed by the ATC and the provider does not issue written certifications to patients;

(2) Offer a discount or other thing of value to a patient who uses or agrees to use a particular provider;

(3) Permit a provider to examine a patient in relation to issuing a written certification at a location where cannabis is sold or distributed; or

(4) Provide an economic benefit to a provider who issues written certifications to patients.

(m) The prohibitions in (l) above shall not be construed to prohibit an ATC from providing information to potentially qualifying patients about providers in the community who may issue written certifications, provided, however, that the prohibitions in (l) above are not violated.

(n) No ATC shall be located in a zoned residential district or within a pre-existing drug-free school zone.

History

#10731, eff 11-25-14; amd by #10961, eff 10-23-15; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

N.H. Code Admin. R. Ann. He-C 402.09 Policies and Procedures {#sec-he-c-402.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.09}

(a) Each ATC shall comply with all relevant state and local laws, rules, codes, and ordinances, as applicable.

(b) Each ATC shall develop and implement a set of detailed written operating procedures and policies governing the operation of the ATC, to include, but not be limited to, the following:

(1) Security measures in compliance with RSA 126-X, He-C 402.17(a), and He-C 402.24;

(2) Employee security policies, including personal safety and crime prevention techniques;

(3) A description of the ATC’s hours of operation and after-hours contact information, which is updated and provided to the department as changes occur, and made available to local law enforcement officials upon request;

(4) Storage of cannabis in compliance with He-C 402.17;

(5) Description of the various strains of cannabis to be cultivated and dispensed, and the types of CIP to be dispensed, subject to the following:

a. Descriptions shall also be categorized by relative cannabinoid concentration, for example, high and low THC and CBD strains and products; and

b. Commercial names of cannabis strains shall not be posted on an ATC’s social media site;

(6) Procedures to ensure accurate recordkeeping, including inventory protocols;

(7) Plans for quality control, including procedures to avoid contaminants in compliance with He-C 402.14 through He-C 402.18;

(8) Personnel policies which govern all ATC agents, including volunteers, and which comply with He-C 402.31, and personnel records which comply with He-C 402.32;

(9) A staffing plan that will ensure staffing that covers business hours and meets operational requirements in a manner that meets the needs of qualifying patients and designated caregivers;

(10) Emergency procedures, including a disaster plan, with procedures to be followed in case of fire or other emergencies, and a plan for continuing operations in the case of such an event;

(11) A mandatory policy that prohibits the consumption of alcohol, tobacco, and illicit drugs in the workplace;

(12) A policy on the possession and use of therapeutic cannabis at the workplace by ATC agents who are qualifying patients or designated caregivers which is consistent with the limitations established in RSA 126-X:3 or which may prohibit such possession and use;

(13) A plan describing how confidential information will be maintained and the method by which release of information from a qualifying patient’s record shall occur in accordance with He-C 402.25;

(14) A description of the ATC’s education activities in accordance with RSA 126-X and He-C 402.21;

(15) The procedures by which the ATC determines the price it charges for cannabis, CIP, paraphernalia, and cannabis-related supplies, and a record of the prices charged, which records shall be maintained as required by He-C 402.32(a);

(16) Written policies and procedures for the production and distribution of cannabis and CIP, which shall include but not be limited to:

a. Methods for identifying, recording, and reporting diversion, theft, or loss, and for correcting all errors and inaccuracies in inventories;

b. A procedure for handling voluntary and mandatory recalls of cannabis. Such procedure shall be adequate to deal with recalls due to any action initiated at the request or order of the department, and any voluntary action by an ATC to remove defective or potentially defective cannabis from the market, as well as any action undertaken to promote public health and safety;

c. A procedure for ensuring that any outdated, damaged, deteriorated, mislabeled, or contaminated cannabis is segregated from other cannabis and destroyed pursuant to He-C 402.22. This procedure shall provide for written documentation of the disposition of the cannabis; and

d. Policies and procedures for the transfer, acquisition, or sale of cannabis between ATCs;

(17) A policy for the discipline of ATC agents who engage in unsafe practices with regard to the operation of the ATC, including the immediate dismissal of any agent who diverts cannabis;

(18) The applicant’s plan for making cannabis, CIP, paraphernalia, and cannabis-related supplies available on an affordable basis to qualifying patients with verified financial hardship:

a. Which shall include qualifying patients enrolled in Medicaid or receiving Supplemental Security Income or Social Security Disability Insurance;

b. Which identifies the extent to which the plan includes other qualifying patients with verified financial hardship, and if so, the method by which financial hardship is determined;

c. Which shall include an alternate price list or percentage discount; and

d. Which shall not include an administrative fee for determining such hardship;

(19) A policy that requires ATC employees and volunteers to receive approval from the ATC’s administrator, or designee, to speak at independently sponsored events, to write articles for publication, or to otherwise engage in a public manner on the subject of therapeutic cannabis, and if such approval is granted, requires the ATC agent to disclose his or her employment or relationship with the ATC, and, as applicable, make clear that the event, presentation, or article is not one that is sponsored or sanctioned by the ATC and whether or not the person represents the ATC;

(20) Procedures for de-escalation of inappropriate behavior by a qualifying patient, designated caregiver, guest of a qualifying patient, or a visiting qualifying patient, up to and including when local law enforcement is to be contacted and when the individual is no longer permitted to be served by the ATC;

(21) Any rule in He-C 402 that requires a policy or procedure; and

(22) Policy and procedure review, including:

a. Reviewing all policies and procedures at least annually and documenting such review; and

b. Revising them as needed.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

N.H. Code Admin. R. Ann. He-C 402.10 Operational Requirements {#sec-he-c-402.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.10}

(a) An ATC shall be required to be a not-for-profit corporation registered under RSA 292 and in good standing with the NH secretary of state.

(b) An ATC shall operate on a not-for-profit basis as a charitable trust pursuant to RSA 7:19 et seq. for the benefit of qualifying patients.

(c) An ATC shall ensure that its property, real and personal, revenue, and expenses are managed and controlled in furtherance of its not-for-profit purpose and that the board and all persons delegated by the board to manage and control its property, real and personal, revenue, and expenses shall have a fiduciary duty to benefit its patients and further its not-for-profit purpose.

(d) All transactions, financial or otherwise, shall be consistent with the not-for-profit provisions of RSA 126-X and for the benefit of qualifying patients.

(e) An ATC shall have bylaws that, at a minimum, include:

(1) Mission or purpose;

(2) Criteria for, composition of, and terms of the board of directors, including that the board, pursuant to RSA 126-X:7, IV(a)(4):

a. Includes at least one physician, advance practice registered nurse, or pharmacist licensed to practice in New Hampshire, except that such medical professional shall not maintain an ownership interest in the ATC;

b. Includes at least one patient qualified to register as a qualifying patient; and

c. Consists of a majority of New Hampshire residents;

(3) Requirements for board meetings;

(4) Procedures for the selection and replacement of corporate officers, and their governance and duties;

(5) Provisions relative to dissolution of the not-for profit corporation’s assets, which shall ensure that they are treated in accord with its not-for-profit purpose and for the benefit of qualifying patients;

(6) A conflict of interest policy governing the board and corporate officers; and

(7) A financial policy governing financial transactions, that ensures they are in the corporation’s best interest and are consistent with the not-for-profit purpose of the corporation and RSA 7:19-a.

(f) The ATC’s dispensary locations shall be open for business for a sufficient number of hours to meet the needs of qualifying patients and designated caregivers, at a minimum of 20 hours per week. Such hours shall be posted at the ATC’s dispensary locations, published on the ATC’s website if the ATC maintains a website, and made available to local law enforcement officials upon request.

(g) The ATC shall ensure the presence of an ATC technician whenever a qualifying patient or designated caregiver is in the dispensing area.

(h) At no time shall there be fewer than 2 ATC agents at each location of the registered premises during all hours of operation, including when the ATC is open for business and whenever the ATC’s operations require agents to be present at the registered premises, except that an executive employee shall be allowed to be on-site at the registered premises, on a limited basis, for a specific identified need, with the approval of the administrator, and in accordance with the ATC’s written policy including documentation of such instances.

(i) An ATC shall have an identification system in place for all ATC agents that meets the requirements of He-C 402.31.

(j) An ATC shall limit access to the registered premises to only those persons authorized to have access in accordance with He-C 402.24.

(k) The ATC shall post the following documents as follows:

(1) At the dispensary location, the current registration certificate issued in accordance with RSA 126-X, all statements of findings issued by the department in the prior year for both the dispensary location and the cultivation location, and the hours of operation, in a public and conspicuous area; and

(2) At the cultivation location, the current registration certificate issued in accordance with RSA 126-X and all statements of findings issued by the department in the prior year, for both the dispensary location and the cultivation location, in a conspicuous area.

(l) The ATC shall immediately report the diversion, loss, or theft of any cannabis to the appropriate law enforcement authority and to the department.

(m) Any disciplinary action taken against an agent pursuant to He-C 402.09(b)(17) shall be reported to the department.

(n) An ATC shall submit an incident report to the department no later than the next business day after it discovers a reportable incident.

(o) Incident reports shall include the following:

(1) The ATC name and contact information;

(2) A description of the incident, including its cause, and identification of injuries, if applicable;

(3) The name(s) of agents or other persons involved in the incident, if applicable;

(4) The date and time of the incident;

(5) The action taken in direct response to the incident;

(6) The corrective action to be implemented and maintained to ensure that the incident does not recur, and the date by which the corrective action will be taken, as applicable;

(7) The identity of any law enforcement or emergency personnel contacted or allowed into the registered premises as a result of the incident; and

(8) The signature of the person reporting the incident.

(p) The ATC shall maintain a current database of qualifying patients and designated caregivers, which shall be updated to include:

(1) The list transmitted by the department on a daily, monthly, or as-needed basis to the ATC, which includes a list of the names, registry identification numbers, and contact information of qualifying patients and designated caregivers; and

(2) Any other updates provided by the department.

(q) The ATC shall submit an annual report to the department, not later than September 1, containing the following information for the previous state fiscal year ending on June 30:

(1) The strains of cannabis dispensed, which shall also be categorized by the concentration of cannabinoids based on the cannabinoid profile, for example, high and low THC and CBD strains, the forms of prepared cannabis dispensed, and the effectiveness, as reported by the qualifying patient or designated caregiver, of cannabis used;

(2) Satisfaction of qualifying patients with the ATC and with the therapeutic cannabis program in general, including information received from qualifying patients via a satisfaction survey administered by the ATC;

(3) Any product recalls and cannabis batches destroyed, including the date, amount, and reasons therefor;

(4) A description of the ATC efforts to educate qualifying patients and designated caregivers;

(5) The annual financial report of the ATC including:

a. The revenue received for the sale of cannabis by the form of cannabis, either flower or CIP, the type of CIP, and the category of cannabis based on the concentration of cannabinoids, for example, high and low THC and CBD strains; and

b. The expenditures, liabilities, and monetary reserves available;

(6) A report of the total number of qualifying patients, designated caregivers, and visiting qualifying patients served;

(7) A description of the ATC’s program for reduced cost for qualifying patients with documented financial hardship to include the number of qualifying patients eligible for the reduction, the amount of the reductions, and the total amount of the discounts provided;

(8) Information about security issues, including an aggregate report of all reportable incidents;

(9) Information about best practices, including any recommendations for program improvement;

(10) Information about any complaints received by the ATC from qualifying patients, designated caregivers, or the general public; and

(11) A description of the efforts and activities of the ATC that contribute to the ATC’s mission as a charitable trust to benefit qualifying patients.

(r) Within 10 days of filing the annual report required by RSA 7:28 with the office of the New Hampshire attorney general charitable trusts unit, the ATC shall file the report with the department.

History

#10731, eff 11-25-14; amd by #10961, eff 10-23-15; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

N.H. Code Admin. R. Ann. He-C 402.11 Acquisition and Transportation of Cannabis {#sec-he-c-402.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.11}

(a) An ATC may acquire cannabis and CIP from, or sell cannabis and CIP to, another New Hampshire ATC.

(b) Transportation of cannabis and CIP shall be permitted as follows:

(1) Between ATCs;

(2) From an ATC to a laboratory for testing;

(3) From an ATC to a waste disposal or compost site, except that the requirements in this section shall not apply to the transportation of cannabis waste rendered unusable in accordance with He-C 402.22; and

(4) To and from different locations of the registered ATC.

(d) An ATC shall create a transport manifest for each transportation event, to include:

(1) Departure date and time of departure;

(2) Name, location address, and registration certificate number of the originating ATC;

(3) Name, location address, and registration certificate number, as applicable, of the destination entity;

(4) Product type and quantity, in weight, of all product to be transported;

(5) Estimated time of arrival, which shall be the on same date as the product’s departure; and

(6) Name(s) of the ATC employee(s) transporting the product.

(e) The originating ATC shall transmit a copy of the transport manifest to the destination entity prior to transport.

(f) The transport manifest shall be signed and dated by an ATC authorized employee upon departure at the originating ATC, other than an employee providing transport, and by an authorized employee of the receiving entity upon arrival, other than an employee providing transport.

(g) The destination entity shall verify and document the type and quantity of the transported product against the transport manifest transmitted in (e) above and return a copy of the signed and verified transport manifest to the originating ATC.

(h) All cannabis and CIP transported shall be tracked as inventory in accordance with He-C 402.13.

(i) All cannabis and CIP transported shall be packaged in accordance with He-C 402.19(b)(5).

(j) All cannabis and CIP shall be transported in containers so as not to be visible or recognizable from outside the vehicle.

(k) All cannabis and CIP shall be transported in locked containers:

(1) Except that an ATC may choose instead to have 2 ATC employees conduct the transportation;

(2) Except when being transported between different ATCs, which shall require the transport to be conducted by 2 ATC employees; and

(3) Except when the cannabis sample is being transported for testing.

(l) When the use of locked transport containers is required by (k) above, ATC employees providing transport shall not have access to the key to the locked transport containers.

(m) The vehicle shall not bear any markings to indicate that the vehicle is transporting cannabis and CIP nor shall it bear the name of the ATC.

(n) The vehicle shall travel directly to the receiving entity, without stopping.

(o) When unforeseen circumstances require the vehicle to stop unexpectedly, for example, if stopped by a law enforcement officer or if there is a personal emergency, a detailed log shall be created describing:

(1) The reason for the stop;

(2) The duration of the stop;

(3) The location of the stop; and

(4) The activities of those persons exiting the vehicle, if applicable.

(p) In no case shall a vehicle transporting cannabis and CIP be left unattended at any time.

(q) ATC employees providing transport shall have communication access with personnel at the originating entity at all times that the vehicle contains cannabis and CIP.

(r) All records required by this section shall be maintained for a minimum of 4 years.

(s) Any vehicle used to transport cannabis and CIP shall be properly registered and inspected in the state in which it is registered.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.12 Permitted Quantities of Cannabis at an ATC {#sec-he-c-402.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.12}

(a) An ATC shall not possess or cultivate cannabis in excess of the following quantities:

(1) Three mature cannabis plants, 12 seedlings, and 6 ounces of usable cannabis for each qualifying patient registered with the department; and

(2) Up to an additional 80 mature cannabis plants, 160 seedlings, and 80 ounces of usable cannabis, including for start-up operations, to assist with a failed batch of cannabis, to allow sufficient quantity of cannabis for new qualifying patients, or to fill requests for the sale of cannabis to other ATCs.

(b) The quantities in (a) above shall be inclusive of all cannabis or CIP possessed or being cultivated at all registered premises under the control of the ATC.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

N.H. Code Admin. R. Ann. He-C 402.13 Inventory {#sec-he-c-402.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.13}

(a) The ATC shall establish ongoing inventory controls and procedures for the conduct of inventory reviews and comprehensive inventories of cannabis, which shall enable the ATC to detect any diversion, theft, or loss in a timely manner.

(b) An ATC shall maintain its inventory of cannabis plants and usable cannabis to reflect the projected needs of currently registered qualifying patients and new qualifying patients as required by He-C 402.12.

(c) An ATC shall conduct an initial comprehensive inventory on the date it first dispenses cannabis and maintain a real-time record of its inventory of cannabis plants, including mature plants, seedlings, and clones, usable cannabis, including cannabis that is being processed and cannabis that is ready for dispensing, and CIP, to include at a minimum:

(1) The date and time of the inventory;

(2) The summary of inventory findings; and

(3) The names of the employee(s) conducting the inventory.

(d) An ATC shall also maintain a real-time record of its inventory of all damaged, defective, expired, or contaminated cannabis and CIP prepared for waste disposal, but this inventory shall not be included in the cannabis inventory limit established in He-C 402.12.

(e) An ATC shall be able to reconcile all on-premises and in-transit cannabis each day at the close of business, and shall be able to document such inventory reconciliation upon request of the department for any day within the current registration period.

(f) An ATC shall establish inventory controls and procedures for the conduct of inventory reviews, which shall include a monthly comprehensive inventory.

(g) An ATC shall utilize an electronic inventory tracking system.

(h) All scales used to weigh usable cannabis for purposes of assessing inventory and packaging and dispensing cannabis shall be certified annually by a licensed NH service technician in accordance with RSA 438 and Agr 1400. Documentation of such certification shall be made available to the department upon request.

(i) If an ATC uses an extraction method to produce cannabis concentrate for use in the production of CIP, the amount of usable cannabis contained in the concentrate shall be based on the cannabinoid profile of the concentrate, and not the amount of the concentrate itself nor the amount of cannabis used to create the concentrate, as follows:

(1) 250 milligrams of total active cannabinoid shall equal one gram of usable cannabis;

(2) The total active cannabinoid amount shall be the combined amounts of cannabinoids in the concentrate as indicated by the cannabinoid profile; and

(3) The amount of usable cannabis contained in the concentrate, as determined by (1) and (2) above, shall be included in the inventory limit established in He-C 402.12.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.14 Cultivation and General Processing {#sec-he-c-402.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.14}

(a) Only an ATC shall be permitted to cultivate cannabis.

(b) All phases of the cultivation of cannabis shall take place in designated, locked, indoor, limited access areas that are monitored by a surveillance camera system in accordance with He-C 402.24.

(c) Safe growing methods that are as consistent as practicable with U.S. Department of Agriculture organic requirements at 7 CFR Part 205 shall be used.

(d) The cultivation process shall be designed to limit contamination, including, but not limited to, mold, fungus, bacterial diseases, rot, pests, non-organic pesticides, mildew, and any other harmful contaminant.

(e) A pesticide product may be applied to cannabis if:

(1) It is approved for organic cultivation in accordance with the requirements of the national organic program, 7 CFR Part 205; and

(2) The active ingredients contained in the pesticide product are exempt from federal registration under Section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

(f) Only persons who are licensed in accordance with RSA 430:33 shall be permitted to apply those pesticides in (e) above to cannabis.

(g) No chemical listed in He-C 402.34 shall be used in any way in the cultivation of cannabis.

(h) An ATC shall process only the leaves and flowers of the female cannabis plant, which shall be:

(1) Well cured and free of seeds and stems;

(2) Free of dirt, sand, debris, and other foreign matter;

(3) Free of contamination by mold, mildew, rot, other fungus, bacterial diseases, pests, pest wastes, and any other harmful contaminant; and

(4) Prepared and handled on food-grade stainless steel tables.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.15 Testing {#sec-he-c-402.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.15}

(a) Each batch of cannabis harvested and each batch of cannabis concentrate produced shall be tested in accordance with this section.

(b) The testing required by this section shall be performed by an independent laboratory located in New Hampshire and licensed under RSA 151 and He-P 808.

(1) The cannabinoid profile; and

(2) Contaminants as described in (e) below.

(d) Each batch of cannabis concentrate produced shall be tested for the cannabinoid profile.

(e) The testing required by (c)(2) above shall meet the following standards:

(1) For purposes of testing for microbiologicals and mycotoxins, a cannabis sample shall be deemed to have passed if it does not exceed the limits set forth in Table 402.1 below:

Table 402.1 – Contaminant Limits

Cannabis Material

Viable Aerobic Bacteria (CFU/g)

Yeast & Mold (CFU/g)

Viable Coliforms (CFU/g)

Bile-tolerant Gram Negative Bacteria (CFU/g)

E. Coli (pathogenic strains) & Salmonella spp.

Mycotoxins (alfatoxin B1, alfatoxin B2, alfatoxin O1, alfatoxin O2, ochratoxin A)

Harvested Cannabis

10⁵

10⁴

10³

None detected in 1 gram

<20 μg /kg of material

Cannabis Concentrate

10⁴

10³

10²

None detected in 1 gram

<20 μg /kg of material

CFU: colony forming unit

(2) For purposes of testing for heavy metals, a cannabis sample shall be deemed to have passed if it does not exceed the limits set forth in Table 402.2 below:

Table 402.2 – Contaminant Limits

Heavy Metal

Limit

Arsenic

4,206 ppb

Cadmium

2,704 ppb

Lead

8,712 ppb

Mercury

8,712 ppb

ppb: parts per billion

(f) The department shall require testing for the presence of prohibited pesticides and prohibited chemicals listed in He-C 402.34, Table 402.3, as follows:

(1) Testing shall be conducted for cannabis harvested at each cultivation location;

(2) Testing shall be conducted at least quarterly;

(3) The department shall directly notify the laboratory when such testing shall be conducted;

(4) Testing shall be conducted on samples provided to the laboratory for testing required by (c) above, or, if no samples have been provided at the time of notification in (3) above, on samples provided to the laboratory as directed by the department;

(5) Testing results shall be sent from the laboratory to the department; and

(6) A cannabis sample shall be deemed to have passed if no individual prohibited pesticide or chemical for which the laboratory tested is detected above 10 parts per billion.

(g) Each batch of solvent-based cannabis concentrate shall be tested for residual solvents, which, except for ethanol and isopropanol, shall not exceed 500 parts per million.

(h) The ATC shall segregate and withhold from use each batch of harvested cannabis and cannabis concentrate until the laboratory has completed its testing and either:

(1) The ATC receives written notice of passing results from the laboratory; or

(2) In the case of testing required in (f) above, the ATC receives written notice from the department that the batch has passed.

(i) In addition to test results described in (f)(5) above, the laboratory shall send to the department copies of each test result that fails to meet the standards in (e) and (g) above.

(j) Any cannabis batch whose test sample fails to pass the standards in (e)-(g) above shall be destroyed and discarded as waste in accordance with He-P 402.22.

(k) An ATC shall be required to have cannabis or CIP re-tested for its cannabinoid profile when the department determines that there is reason to believe that the cannabinoid profile on the label does not accurately reflect the actual cannabinoid profile. Copies of the testing results shall be sent to the department from the laboratory.

(l) Where testing indicates that the cannabinoid profile on the label does not accurately reflect its contents, the department shall:

(1) If the product is determined to be safe and of sufficient quality for continued sale or use:

a. Place conditions on the continued sale of such product, such as requiring re-labeling and the issuance of disclaimers or notifications to patients and caregivers; and

b. For product that has already been dispensed, order the issuance of notifications to patients and caregivers who have purchased the product, including the option for returning the product to the ATC for either replacement or refund; or

(2) If the product is determined not to be safe or of sufficient quality for continued sale or use:

a. For product that has not yet been dispensed, order the destruction of such product; and

b. For product that has already been dispensed, order a recall of the product, including replacement or refund to patients, and order destruction of the product.

(m) The ATC shall maintain the results of all testing for no less than 4 years.

(n) The department shall require additional testing, copies of results for which shall be sent to the department, order recalls, or order destruction of cannabis or CIP:

(1) In the event it has evidence of tampering or product contamination;

(2) In order to determine the presence or absence of contaminants; or

(3) In order to verify the accuracy of labeling.

(o) The testing laboratory shall supply documentation to the ATC of the test sample size requirements, for all analytes tested, to determine a minimum yet adequate amount of cannabis required by the laboratory to perform the testing required by this section.

(p) The ATC shall develop and implement a policy describing the procedures used to collect and provide samples for testing, which meets the following requirements:

(1) The ATC shall utilize a statistically valid sampling methodology to ensure that each sample is a random, homogenized sample; and

(2) The ATC shall document each sample collection, to include batch information, collecting agent information, and chain of custody information.

(q) Laboratories and laboratory employees shall be permitted to possess cannabis on the premises of the laboratory for the purpose of testing in accordance with this section.

(r) ATCs shall be responsible for all costs associated with the testing of cannabis samples.

(s) No ATC agent shall have any financial or other interest in a laboratory providing testing services in accordance with this section.

(t) No individual employee of a laboratory providing testing services for ATCs may receive direct financial compensation from any ATC.

(u) All storage of cannabis at a laboratory providing cannabis-testing services shall comply with He-C 402.17.

(v) An ATC shall develop and implement a quality assurance policy regarding the testing of cannabis and CIP for cannabinoid profile and contaminants, not including pesticides, in addition to the required testing described in this section, as follows:

(1) The policy shall include provisions for regular and periodic testing of cannabis flower and finished CIP products so that a representative sample of flower and CIP types are tested throughout the registration period;

(2) The ATCs shall work with the testing laboratory for this purpose; and

(3) Any product, the results of which do not match the original testing results or the results printed on the label, within a margin of error established by the laboratory, or which is found to contain contaminants above the thresholds established in (e) above, shall be withheld from sale or use, the testing results shall be reported to the department, and shall be subject to the actions described in (j) or (l) above.

History

#10731, eff 11-25-14; ss by #10961, eff 10-23-15; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.16 Production of Cannabis-Infused Products {#sec-he-c-402.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.16}

(a) Except for registered qualifying patients or designated caregivers, subject to the limitations in He-C 401.18, only a registered ATC shall be permitted to produce CIP.

(b) An ATC which chooses to produce CIP shall do so in accordance with this section.

(c) CIP shall not be considered food and CIP production facilities shall not be considered food service establishments for the purpose of food service licensure under RSA 143.

(d) Production of CIP shall take place in a designated and separate limited access area of the registered premises.

(e) All edible CIP shall be prepared, handled, and stored in compliance with the sanitation requirements in He-P 2309.03, Sanitary Production and Distribution of Food, Food Processing Plant Standards.

(f) All ingredients of edible CIP shall be of food-grade quality.

(g) An ATC shall provide adequate refrigeration for perishable CIP that will be consumed.

(h) An ATC shall ensure that its production processes are designed so that the cannabinoid content of any edible CIP is homogenous.

(i) Edible CIP shall be individually packaged at the point of preparation except that smaller items may be packaged into larger quantities in a single wrapped package provided that the packaging meets the requirements of He-C 402.19(b)(1).

(j) An ATC that chooses to produce cannabis concentrate shall be subject to the following:

(1) The following shall be permitted categories of cannabis concentrate:

a. Water-based cannabis concentrate;

b. Food-based cannabis concentrate;

c. Carbon dioxide (CO2)-based cannabis concentrate; and

d. Solvent-based cannabis concentrate, using only the following solvents:

Acetone;
Butane;
Ethanol;
Heptane;
Isopropanol; and
Propane;

(2) The use of any solvent not listed in (1)d. above shall be expressly prohibited;

(3) An ATC that engages in the production of cannabis concentrate, regardless of the method of extraction or category of cannabis concentrate being produced, shall:

a. Ensure that the space in which any cannabis concentrate is to be produced is a fully enclosed room and clearly designated on the current diagram of the registered premises;

b. Ensure that the written standard operating procedure for each method used to produce a cannabis concentrate at the ATC includes step-by-step instructions on how to safely and properly conduct all aspects of the process;

c. Establish written quality control procedures designed to maximize safety and minimize potential product contamination;

d. Establish written emergency procedures to be followed in case of a fire, chemical spill, or other emergency; and

e. Provide, document, and verify comprehensive training for all ATC agents involved in the cannabis concentrate production process to include:

All standard operating procedures for each method of cannabis concentrate production used at that ATC;
The ATC’s quality control procedures;
The ATC’s emergency procedures;
The proper use of any necessary safety or sanitation equipment;
The hazards presented by all solvents or other ingredients or chemicals used within the ATC as described in the material safety data sheet for each solvent, ingredient, or chemical;
Clear instructions on the safe use of all equipment involved in each process and in accordance with manufacturer’s instructions, where applicable; and
Any additional periodic cleaning required to comply with all applicable sanitation and safety rules;

(4) An ATC that engages in the production of water-based or food-based cannabis concentrate shall:

a. Meet the requirements of (e) above;

b. Ensure that all equipment, counters, and surfaces used in the production of cannabis concentrate are thoroughly cleaned after the completion of each batch of cannabis concentrate;

c. Ensure that any room in which dry ice is stored or used in processing cannabis concentrate is well ventilated to prevent the accumulation of dangerous levels of CO2;

d. Ensure that the necessary safety or sanitation equipment, including personal protective equipment, is provided and properly used by all agents involved in the process;

e. Ensure that, if used, only food-grade propylene glycol or glycerin is used in the production of food-based cannabis concentrate; and

f. Comply with (5) below related to the production of solvent-based cannabis concentrate if a pressurized system is used in the production process; and

(5) An ATC that engages in the production of solvent-based cannabis concentrate shall:

a. Comply with all state fire and building codes, including but not limited to the national electric code, all local ordinances, and with He-C 402.33(j)-(l) for the cannabis concentrate production area(s);

b. Obtain a material safety data sheet for each solvent or other chemical used or stored in the cannabis concentrate production area and keep them in a book that is readily accessible to all agents working in the cannabis concentrate production area and is readily accessible outside the cannabis concentrate production area as well;

c. Determine and post the maximum amount of all solvents and/or flammable chemicals that are permitted both in the storage and work areas of the cannabis concentrate production area in accordance with Saf-C 6000, the state fire code, as adopted by the commissioner of the department of safety under RSA 153, and as amended pursuant to RSA 153:5, I, by the state fire marshal with the board of fire control;

d. Ensure that all solvent-based extractions using flammable solvents meet the following requirements:

Such extractions shall be performed under:

(i) A static free fume hood; or

(ii) An electrostatic discharge safe, electrostatic dissipative, or static resistant certified fume hood for use for a class IB flammable liquid such as ethanol or isopropyl alcohol;

The hood in 1. above shall be certified and inspected, at least annually, in accordance with the manufacturer’s instructions, to meet manufacturer’s stated operational requirements; and
Written documentation of the certification and inspection in 2. above shall be made available to the department upon request;

e. Install throughout the registered premises an approved, supervised, automatic sprinkler system;

f. Install throughout the registered premises 110 Volt carbon monoxide detectors and a fire alarm system:

Where initiation of the fire alarm system shall be by manual means in accordance with section 9.6.2 of NFPA 101, as incorporated in He-C 402.05(c)(12)a.4., and by means of any required sprinkler system waterflow alarms, detection devices, or detection systems; and
Which automatically notifies occupants in accordance with section 9.6.3 of NFPA 101, as incorporated in He-C 402.05(c)(12)a.4.;

g. Have portable fire extinguishers, appropriate for the area and use, in accordance with section 9.7.4.1 of NFPA 101, as incorporated in He-C 402.05(c)(12)a.4.;

h. Ensure that all equipment, counters, and surfaces used in the production process are food-grade and shall not react adversely with any of the solvents to be used in the ATC;

i. Ensure that the room in which the cannabis concentrate is produced has a properly functioning emergency eye-wash station;

j. Ensure that all solvents used in cannabis concentrate production are food grade or at least 99% pure;

k. Ensure that every batch of cannabis concentrate is tested for residual solvents which, except for ethanol and isopropanol, shall not exceed 500 parts per million per gram;

l. For ethanol and isopropanol, if residual solvents exceed 500 parts per million per gram, add a warning to the product label stating the amount of residual solvent, in parts per million per gram, contained in the product; and

m. Not use denatured alcohol in any part of the production process.

(k) A complete list of solvents and chemicals used in the production of any cannabis concentrate shall be made available to the department or a qualifying patient or designated caregiver upon request.

(l) No chemical listed in He-C 402.34 shall be used in any way in the production of CIP.

History

#10731, eff 11-25-14; amd by #10961, eff 10-23-15; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.17 Storage {#sec-he-c-402.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.17}

(a) All cannabis and CIP in the process of cultivation, processing, transport, and testing, and all saleable product, shall be kept and stored in such a manner as to prevent diversion, theft, or loss, including that:

(1) Such cannabis and CIP shall be accessible only to the number of specifically authorized ATC agents essential for efficient operation;

(2) Such cannabis and CIP shall be returned to a secure location immediately after completion of the process or at the end of the scheduled business day; and

(3) If a process is not completed at the end of a business day, the tanks, vessels, bins, or bulk containers containing cannabis or CIP shall be locked inside a secure area.

(b) All cannabis and CIP in the process of cultivation, processing, transport, and testing, and all saleable product, shall be kept and stored:

(1) Under conditions that will protect it against physical, chemical, and microbial contamination as well as against deterioration of the product and its container;

(2) In areas that shall be maintained in a clean, orderly, and well-ventilated condition; and

(3) In storage areas that shall be free from infestation by insects, rodents, birds, and pests of any kind.

(c) ATCs shall maintain a separate secure storage area for cannabis or CIP that is outdated, damaged, deteriorated, mislabeled, or contaminated, or whose containers or packaging have been opened or breached, until such products are destroyed.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.18 General Sanitation Requirements {#sec-he-c-402.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.18}

The ATC shall take all reasonable measures and precautions to ensure the following:

(a) That any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an infectious illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with cannabis and CIP shall be excluded from any operations which might be expected to result in contamination until the condition is corrected;

(b) That hand-washing facilities shall be:

(1) Furnished with running water at a suitable temperature;

(2) Located in the registered premises and also where good sanitary practices require ATC agents to wash or sanitize their hands, including in CIP preparation areas; and

(3) Equipped with effective hand cleaning and sanitizing preparations and sanitary towel service or suitable drying devices;

(c) That all persons working in direct contact with cannabis and CIP shall conform to hygienic practices while on duty, including, but not limited to:

(1) Maintaining personal cleanliness; and

(2) Washing hands thoroughly in a hand-washing area(s) before starting work and at any other time when the hands might have become soiled or contaminated;

(d) That litter and waste are removed and the operating systems for waste disposal are maintained so that they do not constitute a source of contamination in areas where cannabis and CIP are exposed;

(e) That floors, walls, and ceilings are constructed in such a manner that they may be cleaned and that each is kept clean and in good repair;

(f) That there is lighting in all areas where cannabis and CIP are processed, stored, or sold, and where equipment or utensils are cleaned, sufficient to ensure that proper sanitation methods can be applied;

(g) That the ATC provides screening or other protection against the entry of pests, including that rubbish is disposed of so as to minimize the development of odor and the potential for the waste becoming an attractant, harborage, or breeding place for pests;

(h) That any buildings, fixtures, and other facilities are maintained in a sanitary condition;

(i) That toxic cleaning compounds, sanitizing agents, and other potentially harmful chemicals shall be identified, held, and stored in a manner that protects against contamination of cannabis and CIP and in a manner that is in accordance with any applicable local, state, or federal law, rule, regulation, or ordinance;

(j) That all contact surfaces, utensils, and equipment used in the production of cannabis and CIP shall be maintained in a clean and sanitary condition, including that such surfaces, utensils, and equipment shall be cleaned and sanitized as frequently as necessary to protect against contamination, using a sanitizing agent registered by the U.S. Environmental Protection Agency (EPA), in accordance with labeled instructions;

(k) That the ATC’s water supply shall be sufficient for necessary operations;

(l) That plumbing shall be of adequate size and design, and adequately installed and maintained, to carry sufficient quantities of water to required locations throughout the ATC and remove waste without cross-contamination;

(m) That ATC agents have readily accessible toilet facilities that are maintained in a sanitary condition and good repair; and

(n) That cannabis and CIP that can support the rapid growth of undesirable microorganisms are held in a manner that prevents the growth of these microorganisms.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.19 Packaging and Labeling Requirements {#sec-he-c-402.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.19}

(a) The dispensing of cannabis or CIP shall be prohibited unless the cannabis is placed within a container and labeled in accordance with this section.

(b) All cannabis or CIP to be dispensed shall be packaged as follows:

(1) Cannabis or CIP shall be packaged in plain, opaque, tamper-proof, and child-resistant containers, except that the container shall not require to be child-resistant if the qualifying patient or designated caregiver has affirmed in writing that he or she would have difficulty opening a child-resistant container and that there are no young children living in his or her household;

(2) Cannabis or CIP shall be packaged in a manner that is not attractive to children;

(3) Depictions of the product, cartoons, or images other than the ATC’s logo shall not be permitted on the packaging;

(4) The packaging of edible CIP shall not bear a reasonable resemblance to any commercially available product; and

(5) If the ATC has a second location for cultivation, packaging, including the application of a tamper-proof seal on the package, shall be completed at the cultivation location and not at the dispensing location.

(1) Is identical to, or confusingly similar to, the name of an existing non-cannabis product;

(2) Is identical to, or confusingly similar to, the name of an unlawful product or substance;

(3) Is obscene or indecent, such as names that are sexually suggestive, include curse words, or are ethnic, racist, or derogatory in nature;

(4) Might encourage the use of cannabis or CIP for recreational purposes;

(5) Might encourage the use of cannabis or CIP for a condition other than a qualifying medical condition;

(6) Is customarily associated with persons under the age of 18; or

(7) Is related to the benefits, safety, or efficacy of the cannabis product unless supported by substantial evidence or substantial clinical data.

(d) All cannabis or CIP dispensed shall meet the following labeling requirements:

(1) The ATC shall place a legible, firmly affixed label on all cannabis or CIP dispensed, which contains, at a minimum, the following information:

a. The qualifying patient’s registry identification number;

b. If the cannabis or CIP is being dispensed to a designated caregiver on behalf of a qualifying patient, in addition to a. above, the designated caregiver’s registry identification number;

c. The qualifying patient’s address;

d. The name, registration number, address, and phone number of the ATC;

e. The quantity, in ounces, of usable cannabis dispensed, which, for CIP, shall be as determined by He-C 402.13(i);

f. The date that the ATC dispensed the cannabis or CIP;

g. The batch number;

h. The strain of cannabis dispensed or, for CIP that has been produced with more than one strain, terminology that indicates that multiple strains have been used to create the CIP, such as “blend” or “hybrid”;

i. The cannabinoid profile of the cannabis or CIP dispensed, as follows:

For flower, in percent by weight;
For CIP, in milligrams; and
If the cannabinoid profile testing indicates that the amount of a cannabinoid is undetectable, it shall not be required to be included on the label;

j. This statement, including capitalization: “This product has not been analyzed or approved by the FDA. It is not certified to be free of contaminants. There is limited information on the side effects of using this product, and there may be associated health risks. Do not drive or operate heavy machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN.”; and

k. This statement: “This cannabis or CIP is for therapeutic use only. Diversion of this product is a class B felony and shall result in the revocation of one’s registry identification card.”;

(2) In addition to (1) above, the ATC shall place a legible, firmly affixed label on all CIP including the following information:

a. The type of the product;

b. A list of ingredients;

c. The net weight of the product;

d. A warning if nuts or other known allergens are contained in the product;

e. The date of product creation and the recommended “use by” or expiration date;

f. A statement that the CIP, if perishable, should be refrigerated;

g. Directions for use of the product if relevant;

h. Dosing information regarding the serving size of the product relative to the amount of THC or CBD in the product; and

i. The estimated time the CIP may take to go into effect;

(3) In addition to (1) and (2) above, for any CIP that contains an ethanol- or isopropanol-based cannabis concentrate with a residual solvent level that exceeds 500 parts per million per gram, the ATC shall add a warning to the label stating the amount of residual solvent, in parts per million per gram, contained in the product;

(4) Labeling text shall not include any false or misleading statements regarding health or physical benefits to the consumer; and

(5) Multiple labels on a container shall be allowed, however, labels shall be unobstructed and conspicuous in that no information required by these rules shall be obstructed.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.20 Dispensing Cannabis or CIP {#sec-he-c-402.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.20}

(a) The dispensing of cannabis or CIP shall meet the requirements of this section.

(b) Only ATC technicians shall be permitted to dispense cannabis or CIP.

(c) Cannabis or CIP shall be dispensed only to those qualifying patients, designated caregivers, and visiting qualifying patients who have been positively identified, as follows:

(1) A qualifying patient or designated caregiver shall produce their active registry identification card, or the equivalent for visiting qualifying patients, and valid, non-expired proof of identification;

(2) Valid proof of identification shall be limited to one of the following, which contains the person’s name, photograph, and date of birth:

a. A driver’s license;

b. A government-issued identification card;

c. A military identification card; or

d. A passport;

(3) The documents in (1) and (2) above shall show the same name and date of birth;

(4) For visiting qualifying patients, copies of the documents in (1) and (2) above shall be maintained by the ATC; and

(5) The ATC technician shall verify that the qualifying patient or designated caregiver’s registry identification number is on the list of active registry identification numbers provided to the ATC and updated by the department in accordance with He-C 402.10(p).

(d) The ATC shall not dispense cannabis or CIP to a qualifying patient who is a minor. Instead, cannabis or CIP intended for a minor qualifying patient shall only be dispensed to the patient’s designated caregiver.

(e) The ATC shall limit the amount of cannabis or CIP dispensed to a qualifying patient, or through their designated caregiver, or to a visiting qualifying patient, as follows:

(1) A qualifying patient or a visiting qualifying patient shall not obtain more than 2 ounces of usable cannabis during any 10-day period;

(2) The ATC technician shall consult the ATC’s records to verify that the dispensing of the cannabis would not cause the qualifying patient or visiting qualifying patient to receive more cannabis than is permitted in (1) above;

(3) The ATC technician shall document each dispensing of cannabis or CIP by maintaining a transaction record that includes, at a minimum:

a. The date, time, and amount of cannabis or CIP dispensed and amount paid;

b. The type, strain, and batch number of cannabis or CIP dispensed;

c. The registry identification number of the qualifying patient and that of the designated caregiver if dispensed to the caregiver, or of the visiting qualifying patient; and

d. The name of the ATC technician who performed the transaction; and

(4) The ATC shall provide the qualifying patient or designated caregiver with information about the patient’s remaining allotment of usable cannabis as of the date of purchase.

(f) When dispensing cannabis or CIP, an ATC shall follow any instructions or recommendations provided by the qualifying patient’s certifying provider in accordance with He-C 401.06(b)(6). An ATC may, with the patient’s signed authorization, communicate with the patient’s certifying provider in order to solicit and receive updated written dispensing recommendations or instructions.

(g) With each dispensing of cannabis or CIP, the ATC shall make available to the qualifying patient, designated caregiver, or visiting qualifying patient, at a minimum:

(1) The educational materials described in He-C 402.21; and

(2) Upon request, a list of cannabis and CIP purchases, including the amount of usable cannabis dispensed, by date, to help ensure that they do not obtain more than 2 ounces of cannabis from any ATC in any 10-day period.

(h) An ATC technician who is also a designated caregiver or qualifying patient shall not dispense cannabis to themselves.

(i) An ATC shall maintain and implement a policy on dispensing cannabis to designated caregivers that includes:

(1) Procedures for a qualifying patient to elect to be contacted by the ATC when the ATC dispenses cannabis to the patient’s caregiver in order to confirm that the cannabis purchased by the caregiver was received by the patient;

(2) Procedures that:

a. If the patient elects to be contacted by the ATC, allow the patient to choose the frequency of contact;

b. Account for patients who themselves do not access the dispensary; and

c. Allow for exceptions for minor patients and incapacitated patients who may not be able to make such an election; and

(3) Maintenance of documentation of compliance.

(j) The following shall apply to the dispensing of cannabis and CIP to a visiting qualifying patient:

(1) An ATC shall develop and implement written policies and operating procedures relative to dispensing cannabis and CIP to visiting qualifying patients, including procedures for verification of out-of-state registry identification cards, dispensing, and record keeping;

(2) An ATC shall verify a visiting qualifying patient’s registry identification card, or equivalent, as follows:

a. The registry identification card shall:

Be issued by another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada, that allows, in the jurisdiction of issuance, that person to possess cannabis for therapeutic purposes;
Show dates that indicate that it is effective and not expired;
Show the same name and date of birth as the valid proof of identification required in (c)(2) above;
Match the format, design, and security features of registry identification cards issued in the jurisdiction of issuance; and
Not be a picture of a registry identification card;

b. An ATC shall not dispense to a visiting qualifying patient if the registry identification card produced does not meet the requirements in a. above; and

c. An ATC shall not be required to dispense to a visiting qualifying patient if the authenticity of the registry identification card produced is in question;

(3) An ATC shall use the registry identification number that appears on the visiting qualifying patient’s registry identification card, or equivalent, for the purposes of dispensing and record keeping, except that if the verified registry identification card, or equivalent, does not contain a registry identification number then the ATC shall issue the equivalent of a registry identification number that matches the number that is on the proof of identification required in (c)(2) above;

(4) An ATC shall not dispense to a visiting qualifying patient’s designated caregiver;

(5) An ATC may dispense to a visiting qualifying patient who is a minor, as follows:

a. The minor visiting qualifying patient shall be accompanied by the minor’s parent or legal guardian;

b. The parent or legal guardian shall produce valid proof of identification required in (c)(2) above; and

c. If the minor visiting qualifying patient cannot also produce valid proof of identification required in (c)(2) above, then:

The requirement in (2)a.3. above shall not apply; and
The requirement in (3) above shall apply relative to the proof of identification produced by the minor’s parent or legal guardian; and

(6) Requirements in the following sections that apply to qualifying patients shall also apply to visiting qualifying patients:

a. He-C 402.19, Packaging and Labeling Requirements;

b. He-C 402.21, Educational Requirements; and

c. He-C 402.25, Confidentiality.

(k) An ATC may dispense cannabis and CIP via curbside pickup, as follows:

(1) An ATC may elect to offer curbside pickup to qualifying patients, designated caregivers, and visiting qualifying patients;

(2) If elected, curbside pickup shall be made available on a case-by-case basis to assist individuals with an ongoing or temporary need, such as a health, illness, or mobility issue, which reasonably prevents access into the registered premises of the dispensary location;

(3) An ATC shall develop, implement, and maintain policies and procedures necessary for curbside pickup, to include, but not be limited to:

a. Requirements for a signed and dated attestation of need by the patient or caregiver, to be maintained by the ATC;

b. Requirements for designated parking spaces immediately adjacent to the registered premises, or an alternative plan submitted to the department that achieves a similar level of security and safety; and

c. Transaction security and safety measures consistent with existing rules on dispensing cannabis, including the verification of the patient or caregiver’s identity and the creation and maintenance of a video recording of patient or caregiver identification verification and monetary and product transactions between the ATC technician and the patient or caregiver; and

(4) Curbside pickup shall be subject to restrictions and requirements which may be established by the local municipality.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23; ss by #14386, eff 10-1-25, EXPIRES: 10-1-35

N.H. Code Admin. R. Ann. He-C 402.21 Educational Requirements {#sec-he-c-402.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.21}

(a) An ATC shall maintain and make available educational materials about cannabis and CIP and their use to qualifying patients, their designated caregivers, their certifying providers, and visiting qualifying patients.

(b) Each ATC shall have an adequate supply of current educational materials available for distribution to registered qualifying patients and their designated caregivers, and visiting qualifying patients, including any materials supplied by the department to be made available.

(d) The educational materials shall include, at a minimum, information about the following:

(1) Strains of cannabis, routes of administration, and their different effects in order to assist in the selection of prepared cannabis;

(2) How to achieve proper dosage for different routes of administration with an emphasis on using the smallest amount of cannabis possible to achieve the desired effect, and the impact of potency;

(3) Substance use disorder information on tolerance, dependence, and withdrawal, with an emphasis on cannabis use disorder;

(4) Substance misuse signs and symptoms;

(5) Referral information to substance use treatment programs;

(6) Possible side effects from the use of cannabis for therapeutic purposes;

(7) The extent to which the ATC’s cannabis and CIP meet or do not meet organic certification standards, other information concerning organic growing methods used by the ATC, and information concerning other methods used for cultivation and processing;

(8) The warning information required to be included on the label as per He-C 402.19(d)(1)j. and k. and (d)(2)h;

(9) The potential for contaminants in cannabis and CIP, the limitations of testing protocols in identifying such contaminants, and the associated health risks of consuming such contaminants, with an emphasis on cannabis flower and discouraging the inhalation of combusted cannabis particularly by immunocompromised patients;

(10) Information about the risks of cannabis use during pregnancy and while breastfeeding, as outlined by the therapeutic cannabis medical oversight board, including the posting of an informational poster regarding the risks of cannabis use during pregnancy and while breastfeeding in a conspicuous location at the ATC’s dispensary locations;

(11) Information regarding safe storage and disposal of cannabis, CIP, and paraphernalia to prevent accidental poisonings, including the contact information for the Northern New England Poison Control Center;

(12) Information about the risks of cannabis use in adolescence as outlined by the therapeutic cannabis medical oversight board, including the posting of an informational poster on the risks of cannabis use in adolescence in a conspicuous location at the ATC’s dispensary locations; and

(13) Therapeutic cannabis program rules and laws, including He-C 401, He-C 402, and RSA 126-X.

(e) The materials in (d) above shall be available in languages accessible to all patients served by the ATC including for the visually and hearing impaired, to the extent practicable.

(f) ATCs shall offer tracking sheets to qualifying patients and their designated caregivers to keep track of the strains of cannabis used, the form of prepared cannabis used, and the effects of cannabis and CIP used.

(g) ATCs shall keep a record for each qualifying patient, which includes:

(1) The strains of cannabis dispensed, including potency; and

(2) The form of prepared cannabis or CIP dispensed.

(h) In addition to the information in (g) above, the ATC shall collect data from each qualifying patient who is willing to provide it regarding:

(1) Strains used and routes of administration as they relate to qualifying medical conditions and symptoms;

(2) Any side effects experienced;

(3) Therapeutic effectiveness;

(4) Overall satisfaction with the ATC and therapeutic cannabis program in general; and

(5) Other efficacy and use surveys, as directed by the department, upon a qualifying patient’s intake and at periodic and regular intervals.

(i) The ATC shall develop and implement a policy designed to increase the participation of qualifying patients in the activities described in (h) above.

(j) The data collected under (g) and (h) above shall be maintained using the qualifying patient’s registry identification number and shall be made available to the department upon request.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A; eff 6-26-23

N.H. Code Admin. R. Ann. He-C 402.22 Cannabis Waste Disposal Requirements {#sec-he-c-402.22 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.22}

(a) Cannabis waste shall be stored, secured, and managed in accordance with all applicable state and local statutes, regulations, ordinances, or other requirements.

(b) Disposal of hazardous and chemical waste shall be conducted in a manner consistent with federal, state, and local laws.

(c) Cannabis waste shall be rendered unusable, and in the case of previously or potentially usable cannabis, unrecognizable, prior to leaving the registered premises.

(d) Notwithstanding (c) above, when the ATC has separate dispensing and cultivation locations, cannabis waste from a dispensing location shall be first transported to the ATC’s cultivation location for proper rendering and disposal.

(e) Cannabis waste shall be rendered unusable, and in the case of previously or potentially usable cannabis, unrecognizable, and disposed of as follows:

(1) Previously and potentially usable cannabis that is determined to be cannabis waste shall be ground so that it is unrecognizable;

(2) Cannabis waste shall be incorporated with non-consumable wastes listed below such that the resulting mixture is at least 50 percent non-cannabis waste:

a. Paper waste;

b. Plastic waste;

c. Cardboard waste;

d. Food waste;

e. Grease or other compostable oil waste;

f. Bokashi, or other compost activators;

g. Other wastes that will render the cannabis waste unusable and unrecognizable as cannabis; or

h. Soil; and

(3) After the cannabis waste is made unusable and, if applicable, unrecognizable, the rendered waste shall be:

a. Disposed of at a legal state-approved solid waste site and disposal facility;

b. Deposited at a state-approved compost facility; or

c. Composted on-site at a facility owned by the generator of the waste.

(f) An ATC shall not dispose of cannabis waste in an unsecured waste receptacle not in possession and control of the ATC.

(g) An ATC shall accept at no charge unused, excess, or contaminated cannabis and CIP from a registered qualifying patient or designated caregiver, and shall destroy it as provided in (e) above, and shall maintain a written record of such disposal, including the name of the supplying registered qualifying patient or designated caregiver as applicable, as well as the date, the quantity, and type of cannabis or CIP returned.

(h) When cannabis waste is disposed of, the ATC shall create and maintain a written record of the date, the type and quantity, and the names of the person(s) conducting the disposal. ATCs shall keep disposal records for at least 4 years.

(i) Disposal of previously or potentially usable cannabis shall be conducted by no less than 2 ATC employees.

(j) Cannabis waste, excluding the roots or root ball and stalks of the cannabis plant, shall be included in the overall inventory of cannabis possessed by the ATC, but shall not be included in the maximum allowed cannabis inventory limits.

(k) Cannabis waste that has been rendered unusable, and in the case of previously or potentially usable cannabis, unrecognizable, shall be permitted to be transported, including by an independent contractor, to the locations described in (e)(3)a. and b. above without meeting the requirements of He-C 402.11.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.23 Advertising Restrictions {#sec-he-c-402.23 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.23}

(a) An ATC shall be prohibited from advertising its products or services except as allowed in this section.

(b) The following shall not be considered advertising and shall be allowed:

(1) A business name and logo to be used in labeling, signage, and other materials, however, the use of medical symbols, images of cannabis or cannabis products, paraphernalia, and colloquial references to cannabis or marijuana shall be prohibited from use in the business name or logo;

(2) An exterior sign on the ATC building or property, which displays the business name and logo, the type of business including the words “therapeutic cannabis dispensary,” and which meets the following additional requirements:

a. Such signage shall be designed to assist qualifying patients and designated caregivers to find the ATC without drawing undue attention to the ATC such as through the use of flashing lights;

b. Such signage shall not be illuminated during non-business hours; and

c. A second location for cultivation and processing which is separate from the dispensary location of the ATC shall not be permitted to have an exterior sign;

(3) A listing in a phone book, business directory, search engine, or other place where it is reasonable for a business to maintain an informational presence of its existence, and a description of the nature of the business;

(4) An ATC may maintain a website and social media site(s) for its business, which may contain the following information:

a. ATC name and dispensary location;

b. Contact information;

c. Hours of operation;

d. Services provided;

e. Strains of cannabis available, except that brand names or commercial names of cannabis strains shall not be used on social media sites;

f. Products available;

g. Prices of products, including any available discounts on products;

h. Educational material, including information as described in He-C 402.21 and information regarding the department’s therapeutic cannabis program in general; and

i. Any other information related to the ATC that is not intended to induce, directly or indirectly, the purchase of cannabis by persons who are not qualifying patients or designated caregivers;

(5) The sites in (4) above shall be age-restricted in order to discourage minors from accessing the sites. The use of social media sites that cannot be age-restricted for this purpose shall be prohibited;

(6) Direct mail, text messaging, and e-mail communication, including electronic newsletters, to qualifying patients, designated caregivers, visiting qualifying patients, and other non-minor age individuals who sign up to receive such communications, containing information permitted by (4) above;

(7) Communication and engagement for educational purposes with providers, community leaders, and state and local officials, including the dissemination of information permitted by (4) above and educational materials described in He-C 402.21; and

(8) Communication and engagement with the community for educational purposes or promotion of charitable partnerships, including the dissemination of information permitted by (4) above and educational materials described in He-C 402.21, as follows:

a. With in-state and out-of-state media outlets for interviews with radio, print, television, and podcasts;

b. Hosting and participating in public events, including the listing of such events in places where it is reasonable for a business to do so; and

c. In or at cannabis industry-specific print media or events, respectively.

(d) An ATC shall not specifically direct the materials and activities allowed in (b) above to minors, or to persons 25 years of age or younger who are not qualifying patients or designated caregivers except for (b)(6) above, and shall make reasonable efforts to limit the exposure of such persons to these allowed materials and activities. However, incidental exposure to such materials and activities by such persons shall not be considered a violation of these rules.

(e) The interior of the registered premises, except for non-dispensing areas of an ATC’s dispensary locations, like a lobby, shall not be visible to public viewing from the exterior of the building or premises. This shall not prevent images of the interior of the ATC to be utilized by the ATC, on its website or social media sites or for other viewing, as long as the images do not include qualifying patients or designated caregivers, without their written consent, or security features which might compromise the security of the ATC.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

N.H. Code Admin. R. Ann. He-C 402.24 Security Requirements {#sec-he-c-402.24 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.24}

(a) An ATC shall implement security measures to deter and prevent unauthorized entrance into areas containing cannabis or CIP and to prevent diversion, loss, and theft of cannabis or CIP at the ATC or during transport of cannabis or CIP.

(b) Security measures to protect the registered premises, registered qualifying patients, designated caregivers, and agents of the ATC shall include but are not limited to the following:

(1) The ATC shall limit access to the registered premises as described in (c) and (g) below;

(2) The ATC shall establish limited access areas accessible only to specifically authorized personnel, and only to the number of employees or ATC agents essential for efficient operation;

(3) The ATC shall dispose of all cannabis waste including unused portions of the plant, contaminated cannabis product, and excess cannabis in accordance with He-C 402.22;

(4) The ATC shall store all finished cannabis in a secure, locked safe, vault, or storage unit in such a manner as to prevent diversion, theft, and loss;

(5) The ATC shall keep all safes, vaults, storage units, and any other equipment or areas used for the production, cultivation, harvesting, processing, or storage of cannabis and CIP securely locked and protected from entry, except for the actual time required to remove or replace cannabis;

(6) The ATC shall keep all locks and security equipment in good working order;

(7) Keys, and other access devices, as applicable, shall not be left in the locks, or stored or placed in a location accessible to persons other than specifically authorized personnel;

(8) The ATC shall prohibit accessibility of security measures, such as combination numbers, passwords, or electronic or biometric security systems, to persons other than specifically authorized personnel;

(9) The outside perimeter of the ATC shall be sufficiently lit to facilitate surveillance;

(10) The ATC shall ensure that trees, bushes, and other foliage outside of the registered premises do not allow for a person or persons to conceal themselves from sight;

(11) The ATC shall develop emergency policies and procedures for securing all product following any instance of diversion, theft, or loss of cannabis or CIP, and conduct an assessment to determine whether additional safeguards are necessary; and

(12) The ATC shall develop additional safeguards as directed by the department for registered premises or areas of operations that present security concerns.

(1) Such person is an ATC employee, is on duty, and is visibly displaying his or her badge;

(2) Such person is an ATC volunteer, is on duty, and is visibly displaying his or her badge;

(3) Such person is an ATC agent, not including those in (1) and (2) above, such as a board member or corporate officer, who is logged in, escorted, and is displaying a visitor badge, in accordance with (e)(3) and (f) below;

(4) Such person is a qualifying patient or designated caregiver possessing a registry identification card issued by the department pursuant to He-C 401, or is a visiting qualifying patient possessing a valid registry identification card or its equivalent, and whose access shall be limited to the dispensing area of the ATC;

(5) Such person is accompanying a qualifying patient while in the dispensing area of the ATC, and who:

a. Shall not be required to be a qualifying patient or a designated caregiver;

b. Shall not be a minor;

c. Shall be required to comply with (e)(3) below, except that the person does not need an individual escort, and (f) below;

d. Shall be subject to the ATC’s policy on such visitors, including a policy that may prohibit or otherwise limit such visitors from accessing the ATC; and

e. Shall be the only visitor accompanying the qualifying patient at any one time;

(6) Such person is an outside vendor or contractor whose responsibilities require access to the ATC and then only to the specific areas necessary and for only as long as necessary to perform the person’s job duties. For the purposes of this rule, an outside vendor or contractor means an individual who requires temporary access to the registered premises for a specific purpose, such as to perform construction or maintenance, to conduct system repairs or inspection, or to perform employee training;

(7) Such person is authorized by law, rule, or in writing by the department to be in the registered premises;

(8) Such person(s) are emergency responders in the course of responding to an emergency and the ATC documents the names, times, and dates of each responder at the time of the incident or as soon as is practicable after the emergency, as required by the incident report in He-C 402.10(n); or

(9) Such person is a prospective ATC employee or volunteer and the reason for entry to the ATC is for interviewing purposes.

(d) The requirements of (c) above shall not be construed to prohibit access to:

(1) Authorized law enforcement personnel or state or local officials acting within their lawful jurisdiction. For the purpose of this rule, “jurisdiction” means general authority and is not limited to only geographic area; or

(2) The general public, excluding minors, in areas of the ATC’s dispensary locations that are not dispensing areas, such as the lobby or consultation rooms.

(e) The ATC shall document:

(1) The dates and times that all agents are either in the registered premises or offsite transporting cannabis or CIP;

(2) The registry identification numbers, dates, and times that all registered qualifying patients and designated caregivers, and visiting qualifying patients, are in the registered premises for either education or purchase of cannabis or CIP;

(3) Access to the registered premises by persons authorized by (c)(2), (3) and (5)-(9), or (d)(1) above, including the name, signature, date, time in and out, purpose of the visit, to include sufficient information to demonstrate compliance with (c) or (d)(1) above, and the name of the employee providing escort;

(4) The signature and employee escort requirements in (3) above shall not apply for emergency responders in the event of a reportable incident; and

(5) The employee escort requirement in (3) above shall not apply for visitors described in (c)(5) above.

(f) For all authorized persons who do not have either a registry identification card, or its equivalent for visiting qualifying patients, or an employee or volunteer identification badge issued by the ATC, except for emergency responders in the event of a reportable incident and those persons described in (d) above, the ATC shall:

(1) Issue a temporary visitor’s badge that shall be worn for the duration of the visit to the ATC and returned prior to exit; and

(2) Provide an ATC employee who shall escort the authorized person(s) at all times while they are in the limited access areas of the registered premises, except that this shall not apply to visitors described in (c)(5) above.

(g) The limited access areas described in (b)(2) above shall be identified by the posting of a sign that shall be a minimum of 12” X 12” and which states: “Do Not Enter – Limited Access Area – Access Limited to Authorized Personnel Only” in lettering no smaller than one inch in height.

(h) An ATC shall have a security system designed to prevent and detect diversion, theft, or loss of cannabis and unauthorized intrusion, which shall, at a minimum, include:

(1) A perimeter alarm on all entry points and perimeter windows;

(2) A failure notification system that provides an audible, text, or visual notification of any failure in the surveillance system which alerts designated employees of the ATC within 5 minutes after the failure, either by telephone, email, or text message;

(3) A duress alarm, panic alarm, and holdup alarm connected to local public safety or law enforcement authorities or to an alarm monitoring company;

(4) Video cameras in all areas that may contain cannabis, at all points of entry and exit, on the entrance to the video surveillance room, and in any parking lot, which shall be appropriate for the normal lighting conditions of the area under surveillance. The cameras shall be directed at all safes, vaults, sales areas, and areas where cannabis is cultivated, harvested, processed, prepared, stored, handled, or dispensed. Cameras shall be angled in such a way as to minimize blind spots and to capture clear and certain identification of any person entering or exiting the ATC or area;

(5) Continuous 24-hour recordings from all video cameras that are available for immediate viewing by the department upon request and that are retained for at least 90 calendar days. Recordings shall not be destroyed or altered, and shall be retained as long as necessary if the ATC is made aware of a pending criminal, civil, or administrative investigation, or legal proceeding for which the recording might contain relevant information;

(6) The ability to immediately produce a clear, color, still photo either live or from a recording;

(7) A date and time stamp embedded on all recordings which shall be synchronized, set correctly, and shall not obscure the picture;

(8) A video recording that allows for the exporting of still images in an industry standard image format, including .jpg, .bmp, and .gif. Exported video shall have the ability to be archived in a proprietary format that ensures authentication of the video and guarantees that no alteration of the recorded image has taken place. Exported video shall also have the ability to be saved in an industry standard file format that can be played on a standard computer operating system. All recordings shall be erased or destroyed prior to disposal; and

(9) The functionality that the security system shall remain operational during a power outage.

(i) In addition to the requirements listed in (h) above, each registered premises shall have a backup alarm system that shall detect unauthorized entry during times when the registered premises are closed and that shall be provided by a company which shall not be the same company providing the primary security system, or shall demonstrate alternative safeguards sufficient to ensure continuous operation of the primary alarm system.

(j) All security system equipment and recordings shall be maintained in a secure location so as to prevent theft, loss, destruction, and alterations, access to which shall be limited to persons that are essential to security operations, including security system personnel.

(k) A current list of authorized employees and service personnel that have access to the surveillance room and to camera footage while onsite or when remote shall be available to the department upon request.

(l) All video surveillance records, including recordings of point-of-sale areas, shall be confidential, except that the ATC may provide such records and recordings, with notice to the department, to state or local law enforcement agency(s) acting within their lawful jurisdiction and if requested in connection with a law enforcement investigation or proceeding, or pursuant to a court order, or to the department.

(m) All policies, procedures, practices, plans, and physical layout pertaining to security, and the address of a second site for cultivation and processing if separate from the dispensary location, shall be confidential except that they shall be provided to the department upon request and as otherwise allowed by He-C 402.

(n) All security equipment shall be in good working order and shall be inspected and tested at regular intervals of at least every 30 calendar days, and at least twice per year by employees of the ATC’s security company.

(o) Documentation of the inspection and testing in (n) above shall be maintained by the ATC.

(p) At all points of ingress and egress, the ATC shall ensure the use of commercial-grade, non-residential door locks.

(q) ATCs shall develop written security protocols which they shall share with local police department(s) having jurisdiction at the address(es) of the registered premises. The ATC shall document the efforts made to engage local police departments.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

N.H. Code Admin. R. Ann. He-C 402.25 Confidentiality {#sec-he-c-402.25 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.25}

(a) All individually identifiable patient health or cannabis information which an ATC creates, receives, maintains, or transmits in an electronic form shall be deemed protected health care information for the purposes of the federal Health Insurance Portability and Accountability Act of 1996 as amended.

(b) All information held by the ATC which identifies certifying providers, registered qualifying patients, and designated caregivers shall be confidential pursuant to RSA 126-X and shall not be released except as provided by (e) below.

(c) The ATC shall have an electronic record keeping system that provides password protected restricted access to confidential information to only those ATC technicians who require access to perform the duties of their position.

(d) The electronic record keeping system in (c) above shall at a minimum:

(1) Be structured so that dispensing, data collection records, and any product effectiveness records shall be tracked according to qualifying patients’ registry identification numbers to protect their confidentiality; and

(2) Have the capability of pairing the registry identification numbers with registered qualifying patient demographics when necessary to send reports to persons as identified by (e) below, such as providers.

(e) Information held by the ATC about registered qualifying patients, designated caregivers, and certifying providers may be released by the ATC to:

(1) The subject individual to whom the information applies, his or her designated caregiver, or his or her authorized representative;

(2) Persons designated in writing by the registered qualifying patient;

(3) Department staff for the purpose of carrying out official duties; and

(4) An individual or entity pursuant to an order from a court of competent jurisdiction.

(f) All ATC agents shall sign a statement of confidentiality that they have read and understand the policies required by He-C 402.09(b)(12) prior to the start of any duties within the ATC.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.26 Waivers {#sec-he-c-402.26 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.26}

(a) Applicants or ATCs seeking waivers of specific rules in He-C 402 shall submit a written request for a waiver to the department that includes:

(1) The specific reference to the rule for which a waiver is being sought;

(2) A full explanation of why a waiver is necessary, and, if applicable, a proposed alternative;

(3) How the granting of the waiver would not negatively impact the health, safety, and well-being of qualifying patients and the public and would not negatively affect the quality of services provided to qualifying patients; and

(4) The period of time for which the waiver is sought.

(b) No provision of statute shall be waived by the department.

(c) A request for waiver shall be granted if the department determines that the alternative proposed by the applicant or ATC:

(1) Meets the objective or intent of the rule;

(2) Does not negatively impact the health, safety, or well-being of the qualifying patients or public; and

(3) Does not negatively affect the quality of qualifying patient services.

(d) The ATC’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.

(e) Waivers shall not be transferable.

(f) When an ATC wishes to renew a waiver beyond the approved period of time, the ATC shall apply for a new waiver by submitting the information required by (a) above, and any other relevant information that supports the continuation of the waiver:

(1) When the ATC submits its application for registration renewal pursuant to He-C 402.06(b) and (c); or

(2) At least 30 days prior to the expiration of the waiver if the waiver expires on a date other than the expiration date of the registration.

(g) The request to renew a waiver shall be subject to (b) through (f) above.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.27 Complaints {#sec-he-c-402.27 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.27}

(a) The department shall investigate complaints that allege a violation of RSA 126-X or He-C 402.

(b) Complaints that allege that an individual or entity is operating as an ATC without being registered shall be turned over to the state or local law enforcement.

(1) The name and address of the ATC, or the alleged unregistered individual or entity;

(2) The name, address, and telephone number of the complainant; and

(3) A description of the allegations that supports the complaint and the alleged violation(s) of RSA 126-X or He-C 402.

(d) For an ATC, the department shall:

(1) Provide written notification of the results of the investigation to the ATC along with a statement of findings if areas of noncompliance were found as a result of the investigation; and

(2) Notify any other state or local agencies of suspected violations of their statutes or rules based on the results of the investigation, as appropriate.

(e) If the investigation results in areas of noncompliance being cited, the ATC shall be subject to an administrative remedy in accordance with He-C 402.29 and an enforcement action in accordance with He-C 402.30.

(f) Any statement of findings issued as a result of a complaint investigation shall be considered public information, however, complaint investigation files shall be confidential in accordance with RSA 126-X, and shall not be disclosed publicly.

(g) Such files shall be released by the department on written request only:

(1) To the department of justice when relevant to a specific investigation;

(2) To law enforcement when relevant to a specific criminal investigation;

(3) When a court of competent jurisdiction orders the department to release such information; or

(4) When used by the department as exhibits in prosecuting an enforcement action in an administrative or judicial hearing.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.28 Inspections {#sec-he-c-402.28 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.28}

(a) For the purpose of determining compliance with RSA 126-X and He-C 402, as authorized by RSA 126-X:7, IX, the ATC shall admit and allow any authorized department representative at any time to inspect the following:

(1) The registered premises;

(2) All programs and services provided by the ATC; and

(3) Any records required by RSA 126-X or He-C 402.

(b) At a minimum, the department shall conduct an inspection to determine full compliance with RSA 126-X and He-C 402, prior to:

(1) The issuance of an initial registration;

(2) Resumption of business after a change in the physical location of the ATC;

(3) Occupation of space after construction, renovations, or alterations; or

(4) The renewal of a registration.

(c) In addition to (b) above, the department shall conduct an inspection, as needed, to verify the implementation of any POC accepted or issued by the department, to investigate complaints, and to conduct compliance monitoring.

(d) A statement of findings shall be issued when, as a result of any inspection, complaint, or monitoring, the department determines that the ATC is in violation of or not in compliance with any of the provisions of He-C 402, RSA 126-X, or any applicable code.

(e) If the inspection results in areas of noncompliance being cited, the ATC shall be subject to a plan of correction in accordance with He-C 402.29, an enforcement action in accordance with He-C 402.30, or both.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.29 Plans of Correction {#sec-he-c-402.29 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.29}

(a) When the department issues a statement of findings, the ATC shall submit a POC that addresses the areas of noncompliance cited in the statement.

(b) A POC shall be developed and enforced in the following manner:

(1) Upon receipt of a statement of findings, the ATC shall submit a POC containing:

a. How the ATC intends to correct each area of noncompliance;

b. What corrective action will be implemented and maintained to ensure that the noncompliance does not recur; and

c. The date by which each area of noncompliance shall be corrected;

(2) The ATC shall submit a POC to the department within 21 calendar days of the date on the cover letter that transmitted the statement of findings unless the ATC requests, either verbally or in writing, and the department agrees, to extend that deadline, based on the following criteria:

a. The ATC demonstrates that it has made a good faith effort to develop and submit the POC within the 21 calendar day period but has been unable to do so; and

b. The department determines that the health, safety, or well-being of qualifying patients or the public will not be jeopardized as a result of granting the extension;

(3) The department shall review and accept each POC that:

a. Will achieve compliance with RSA 126-X and He-C 402;

b. Corrects all areas of noncompliance as cited in the statement of findings;

c. Does not create a new violation of RSA 126-X or He-C 402 as a result of the implementation of the POC; and

d. Specifies the date upon which the deficiencies will be corrected;

(4) If the POC is acceptable, the department shall issue a registration certificate or provide written notification of acceptance of the POC, whichever is applicable;

(5) If the POC is not acceptable:

a. The department shall notify the ATC in writing of the reason for rejecting the POC;

b. The ATC shall develop and submit a revised POC within 14 days of the date of the written notification from the department that states the original POC was rejected unless, within the 14 day period, the ATC requests an extension, either verbally or in writing, and the department grants the extension, based on the following criteria:

The ATC demonstrates that it has made a good faith effort to develop and submit the POC within the 14 day period but has been unable to do so; and
The department determines that the health, safety or well-being of qualifying patients or the public will not be jeopardized as a result of granting the waiver;

c. The revised POC shall comply with (b)(1) above and be reviewed in accordance with (b)(3) above; and

d. If the revised POC is not acceptable to the department, or is not submitted within 14 days of the date of the written notification from the department that states the original POC was rejected, the ATC shall be subject to a directed POC in accordance with (c) below and a fine in accordance with He-C 402.30(c)(9);

(6) The department shall verify the implementation of any POC that has been submitted and accepted by:

a. Reviewing materials submitted by the ATC;

b. Conducting a follow-up inspection; or

c. Reviewing compliance during the next annual inspection;

(7) Verification of the implementation of any POC shall only occur after the date of completion specified by the ATC in the plan; and

(8) If the POC or revised POC has not been implemented by the completion date at the time of the next inspection, the ATC shall be issued a directed POC in accordance with (c) below and shall be subject to a fine, as appropriate, in accordance with He-C 402.30(c)(10).

(c) The department shall develop and impose a directed POC that specifies corrective actions for the applicant or ATC to implement when:

(1) As a result of an inspection, investigation, or compliance monitoring, areas of noncompliance were identified that require immediate corrective action to protect the health and safety of the qualifying patients, designated caregivers, ATC agents, or the public;

(2) A POC is not submitted within 21 days of the written notification from the department;

(3) A revised POC is not submitted within 14 days of the written notification from the department; or

(4) A revised POC submitted by the ATC has not been accepted.

(d) If at the time of the next inspection the directed POC referenced in (c) above has not been implemented by the completion date stated in the directed POC, the department shall, as appropriate:

(1) Impose a fine;

(2) Deny the application for a renewal of a registration; or

(3) Revoke the registration in accordance with He-C 402.30.

(e) The department shall offer an opportunity for informal dispute resolution to any registrant who disagrees with an area of noncompliance cited by the department on a statement of findings, provided that the registrant submits a written request for an informal dispute resolution.

(f) The informal dispute resolution shall be requested in writing by the registrant no later than 14 days from the date the statement of findings was issued by the department.

(g) The department shall review the evidence presented and provide a written notice to the registrant of its decision.

(h) An informal dispute resolution shall not be available for any registrant against whom the department has initiated action to impose a fine, suspend, revoke, deny or refuse to issue or renew a registration.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.30 Enforcement Actions and Hearings {#sec-he-c-402.30 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.30}

(a) The department shall impose enforcement actions for violations of RSA 126-X or He-C 402 including:

(1) Imposing administrative fines upon an ATC;

(2) Denying an application for an ATC registration; or

(3) Revocation of a registration certificate.

(b) When taking enforcement action against an applicant or registrant, the department shall send to the applicant or registrant a written notice that sets forth:

(1) The action to be taken by the department;

(2) The reasons for the proposed action;

(3) The right of an applicant or registrant to a hearing in accordance with RSA 541-A:30, III, or He-C 200, as applicable, before the enforcement action becomes final; and

(4) The automatic reduction of a fine by 25% if the fine is paid within 10 days of the date on the written notice from the department and the area of noncompliance has been corrected, or a POC has been accepted and approved by the department.

(1) For a failure to cease operations after a registration is revoked or after receipt of an order to cease and desist immediately, in violation of RSA 126-X:7, VII and VIII, and RSA 541-A:30, the fine for an applicant or an ATC shall be $2000.00 for each day operations continue following the effective date of the order of revocation or the issuance of the cease and desist order;

(2) For violating the advertising restrictions or requirements of He-C 402.23, the fine for an applicant or ATC shall be $2000.00;

(3) For a failure to submit a renewal application for a registration at least 120 days prior to the expiration date, in violation of He-C 402.06(b), the fine for an ATC shall be $1000.00;

(4) For failure to submit the required annual fee within 30 days of the department’s notice stating the balance due, in violation of He-C 402.04(n), the fine for an ATC shall be $500;

(5) For the use or possession of any chemical prohibited in He-C 402.34, or the use of any chemical not permitted under He-C 402.14(e), the fine shall be $2000.00 for each chemical used or possessed;

(6) For a failure to notify the department of closure or cessation of services at least 60 days prior to the intended closure, in violation of He-C 402.07(p)(1), the fine for an ATC shall be $5000.00;

(7) For a failure to notify the department prior to a change in physical location, in violation of He-C 402.07(c), the fine for an ATC shall be $2000.00 per day from the effective date of the change in location until the date the department learns of the change;

(8) For a failure to allow access by the department to the ATC’s registered premises, programs, services, or records, in violation of He-C 402.28(a), the fine for an applicant or ATC shall be $10,000.00;

(9) For a failure to submit a POC or revised POC, within 21 or 14 days, respectively, of the date on the letter that transmits the statement of findings, in violation of He-C 402.29(b)(2) and (5), the fine for an ATC shall be $1000.00;

(10) For a failure to implement any POC that has been accepted or issued by the department, in violation of He-C 402.29(b)(8), the fine for an ATC shall be $2000.00;

(11) For the commission of any act prohibited under He-C 402.08, the fine for an ATC shall be $2000.00;

(12) For a failure to establish, implement, or comply with ATC policies, as required by He-C 402.09(b), the fine for an ATC shall be $1000.00 per policy not established, implemented, or complied with;

(13) For exceeding inventory capacity, in violation of He-C 402.13, the fine for an ATC shall be $3000.00;

(14) For providing false, misleading, or deceptive information to the department including verbally to agents of the department, on an application, or on any records required to be maintained by the ATC, in violation of He-C 402.32, the fine for an applicant or ATC shall be $5000.00 per offense;

(15) For making false, misleading, or deceptive representations to the public, the fine shall be $1000.00;

(16) For not employing a qualified administrator or for employing an administrator or other personnel who do not meet the qualifications for the position, in violation of He-C 402.31, the fine for an ATC shall be $1000.00;

(17) For engaging an ATC agent who has a felony conviction, in violation of RSA 126-X:8, IV(a), the fine shall be $3000.00;

(18) For failure to notify the department of a reportable incident as required by He-C 402.10(n) and (o) by the required date, the fine shall be $2000.00;

(19) For failure to maintain effective controls against diversion, theft, or loss of cannabis or CIP the fine shall be $5000.00;

(20) For failure to keep accurate records of all cannabis or CIP dispensed to qualifying patients or designated caregivers, transported, or disposed of, the fine shall be $5000.00;

(21) When an inspection determines that a violation of RSA 126-X or He-C 402 has the potential to jeopardize the health, safety, or well-being of a qualifying patient, designated caregiver, ATC agent, or the public, in addition to any other enforcement actions taken by the department, the fines assessed shall be as follows:

a. If the same an area of noncompliance is cited within 2 years of the original an area of noncompliance, an additional fine of $5000.00 shall be imposed; or

b. If the same an area of noncompliance is cited a third time within 5 years of being fined in a. above, an additional fine of $10,000.00 shall be imposed; and

(22) Each day that the individual or ATC continues to be in violation of the provisions of RSA 126-X or He-C 402 shall constitute a separate violation warranting additional fines in accordance with this section.

(d) Payment of any imposed fine to the department shall meet the following requirements:

(1) Payment shall be made in the form of check or money order made payable to the “Treasurer, State of New Hampshire” in the exact amount due;

(2) Money order or certified check shall be required when an applicant or ATC has issued payment to the department by check, and such check was returned for insufficient funds; and

(3) All funds received as fines under this section shall be deposited to the non-lapsing registry identification card and certificate account pursuant to RSA 126-X:11.

(e) The department shall revoke or deny a registration certificate, as applicable, if the department determines that:

(1) An applicant or a registrant violated a provision of RSA 126-X or He-C 402 which poses a risk of harm to a qualifying patient’s, designated caregiver’s, ATC agent’s, or the public’s health, safety, or well-being;

(2) The ATC failed to maintain effective controls against diversion, theft, or loss of cannabis or CIP;

(3) The ATC failed to keep accurate records of all cannabis cultivated, CIP produced, and all cannabis and CIP dispensed to qualifying patients or designated caregivers, transported, stored, or disposed of;

(4) An applicant or registrant has failed to pay an administrative fine or fee imposed by the department;

(5) The applicant, registrant, or any representative or employee of the applicant or registrant:

a. Provides false or misleading information to the department;

b. Prevents, interferes, or fails to cooperate with any inspection or investigation conducted by the department; or

c. Fails to provide requested files or documents to the department;

(6) The registrant failed to implement or continue to implement a POC that has been accepted or imposed by the department in accordance with He-C 402.29(b), (c), and (d);

(7) The registrant is cited a third time under RSA 126-X or He-C 402 for the same violation within 5 years;

(8) Upon inspection, the applicant or registrant’s registered premises or operations are not in compliance with RSA 126-X or He-C 402;

(9) A diversion of cannabis has occurred under circumstances that indicate complicity or negligence on the part of the ATC; or

(10) A corporate officer, a board member, or an executive employee has been convicted of a felony in this or any other state.

(f) An applicant or registrant shall have 30 days after receipt of the notice of enforcement action to request a hearing to contest the action.

(g) If a written request for a hearing is not made pursuant to (f) above, the action of the department shall become final.

(h) The department shall order the immediate suspension of a registration, the cessation of operations, and the transfer of qualifying patients when it finds that the public health, safety, or well-being requires such emergency action in accordance with RSA 541:A-30, III.

(i) If an immediate suspension is upheld, the ATC shall not resume operating until the department determines through inspection that compliance with RSA 126-X and He-C 402 is achieved.

(j) Hearings under this section shall be conducted in accordance with RSA 541-A and He-C 200.

(k) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 126-X, RSA 541-A:30, III, or He-C 402.

(l) An ATC that has had its registration revoked shall not be eligible to apply to be an ATC for a period of 5 years.

(m) If an application for an initial registration is denied pursuant to He-C 402.30(e), the applicant shall not be eligible to apply to be an ATC for a period of 5 years.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.31 Personnel {#sec-he-c-402.31 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.31}

(a) The ATC shall employ a full-time, on-site administrator who shall be responsible for all aspects of the daily operation of the registered premises, except that an ATC that has a separate location for cultivation shall not be required to employ 2 separate administrators, as long as the single administrator splits on-site working hours between all facilities.

(b) Each ATC shall develop a detailed job description for all employees and a volunteer agreement for all volunteers, which includes duties, authority, responsibilities, qualifications, supervision, and physical requirements, if any, of the position.

(d) A NH department of safety state and federal criminal history records check shall be conducted for all prospective ATC agents before they begin working at or for the ATC, except that an ATC may make a conditional offer of employment and allow a person to begin working at or for the ATC while the results of the state and federal criminal history records check are pending, provided that:

(1) Prior to beginning employment or engagement, the person signs a statement stating that the person does not have any felony convictions in this or any other state, and such statement shall be subject to the penalties set forth in RSA 641:3 for unsworn falsification; and

(2) The conditional employment granted shall be revoked immediately if the criminal history records check results show any felony convictions in this or any other state.

(e) The ATC shall notify the department, in writing, of its intent to hire or otherwise engage an ATC agent, as follows:

(1) The ATC shall require the prospective ATC agent to sign the statement in (d)(1) above;

(2) The ATC shall submit a written intent-to-hire notification for the prospective ATC agent after the fingerprinting for the criminal records check described in (g) below has been completed;

(3) The notification shall include the individual’s name, date of birth, position title, date and location of the fingerprinting appointment, and indication that the statement in (d)(1) above has been signed; and

(4) If the submission is complete, the department shall approve the request for conditional employment.

(f) An ATC shall not allow any person to be an ATC agent who has been convicted of a felony.

(g) In order to satisfy the requirement of (d) above:

(1) Prospective ATC agents shall submit directly to the department of safety:

a. A criminal history records release form, as provided by the New Hampshire division of state police, authorizing the release of his or her criminal history record, if any, to the department;

b. A complete set of electronic fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety; and

c. Any associated fee;

(2) The division of state police shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation;

(3) Upon completion of the records check, the division of state police shall release information about any felony convictions to the department;

(4) In the event that the first set of fingerprints is invalid for whatever reason, a second set of fingerprints shall be necessary in order to complete the criminal history records check; and

(5) In the event that, after 2 attempts, the applicant’s electronic fingerprints are invalid due to insufficient pattern:

a. The applicant shall obtain a police clearance from the local police department of each town, city, or county where the applicant has lived during the past 5 years;

b. The applicant shall submit the police clearances obtained in a. above to the division of state police; and

c. The department shall receive from the division of state police the results of the police clearance check process.

(h) Upon receipt of the results of a state and federal criminal history records check, or a police clearance check:

(1) If the results indicate that there are no felony convictions, the department shall provide written notification to the ATC that the individual is permitted to be engaged; or

(2) If the results indicate that there is a felony conviction, the department shall provide written notification to the ATC that the individual is not permitted to be engaged and, if conditionally approved, that the individual shall be terminated immediately.

(i) Annually thereafter, the ATC agent shall sign an affidavit, which states that he or she has not been convicted of a felony.

(j) All agents shall notify the ATC upon conviction of a felony.

(k) ATCs shall create and issue identification badges for each ATC agent who works at the ATC as follows:

(1) The badges shall include the ATC’s registration certificate number, a unique number for each agent, his or her name, and a photo of the agent;

(2) No agent, who has not been issued a badge, shall possess, cultivate, or transport cannabis;

(3) An ATC agent shall wear his or her badge at all times while at the registered premises and when transporting cannabis;

(4) Badges shall be properly displayed by wearing the badge in a plainly visible manner, above the waist;

(5) The agent shall not alter, obscure, damage, or deface the badge in any manner; and

(6) An agent shall return his or her badge to the ATC when no longer employed by, or otherwise engaged with, the ATC.

(l) Within the first 7 days of employment, ATC employees and volunteers shall receive a tour of the ATC and an orientation, the date of which shall be documented, that includes training on the following:

(1) The ATC’s confidentiality policy;

(2) The duties and responsibilities of the position;

(3) Employee security policies, including personal safety and crime prevention techniques;

(4) Emergency procedures, including a disaster plan with procedures for fire or other emergencies;

(5) Procedures to ensure accurate recordkeeping, including inventory protocols, as applicable; and

(6) Alcohol, tobacco, and illicit drug-free workplace policies.

(m) All employees and volunteers shall receive initial and annual training tailored to the roles and responsibilities of their job function. Such training shall be in accordance with ATC policy and shall be documented in the agent’s personnel file.

(n) In addition to the training required by (l) and (m) above, ATC technicians shall have training to include:

(1) Knowledge of all ATC policies for security and tracking the sale of cannabis;

(2) Maintenance of qualifying patient and designated caregiver records;

(3) Knowledge of all labeling and dispensing requirements as described in He-C 402.16 and He-C 402.17; and

(4) Patient educational materials.

(o) Except when transporting cannabis, an ATC agent shall only possess cannabis at the ATC location where he or she is employed. This shall not prohibit an ATC agent who is a qualifying patient or designated caregiver from possessing cannabis outside the ATC as permitted by RSA 126-X.

(p) The following shall apply to volunteers:

(1) Volunteers shall be supervised by an ATC employee;

(2) At no time shall there be more volunteers on the ATC registered premises than is necessary for the efficient operation of the ATC;

(3) Volunteers shall not dispense cannabis; and

(4) Volunteers shall not transport cannabis.

(q) An ATC may hire or engage independent contractors to work at the registered premises of an ATC, but for the purposes of these rules such persons shall be considered ATC employees and shall be subject to the requirements contained in He-C 402 for agents and employees.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

N.H. Code Admin. R. Ann. He-C 402.32 Record Requirements {#sec-he-c-402.32 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.32}

(a) The ATC shall maintain all required records for a minimum of 4 years.

(b) The ATC shall maintain a current and accurate, hardcopy or electronic, record for each qualifying patient, designated caregiver, and visiting qualifying patient that has received services from the ATC.

(c) At a minimum, qualifying patient, designated caregiver, and visiting qualifying patient records shall contain the following:

(1) Identification data, including:

a. The qualifying patient, designated caregiver, and visiting qualifying patient’s name, date of birth, and registry identification number;

b. The name, address, registry identification number, and contact information for the qualifying patient’s designated caregiver, if applicable; and

c. The name, address, and telephone number of the qualifying patient’s certifying medical provider, if provided by the qualifying patient or designated caregiver;

(2) Dispensing documentation for each dispensing transaction, tracked by using the qualifying patient, designated caregiver, or visiting qualifying patient’s registry identification number, to include:

a. The date, amount of cannabis or CIP dispensed, and amount charged;

b. The form of cannabis or CIP dispensed;

c. The strain of cannabis dispensed; and

d. Whether the cannabis was dispensed to the qualifying patient or the designated caregiver;

(3) For qualifying patients who are willing to provide it, the ATC shall document, by the qualifying patient’s registry identification number, any side effects and the effectiveness of the cannabis product used;

(4) Documentation verifying the qualifying patient’s eligibility to purchase cannabis at a reduced cost, if applicable;

(5) Documentation whether an initial intake consultation was conducted with the qualifying patient, designated caregiver, or visiting qualifying patient;

(6) Documentation that educational material was provided to the qualifying patient, designated caregiver, or visiting qualifying patient, on their first visit;

(7) Documentation of any reportable incident involving the qualifying patient, designated caregiver, or visiting qualifying patient;

(8) For qualifying patients, any provider instructions or recommendations, as described in He-C 402.20(f); and

(9) For visiting qualifying patients, the documentation required by He-C 402.20(j)(2), (3), as applicable, and (5) as applicable.

(d) Records in (c) above shall be considered confidential and only be released in accordance with He-C 402.25 and other applicable law.

(e) Records in (c) above shall be safeguarded against loss or unauthorized use or access.

(f) Records shall be retained for 4 years after a qualifying patient is no longer registered as a qualifying patient with the department, except that when the qualifying patient is a minor, records shall be retained until the minor reaches the age of 19, but no less than 4 years after the qualifying patient is no longer registered as a qualifying patient with the department.

(g) The ATC shall arrange for storage of, and access to, records as required by (e) above in the event the ATC ceases operation.

(h) An ATC shall be permitted to disclose a qualifying patient or visiting qualifying patient’s dispensing history to another ATC for the purpose of determining compliance with the dispensing limit of 2 ounces of cannabis every 10 days, pursuant to He-C 402.20(e)(1). Such dispensing history shall be limited to the total amount of usable cannabis dispensed in the prior 10 days.

(i) The ATC shall maintain legible, current, and accurate records for inventory tracking as required by He-C 402.13.

(j) The ATC shall maintain legible, current, and accurate security records as required by He-C 402.24.

(k) The ATC shall maintain personnel records for each ATC agent that include:

(1) The name, address, and contact information for the agent;

(2) A photocopy of the employee’s identification badge;

(3) The written notification from the department indicating that the agent has not been found guilty of a felony in this or any other state and can work for or be otherwise engaged by the ATC;

(4) Documentation of verification of references, for employees and volunteers only;

(5) The initial and annual affidavit signed by the agent stating that the agent has not been found guilty of a felony in this or any other state;

(6) A statement signed by the agent that he or she has received the initial orientation and copies of and training on those elements required by He-C 402.31(l), for employees and volunteers only;

(7) A statement signed annually by the employee and volunteer:

a. That he or she has received annual training on the ATC policies for confidentiality, security, and safety;

b. That he or she has received annual training on the ATC policies and procedures that specifically relate to the agent’s job function(s); and

c. Which includes the date, time, and place of the training, the topics discussed, and the name and title of the trainer.

(8) The resume or completed application for each employee and volunteer;

(9) A detailed job description for each ATC employee and a volunteer agreement for each volunteer which shall include duties, authority, responsibilities, qualifications, supervision, and physical requirements, if any;

(10) A record of any disciplinary actions;

(11) A copy of a valid and current driver’s license if the employee transports cannabis, and proof of insurance if the transport is to be done in the employee’s own vehicle; and

(12) Documentation of annual performance evaluations, for employees only.

(l) Personnel records shall be kept for a minimum of 4 years after the agent is no longer associated with the ATC.

(m) The ATC shall maintain documentation for all employees and volunteers of the dates and times worked.

(n) The ATC shall maintain documentation of any reportable incident as required by He-C 402.10(n) and (o).

(o) The ATC shall maintain access documentation in accordance with He-C 402.24(e).

(p) The ATC shall maintain business records, which shall include manual or computerized records of:

(1) Assets and liabilities;

(2) Monetary transactions;

(3) Books of accounts, which shall include journals, ledgers, and supporting documents, agreements, checks, invoices, and vouchers; and

(4) Salary and wages paid to each employee, stipend paid to each board member, and any executive compensation, bonus, benefit, or item of value paid to any individual affiliated with an ATC, including members of the non-profit corporation.

(q) The ATC shall be able to document verification of compliance with all rules contained in He C 402 capable of documentation.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

N.H. Code Admin. R. Ann. He-C 402.33 Fire Safety and Emergency Preparedness {#sec-he-c-402.33 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.33}

(a) The ATC shall comply with all federal, state, and local laws, rules, codes, and ordinances for:

(1) Buildings;

(2) Health;

(3) Fire; and

(4) Waste disposal.

(b) The ATC shall have all entrances and exits to the registered premises accessible at all times.

(d) All supplies shall be stored in enclosed storage areas or other areas appropriate for such storage provided that corridors, emergency routes, and exits are not blocked or otherwise compromised and such storage is compliant with the applicable chapter of the NFPA 101, as incorporated in He-C 402.05(c)(12)a.4.

(e) All corridors shall be free from obstruction.

(f) Cleaning solutions, compounds, and substances, which might be considered hazardous or toxic materials, as defined in RSA 147-A:2, VII, shall be:

(1) Distinctly labeled and legibly marked so as to identify the contents;

(2) Stored in a place separate from food and supplies; and

(3) Kept in an enclosed section separated from other cleaning materials.

(g) Toxic materials shall not be used in a way that contaminates equipment or in any way that constitutes a hazard to personnel or other persons, or in any way other than in full compliance with the manufacturer's labeling.

(h) The ATC shall, as soon as practicable and no later than 24 hours, notify the department by phone, fax, or e-mail, and in writing within 72 hours, of any fire or situation, excluding a false alarm, that requires the evacuation of the registered premises.

(i) The written notification under (h) above shall include:

(1) The date and time of the incident;

(2) A description of the location and extent of the incident, including any damage;

(3) A description of events preceding and following the incident;

(4) The name of any personnel who required medical treatment as a result of the incident, if applicable; and

(5) The name of the individual the registrant wishes the department to contact if additional information is required.

(j) Flammable gases and liquids shall be stored in metal fire retardant cabinets as required by the department of safety in Saf-C 6000.

(k) Quantities of flammable gases and liquids under 500 milliliters may be retained at the bench work area when directly in use.

(l) If the ATC chooses to produce solvent-based cannabis concentrate using flammable chemicals such as acetone, butane, ethanol, heptane, isopropanol, or propane, it shall be performed under a static free hood, or an electrostatic discharge safe, electrostatic dissipative, or static resistant certified fume hood for use for a class IB flammable liquid such as ethanol or isopropyl alcohol, which shall be certified and inspected in accordance with the manufacturer’s instructions, which shall be at least annually, to meet manufacturer’s stated operational requirements.

(m) A written plan for fire safety, evacuation, and emergencies shall be adopted and available in multiple locations throughout the ATC and shared with the local fire department.

(n) The following shall apply to all fire extinguishers:

(1) All fire extinguishers shall be inspected either manually or by means of an electronic monitoring device or system at least once a month, not exceeding 31 days, by an ATC employee;

(2) All fire extinguishers shall have annual maintenance, not to exceed the date of the previous maintenance inspection, by a qualified individual(s) or company following the manufacturer’s instructions; and

(3) Documentation of monthly inspections and annual maintenance shall be maintained.

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

N.H. Code Admin. R. Ann. He-C 402.34 Prohibited Chemicals {#sec-he-c-402.34 omnilex-key=us-nh-regs-official--agency-he-c--He-C 402.34}

The chemicals listed in Table 402.3 below shall be prohibited from use in the cultivation and processing of cannabis and from being possessed and maintained on the ATC registered premises:

Table 402.3 – Prohibited Chemicals

Chemical Name

CAS¹ Registry Number (or EDF² Substance ID)

ABAMECTIN

65195-56-4 & 65195-55-3

ALDRIN

309-00-2

ARSENIC OXIDE (3)

1327-53-3

ASBESTOS (FRIABLE)

1332-21-4

AZODRIN

6923-22-4

1,4-BENZOQUINONE, 2,3,5,6-TETRACHLORO-

118-75-2

BINAPACRYL

485-31-4

2,3,4,5-BIS (2-BUTENYLENE) TETRAHYDROFURFURAL

126-15-8

BROMOXYNIL BUTYRATE

EDF-186

CADMIUM COMPOUNDS

CAE750

CALCIUM ARSENATE [2ASH3O4.2CA]

7778-44-1

CAMPHECHLOR

8001-35-2

CAPTAFOL

2425-06-1

CARBOFURAN

1563-66-2

CARBON TETRACHLORIDE

56-23-5

CHLORDANE

57-74-9

CHLORDECONE (KEPONE)

143-50-0

CHLORDIMEFORM

6164-98-3

CHLOROBENZILATE

510-15-6

CHLOROMETHOXYPROPYLMERCURIC ACETATE [CPMA]

EDF-183

COPPER ARSENATE

10103-61-4

2,4-D, ISOOCTYL ESTER

25168-26-7

DAMINOZIDE

1596-84-5

DDD

72-54-8

DDT

50-29-3

DI(PHENYLMERCURY)DODECENYLSUCCINATE [PMDS]

EDF-187

1,2-DIBROMO-3-CHLOROPROPANE (DBCP)

96-12-8

1,2-DIBROMOETHANE

106-93-4

1,2-DICHLOROETHANE

107-06-2

DIELDRIN

60-57-1

DIMETHYL SULFOXIDE

67-68-5

4,6-DINITRO-O-CRESOL

534-52-1

DINITROBUTYL PHENOL

88-85-7

ENDRIN

72-20-8

EPN

2104-64-5

ETHYLENE OXIDE

75-21-8

FLUOROACETAMIDE

640-19-7

GAMMA-LINDANE

58-89-9

HEPTACHLOR

76-44-8

HEXACHLOROBENZENE

118-74-1

1,2,3,4,5,6-HEXACHLOROCYCLOHEXANE (MIXTURE OF ISOMERS)

608-73-1

1,3-HEXANEDIOL, 2-ETHYL-

94-96-2

IMIDACLOPRID

138261-41-3

LEAD ARSENATE

7784-40-9

LEPTOPHOS

21609-90-5

MERCURY

7439-97-6

METHAMIDOPHOS

10265-92-6

METHYL PARATHION

298-00-0

MEVINPHOS

7786-34-7

MIREX

2385-85-5

MYCLOBUTANIL

88671-89-0

NITROFEN

1836-75-5

OCTAMETHYLDIPHOSPHORAMIDE

152-16-9

PARATHION

56-38-2

PENTACHLOROPHENOL

87-86-5

PHENYLMERCURIC OLEATE [PMO]

EDF-185

PHOSPHAMIDON

13171-21-6

PYRIMINIL

53558-25-1

SAFROLE

94-59-7

SODIUM ARSENATE

13464-38-5

SODIUM ARSENITE

7784-46-5

2,4,5-Trichlorophenoxyacetic acid

93-76-5

TERPENE POLYCHLORINATES (STROBANE6)

8001-50-1

THALLIUM(I) SULFATE

7446-18-6

2,4,5-TP ACID (SILVEX)

93-72-1

TRIBUTYLTIN COMPOUNDS

EDF-184

2,4,5-TRICHLOROPHENOL

95-95-4

VINYL CHLORIDE

75-01-4

Abamectin

71751-41-2

Acephate

30560-19-1

Acequinocyl

57960-19-7

Acetamiprid

135410-20-7

Aldicarb

116-06-3

Azoxystrobin

131860-33-8

Bifenazate

149877-41-8

Bifenthrin

82657-04-3

Boscalid

188425-85-6

Carbaryl

63-25-2

Carbofuran

1563-66-2

Chlorantraniliprole

500008-45-7

Chlorfenapyr

122453-73-0

Chlorpyrifos

2921-88-2

Clofentezine

74115-24-5

Cyfluthrin

68359-37-5

Cypermethrin

52315-07-8

Daminozide

1596-84-5

DDVP (Dichlorvos)

62-73-7

Diazinon

333-41-5

Dimethoate

60-51-5

Ethoprophos

13194-48-4

Etofenprox

80844-07-1

Etoxazole

153233-91-1

Fenoxycarb

72490-01-8

Fenpyroximate

134098-61-6

Fipronil

120068-37-3

Flonicamid

158062-67-0

Fludioxonil

131341-86-1

Hexythiazox

78587-05-0

Imazalil

35554-44-0

Imidacloprid

138261-41-3

Kresoxim-methyl

143390-89-0

Malathion

121-75-5

Metalaxyl

57837-19-1

Methiocarb

2032-65-7

Methomyl

16752-77-5

Methyl parathion

298-00-0

MGK-264

113-48-4

Myclobutanil

88671-89-0

Naled

300-76-5

Oxamyl

23135-22-0

Paclobutrazol

76738-62-0

Permethrins

52645-53-1

Phosmet

732-11-6

Piperonyl butoxide

51-03-6

Prallethrin

23031-36-9

Propiconazole

60207-90-1

Propoxur

114-26-1

Pyrethrins

8003-34-7

Pyridaben

96489-71-3

Spinosad

168316-95-8

Spiromesifen

283594-90-1

Spirotetramat

203313-25-1

Spiroxamine

118134-30-8

Tebuconazole

80443-41-0

Thiacloprid

111988-49-9

Thiamethoxam

153719-23-4

Trifloxystrobin

141517-21-7

1 CAS – Chemical Abstracts Service; 2 EDF – Environmental Defense Fund

History

#10731, eff 11-25-14; ss by #12653, eff 11-1-18

Part He-C 403 Therapeutic Cannabis Medical Oversight Board

N.H. Code Admin. R. Ann. He-C 403.01 Purpose and Scope {#sec-he-c-403.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 403.01}

(a) This part shall apply to the conduct of public hearings held by the therapeutic cannabis medical oversight board in order to receive input from the public regarding qualifying medical conditions for the therapeutic use of cannabis under RSA 126-X:1, IX, prior to making a recommendation to the commissioner to add, remove, or change such condition(s).

(b) This rule shall not limit the ability of the board, or its members, to engage directly with the New Hampshire legislature, including the legislature’s members, committees, or subcommittees thereof, on the subject of a qualifying medical condition(s), including making recommendations for adding, removing, or changing such condition(s).

History

#12947, eff 12-20-19

N.H. Code Admin. R. Ann. He-C 403.02 Definitions {#sec-he-c-403.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 403.02}

(a) “Commissioner” means the commissioner of the New Hampshire department of health and human services, or his or her designee.

(b) “Department” means the New Hampshire department of health and human services.

(c) “Therapeutic cannabis medical oversight board (board)” means the entity authorized by RSA 126-X:12 to monitor and contribute to the oversight of the clinical, quality, and public health related matters of the use of cannabis for therapeutic purposes.

(d) “Qualifying medical condition” means “qualifying medical condition” as defined in RSA 126-X:1, IX.

History

#12947, eff 12-20-19

N.H. Code Admin. R. Ann. He-C 403.03 Notice of the Public Hearing {#sec-he-c-403.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 403.03}

(a) Notice of a public hearing shall be provided:

(1) On the board’s website at www.dhhs.nh.gov/tcmob; and

(2) At least 10 calendar days in advance of the hearing.

(b) The notice in (a) above shall include, at a minimum:

(1) The date, time, and location of the hearing;

(2) The reason for the hearing, including the specific medical condition(s) under consideration; and

(3) The date that the written comment period shall close, which shall be at least 5 business days after the hearing.

History

#12947, eff 12-20-19

N.H. Code Admin. R. Ann. He-C 403.04 Conduct of the Public Hearing {#sec-he-c-403.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 403.04}

(a) A record of the public hearing shall be kept by electronic recording or other method that will provide a verbatim record.

(b) The presiding officer at the hearing shall be the board chairperson, the alternate chairperson, or an individual designated by the board chairperson to preside at the hearing.

(c) The presiding officer shall open the hearing by describing in general terms the purpose of the hearing and the procedures governing its conduct.

(d) After giving opening statements described in (c) above, the presiding officer shall accept and receive testimony from persons attending the hearing.

(e) Testimony at the hearing shall meet the following requirements:

(1) Persons wishing to submit written testimony or exhibits at the hearing shall submit such to the presiding officer, provided the testimony or exhibits are signed and dated by the individual submitting it;

(2) Persons wishing to provide oral testimony at the hearing shall submit, in writing, to the presiding officer the person’s name and, if applicable, the name of the organization or entity that the person represents;

(3) The presiding officer shall call each person to present testimony; and

(4) The presiding officer shall rule any comments, questions, or discussions that the presiding officer determines irrelevant to the subject of the hearing to be out of order, and shall proceed to the next person providing testimony.

(f) During the course of public testimony, board members may:

(1) Ask questions of persons providing testimony; and

(2) Answer questions posed by persons providing testimony.

(g) When the presiding officer determines that no person has further questions or comments that are relevant to the subject of the hearing, or that the time allotted for the hearing has passed, the presiding officer shall close the hearing.

APPENDIX

Rule

Specific State Statute the Rule Implements

He-C 401.01

RSA 126-X

He-C 401.02

RSA 126-X:1

He-C 401.03

RSA 126-X:2, IV(a)-(b); RSA 126-X:3, V

He-C 401.04

RSA 126-X:4, I

He-C 401.04(a)(6)n.

RSA 126-X:4, VI

He-C 401.04(a)(7)n.

RSA 126-X:4, VI

He-C 401.04(a)(8)

RSA 126-X:4, I(h); RSA 126-X:3, VI; RSA 318-B:26, IX-a

He-C 401.04(a)(9)

RSA 126-X:4, I(h); RSA 126-X:3, VI; RSA 318-B:26, IX-a

He-C 401.04(b)(3)

RSA 126-X:1, X

He-C 401.05

RSA 126-X:4, II

He-C 401.05(a)(3)

RSA 126-X:1, VI(b)

He-C 401.05(a)(4)l.

RSA 126-X:4, VI

He-C 401.05(a)(6)

RSA 126-X:5, II(f); RSA 126-X:3, VI; RSA 318-B:26, IX-a

He-C 401.05(a)(7)

RSA 126-X:5, II(f); RSA 126-X:3, VI; RSA 318-B:26, IX-a

He-C 401.05(b)-(d)

RSA 126-X:4, II-a

He-C 401.06

RSA 126-X:1, VII(a), VIII, XVII

He-C 401.06(b)(4)a.

RSA 326-B:2, XII(b); RSA 329:1-d, II

He-C 401.06(b)(5)b.

RSA 126-X:4, V(b)

He-C 401.06(b)(6)

RSA 126-X:6, VI

He-C 401.06(e)

RSA 126-X:8, XVIII

He-C 401.06(f)-(g)

RSA 126-X:4, IX(b)

He-C 401.06(h)-(k)

RSA 126-X:4, I(a)-(b)

He-C 401.07

RSA 126-X:1, XVII

He-C 401.08

RSA 126-X:4, I, II, II-a, and V

He-C 401.08(c)(10)

RSA 126-X:3, VI; RSA 318-B:26, IX-a

He-C 401.09

RSA 126-X:4, I, II, and II-a

He-C 401.10

RSA 126-X:4, I-IV

He-C 401.11

RSA 126-X:4, I-IV

He-C 401.11(e)(2)

RSA 126-X:4, IX(b)

He-C 401.12

RSA 126-X:4, III; RSA 126-X:3, VI-VII; RSA 126-X:6, I(c)

He-C 401.13

RSA 126-X:4, IX

He-C 401.13(f)

RSA 126-X:4, XII; RSA 126-X:2, XIV(b)-(c)

He-C 401.14

RSA 126-X:4, I(b); RSA 126-X:6: I(d); RSA 126-X:4, IX(f)

He-C 401.15

RSA 126-X:4, XI; RSA 126-X:10, VI

He-C 401.15(b)(5)

RSA 126-X:4, VII(a)(2)

He-C 401.15(b)(6)

RSA 126-X:10

He-C 401.15(d)

RSA 126-X:4, II(g)

He-C 401.16

RSA 126-X:1, XVI; RSA 126-X:1, VII(b); RSA 126-X:2, V

He-C 401.17

RSA 541-A:22, IV

He-C 401.18

RSA 126-X:6, I(c)

He-C 402.01 – 402.03

RSA 126-X

He-C 402.03

RSA 126-X:1

He-C 402.04

RSA 126-X:6, III(a)(14); RSA 126-X:7, IV(a); RSA 126-X:7, V

He-C 402.05

RSA 126-X:7, IV(a); RSA 126-X:7, IX

He-C 402.06

RSA 126-X:6, III(a)(1); RSA 126-X:7, V; RSA 126-X:7, IX

He-C 402.07

RSA 126-X:6, III(a)(2)

He-C 402.08

RSA 126-X:3

He-C 402.09

RSA 126-X:6, III(a)(2)

He-C 402.10

RSA 126-X:6, III(a)(2)

He-C 402.11

RSA 126-X:2, IX(a)-(b); RSA 126-X:8, XV(b); RSA 126-X:8, XIV

He-C 402.12

RSA 126-X:8, XV(a)

He-C 402.13

RSA 126-X:8, VIII

He-C 402.14

RSA 126-X:7, IV(a)(8); RSA 126-X:8, X, XV(c)

He-C 402.15

RSA 126-X:6, III(a)(5); RSA 126-X:7, IV(a)(9), IV(c)(5)

He-C 402.15(q)

RSA 126-X:2, XV

He-C 402.16

RSA 126-X:1, III, XV

He-C 402.17

RSA 126-X:6, III(a)(5), III(b)

He-C 402.18

RSA 126-X:6, III(a)(5)

He-C 402.19

RSA 126-X:6, III(a)(9); RSA 126-X8, XIV(b); RSA 126-X:8, XVI(a)

He-C 402.20

RSA 126-X:2, V; RSA 126-X:2, IX(c); RSA 126-X:6, VII; RSA 126-X:8, VII(b); RSA 126-X:8, XIII; RSA 126-X:8, XV(b)(4)

He-C 402.21

RSA 126-X:8, XVI(b)-(c)

He-C 402.22

RSA 126-X:8, VII(a)

He-C 402.23

RSA 126-X:6, III(a)(12); RSA 126-X:8, XVI(a)

He-C 402.24

RSA 126-X:6, III(a)(3); RSA 126-X:7, IV(a)(5), (c)(7); RSA 126-X:8, III

He-C 402.25

RSA 126-X:6, III(b); RSA 126-X:7, IV(c)(6), IX; RSA 126-X:8, XVI(b)

He-C 402.26

RSA 541-A:22, IV

He-C 402.27

RSA 126-X:6, III(a)(2), (a)(11)

He-C 402.28

RSA 126-X:6, III(a)(iii); RSA 126-X:7, IX

He-C 402.29

RSA 126-X:6, III(a)(2)

He-C 402.30

RSA 126-X:6, III(a)(2), (a)(10); RSA 126-X:7, VII-VIII

He-C 402.31

RSA 126-X:6, III(a)(8); RSA 126-X:8, IV, IV-a, V, XVII

He-C 402.32

RSA 126-X:7, IV(a)(13), IX; RSA 126-X:8, VI-VII; RSA 126-X:8, XVII(c)

He-C 402.33

RSA 126-X:6, III(a)(2), (a)(6)

He-C 402.34

RSA 126-X:7, IV(a)(9), IV(c)(5)

He-C 403.01 – 403.04

RSA 126-X:12, V

History

#12947, eff 12-20-19

Chapter He-C 500 Public Health and Safety

Part He-C 501 Scheduling of Substances

N.H. Code Admin. R. Ann. He-C 501.01 Purpose {#sec-he-c-501.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 501.01}

The purpose of these rules is to outline the procedures for adding, deleting, or rescheduling substances by the department of health and human services (DHHS) in accordance with RSA 318-B.

History

#6743, eff 4-30-98; EXPIRED: 4-30-06
#8637, eff 5-26-06; ss by #10660, eff 8-23-14

N.H. Code Admin. R. Ann. He-C 501.02 Definitions {#sec-he-c-501.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 501.02}

(a) “Commissioner” means the commissioner of the New Hampshire department of health and human services, or his or her designee.

(b) “Controlled drug analog” means “controlled drug analog” as defined in RSA 318-B:1, VI-a.

(d) “Department” means “department” as defined in RSA 318-B:1, VII-a.

(e) “Substance” means any matter which has a chemical constitution.

History

#6743, eff 4-30-98; EXPIRED: 4-30-06
#8637, eff 5-26-06; ss by #10660, eff 8-23-14

N.H. Code Admin. R. Ann. He-C 501.03 Scheduling of Substances {#sec-he-c-501.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 501.03}

(a) Substances that are designated, rescheduled, or deleted as controlled drugs or controlled drug analogs pursuant to 21 CFR 1308.11-15 shall be recognized as a controlled substance by the commissioner in accordance with RSA 318-B:1-a, V.

(b) If the commissioner does not object to the inclusion, rescheduling, or deletion of a substance under federal law within 30 days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, such final order shall become immediately effective under RSA 318-B.

(c) If the commissioner wishes to designate, reschedule, or delete a substance other than as described in (a) above, the commissioner shall:

(1) Comply with RSA 318-B:1-a, I-III; and

(2) Hold a public hearing as described in He-C 501.04.

(d) If the commissioner objects to the designation, rescheduling, or deletion of a substance under federal law, then the substance shall be designated, rescheduled, or deleted from the state schedule in accordance with RSA 318-B:1-a, V, after:

(1) A public hearing has been held as described in He-C 501.04; and

(2) The commissioner’s final decision is published as described in He-C 501.05.

(e) Publication of the controlled substances schedules of the department shall be in accordance with RSA 318-B:1-a, VIII.

History

#6743, eff 4-30-98; EXPIRED: 4-30-06
#8637, eff 5-26-06; ss by #10660, eff 8-23-14

N.H. Code Admin. R. Ann. He-C 501.04 Public Notice and Hearings {#sec-he-c-501.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 501.04}

(a) In accordance with RSA 318-B:1-a, III and V, a public hearing shall be held to obtain public comment from all interested parties when the commissioner wishes to:

(1) Add, delete, or reschedule substances from the state schedule of controlled substances; or

(2) Object to the inclusion, rescheduling, or deletion of a substance under federal law.

(b) Notice of the public hearing shall be provided to the regulatory boards and professional organizations for all entities and professions as listed in RSA 318-B:1-a, III, for distribution to their registrants or members, including:

(1) The pharmacy board;

(2) The board of medicine;

(3) The board of veterinary medicine;

(4) The board of podiatry;

(5) The board of nursing;

(6) The board of registration in optometry;

(7) The board of dental examiners; and

(8) Any other board or state agency, or professional entity or organization, as determined by the commissioner, that has an interest in the controlled substance schedule and would want to attend the public hearing.

(d) The public hearing shall not be held earlier than 21 days after the publication of the notice in (b) above.

(e) The notice described in (b) above shall include the following information for public hearings held pursuant to (a)(1) above:

(1) The substance(s) to be scheduled, rescheduled, or deleted;

(2) A brief explanation of the reasons(s) why the substance is to be scheduled, rescheduled, or deleted from the state schedule;

(3) The time, place, and date of the hearing; and

(4) The date of the deadline for submission of written comments.

(f) The notice described in (b) above shall include the following information for public hearings held pursuant to (a)(2) above:

(1) The substance(s) to be scheduled, or rescheduled, or deleted from the state schedule;

(2) The current federal schedule of the substance or an indication that it is not currently scheduled on the federal controlled substance list;

(3) A brief explanation of the reason(s) why the department is objecting to the federal scheduling of the substance or the inaction of the federal government to schedule a substance;

(4) The time, place, and date of the hearing; and

(5) The date of the deadline for submission of written comments.

(g) Oral or written testimony regarding the proposed scheduling shall be taken at the public hearing by a department representative.

(h) The public hearing shall be recorded.

(i) All arguments for or against the proposed scheduling shall be taken into consideration by the commissioner during his/her review of the hearing recording and all written testimony prior to his/her final decision.

(j) The commissioner shall publish his/her final decision as described in He-C 501.05.

History

#6743, eff 4-30-98; EXPIRED: 4-30-06
#8637, eff 5-26-06; ss by #10660, eff 8-23-14

N.H. Code Admin. R. Ann. He-C 501.05 Publication of State Schedule of Controlled Substances {#sec-he-c-501.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 501.05}

All substances scheduled by the commissioner pursuant to He-C 501 shall be published as follows:

(a) By providing a copy of the schedule to the regulatory boards and professional organizations described in He-C 501.04(b) for distribution to their registrants or members; and

(b) By publishing the schedule on the department’s web site, http://www.state.nh.us/dhhs.

History

#6743, eff 4-30-98; EXPIRED: 4-30-06
#8637, eff 5-26-06; ss by #10660, eff 8-23-14

Part He-C 502 Syringe Service Programs

N.H. Code Admin. R. Ann. He-C 502.01 Purpose {#sec-he-c-502.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 502.01}

The purpose of this part is to define the following entities that may register to operate a syringe services program in New Hampshire to prevent the transmission of disease and reduce morbidity and mortality among individuals who inject drugs, and those individuals' contacts.

History

#12624, eff 9-26-18

N.H. Code Admin. R. Ann. He-C 502.02 Definitions {#sec-he-c-502.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 502.02}

(a) “AIDS service organization” means those agencies providing case management and support services to people living with HIV/AIDS.

(b) “Community based organization” means a legal entity, public or private nonprofit, that is representative of a community or significant segment of a community, and engaged in meeting human, health, educational, environmental, or public safety community needs.

(c) “Community health center” means a health center as defined under Section 330 of the Public Health Service Act but does not receive grant funding through the Health Center Program.

(d) “Federally qualified health center” means a health center as defined in section 1905(l)(2)(B) of the Social Security Act, 42 U.S.C. section 1396d(l)(2)(B).

(e) “Public health network” means a Regional Public Health Network contracted through the Department of Health and Human Services.

(f) “Substance misuse support or treatment organization” means organizations with the primary purpose to treat substance use disorders delivered in a variety of settings using levels of care defined by the American Society of Addiction Medicine.

PARTS He-C 503 – He-C 504 - RESERVED

History

#12624, eff 9-26-18

Part He-C 505 Criminal Records and Central Registry Check for Certain Applicants

N.H. Code Admin. R. Ann. He-C 505.01 Purpose {#sec-he-c-505.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 505.01}

(a) The rules in this part describe the procedures to be followed by the department of health and human services (DHHS) in reviewing information on new, transferring or contract staff members of DHHS whose job descriptions would cause them to come into direct contact with children. The names of these individuals will be reviewed against the state central registry of founded child abuse and neglect reports as well as state police criminal records information.

(b) These rules further the department’s commitment to support families and ensure the protection of children and the communities in which they live.

History

#7407, eff 11-21-00, EXPIRED: 11-12-08

N.H. Code Admin. R. Ann. He-C 505.02 Definitions. {#sec-he-c-505.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 505.02}

(a) “Applicant” means any person, including any current or prospective state employee, who is selected for any position in DHHS through any application process, including hiring, promotion, transfer, contract, or demotion.

(b) “Central registry” means the central registry of founded reports of child abuse and neglect as established by and defined under RSA 169-C:35.

(d) “Criminal records” means information relative to conviction for felonies, misdemeanors, or violations maintained by the New Hampshire division of state police as provided for under RSA 106-B:14.

(e) “Director” means the administrator of human resources for DHHS or his or her designee.

History

#7407, eff 11-21-00, EXPIRED: 11-12-08

N.H. Code Admin. R. Ann. He-C 505.03 Conditional Offers of Employment for Certain Positions. {#sec-he-c-505.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 505.03}

(a) For those applicants who have been selected for positions which require direct contact with children as specified in the department’s official job description, any offer of employment made prior to receipt of the results of the central registry and criminal records check shall be a conditional offer of employment.

(b) The condition of employment shall be deemed satisfied only upon one of the following:

(1) Verification from the department of safety, division of state police, that the individual has no criminal record as specified in He-C 505.02(d), and verification from the division for children, youth and families (DCYF) that the applicant’s name does not appear on the central registry as the subject of a founded report of child abuse or neglect; or

(2) A determination pursuant to the provisions of these rules that the applicant does not pose a threat to the safety of children despite the criminal record or central registry information.

History

#7407, eff 11-21-00, EXPIRED: 11-12-08

N.H. Code Admin. R. Ann. He-C 505.04 Procedure for Obtaining Criminal Records from Division of State Police. {#sec-he-c-505.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 505.04}

(a) For each position that requires direct contact with children as specified in the department’s official job description, the current criminal records release authorization form from the division of state police shall be attached to each application for employment and completed by the applicant before submitting the application.

(b) The criminal records release authorization form shall be signed by the applicant and notarized in accordance with RSA 106-B:14, I(c).

(d) Upon receipt of the completed criminal records release authorization form, the director shall submit the form for review by the central repository for criminal records maintained at the New Hampshire division of state police.

(e) The submission of the form to the central repository shall occur within 15 business days after a conditional offer of employment is made.

History

#7407, eff 11-21-00, EXPIRED: 11-12-08

N.H. Code Admin. R. Ann. He-C 505.05 Procedure for Obtaining Central Registry Information from DCYF. {#sec-he-c-505.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 505.05}

(a) For each position that requires direct contact with children as specified in the department’s official job description, the following information shall be included in the application for employment in order to obtain central registry information before the application is considered:

(1) Name;

(2) Birth name;

(3) Date of birth;

(4) Address; and

(5) A specific authorization for the director to receive any information which may be contained in the state central registry of founded child abuse and neglect reports which has been:

a. Signed and dated by the applicant; and

b. Witnessed.

(b) The authorization shall be forwarded by the director to the DCYF central registry administrator who determines whether the applicant is listed in the registry as having been the subject of a founded report of child abuse or neglect.

(c) If the applicant is not listed in the central registry, DCYF shall mark the form “no match” and return it to the director.

(d) If the applicant is listed in the central registry as the subject of a founded report of child abuse or neglect, the form shall be marked as a “match” and returned to the director.

(e) The central registry information shall be returned within 15 business days after a conditional offer of employment is made.

History

#7407, eff 11-21-00, EXPIRED: 11-12-08

N.H. Code Admin. R. Ann. He-C 505.06 Procedure When Criminal or Central Registry History Exists {#sec-he-c-505.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 505.06}

When an applicant has a criminal record or is the subject of a central registry match as described in He-C 505.04 and He-C 505.05, the following shall occur:

(a) The director in consultation with the hiring authority, the administrator of the central registry and the child protection administrator for the DCYF shall conduct an investigation as to whether the applicant poses a risk of danger to children in the position for which the individual has applied or is currently working;

(b) The investigation shall include the following:

(1) A review of the information, specifics and the circumstances of the criminal record or the finding of child abuse or neglect;

(2) An examination of the nature of the position in connection with the existence and frequency of contact with children with the possibility of altering the position so that the applicant will not be in contact with children;

(3) A determination whether an alternative position might be available for the applicant if contact with children is deemed necessary to perform the requirements for the position; and

(4) When the applicant is currently a DHHS employee, a review of other options if the individual will be unavoidably in contact with children, such as demotion, transfer or terminating employment;

(c) The applicant shall be provided, at minimum, with the opportunity to present evidence to the investigators and to show that he/she does not pose a threat to children.

(d) If, after investigation, the director determines that the individual is unsuitable for the position in question, the director shall:

(1) Deny employment to the applicant; or

(2) When the applicant is currently a DHHS employee, terminate, suspend, demote, or transfer the individual, or allow the individual to remain in the current position pending implementation of an approved corrective action plan, according to the following circumstances:

a. Terminate the employee if the individual’s skills and qualifications do not meet the department's requirements in any other position which does not include contact with children;

b. Terminate the employee when the applicant currently holds a position involving contact with children and the criminal records or central registry check reveals a criminal record or finding of child abuse or neglect;

c. Terminate the employee if, after the individual has transferred into the new position pursuant to He-C 505.03:

A criminal history record or finding of child abuse or neglect is discovered; and
The position previously held by the employee has been filled;

d. Suspend the employee without pay if there is the possibility of obtaining another position in another location or office that does not involve contact with children, and that position will become available within 3 months;

e. Demote the employee if there is a position available in another location or office which does not involve contact with children but is a lower labor grade;

f. Transfer the employee when there is a position which does not involve contact with children in another DHHS location or office for which the employee qualifies;

g. If the applicant currently holds a position that does not involve contact with children, allow that individual to remain in the current position; and

h. If the applicant currently holds a position that involves contact with children, and the department determines that the nature of the crime committed does not warrant action permitted under He-C 505.06(d)(l) or (2)a.-f., the applicant shall be permitted to remain in the position provided that the applicant develops and implements a corrective action plan in accordance with the provisions set forth below:

A description of the nature of the crime committed; and
A statement as to what steps the applicant has taken to address that behavior.

(e) For applicants who submitted a corrective action plan pursuant to (d)(2)h. above, if the department determines the corrective action plan is insufficient to prevent a recurrence of the previous criminal behavior, the department shall take further action based on (d)(2)a.-h.

History

#7407, eff 11-21-00, EXPIRED: 11-12-08

N.H. Code Admin. R. Ann. He-C 505.07 Confidentiality {#sec-he-c-505.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 505.07}

(a) All applicant and employee information obtained under this part shall be subject to department of personnel rules regarding confidentiality pursuant to Per 1500, except as specified in (b) below.

(b) In accordance with RSA 170-G:8-c, VII and RSA 106-B:14, prior to transfer of an employee’s personnel records to any other state department, any information obtained from the division of state police or central registry shall be destroyed.

APPENDIX

RULE

STATUTE

He-C 501.01 through He-C 501.03

RSA 318-B:1-a

He-C 501.04

RSA 318-B:1-a, III

He-C 501.05

RSA 318-B:1-a, III

He-C 502.01

RSA 318-B:43, I

He-C 502.02

RSA 318-B:43, I

He-C 505.02

RSA 170-G:8-c, I, II, III and VI

He-C 505.03

RSA 170-G:8-c, IV

He-C 505.04

RSA 170-G:8-c, I and II

He-C 505.05

RSA 170-G:8-c, I and III

He-C 505.06

RSA 170-G:8-c, IV and V

He-C 505.07

RSA 170-G:8-c, VII

History

#7407, eff 11-21-00, EXPIRED: 11-12-08

Chapter He-C 700 Involuntary Civil Commitment of Sexually Violent Predators

Part He-C 701 Assessment and Evaluation of Persons Eligible for Involuntary Civil Commitment as Sexually Violent Predators

N.H. Code Admin. R. Ann. He-C 701.01 Purpose {#sec-he-c-701.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 701.01}

The purpose of these rules is to define the standards and procedures by which a person convicted of a sexually violent offense who is eligible for release from total confinement is assessed and evaluated by a multidisciplinary team to determine if the person meets the definition of sexually violent predator.

History

#8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07, EXPIRED: 6-30-15
#12593, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12715, eff 1-23-19

N.H. Code Admin. R. Ann. He-C 701.02 Definitions {#sec-he-c-701.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 701.02}

(a) “Agency with jurisdiction” means “agency with jurisdiction” as defined in RSA 135-E:2, I, namely “the agency that releases, upon lawful order or authority, a person who is serving a sentence in the custody of the department of corrections, or a person who was involuntarily committed upon a finding that the person was not guilty by reason of insanity or incompetent to stand trial.”

(b) “Commissioner” means the commissioner of the department of health and human services, or his or her designee.

(c) “Convicted of a sexually violent offense” means “convicted of a sexually violent offense” as defined in RSA 135-E:2, III, namely “a person who has been:

(a) Adjudicated guilty of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere;

(b) Adjudicated not guilty by reason of insanity of a sexually violent offense; or

(c) Found incompetent to stand trial on a charge of a sexually violent offense and the court makes the finding required pursuant to RSA 135-E:5.”

(d) “Court” means “court” as defined in RSA 135-E:2, IV, namely “the superior court in the county where that person was last convicted of a sexually violent offense, or if the person is in custody on an out-of-state or federal sexually violent offense the county where the person plans to reside upon release or, if no residence in this state is planned, in the county where the facility from which the person to be released is located.”

(e) “Department” means the department of health and human services.

(f) “Likely to engage in acts of sexual violence” means “likely to engage in acts of sexual violence” as defined in RSA 135-E:2, VI, namely “the person’s propensity to commit acts of sexual violence is of such a degree that the person has serious difficulty in controlling his or her behavior as to pose a potentially serious likelihood of danger to others.”

(g) “Mental abnormality” means “mental abnormality” as defined in RSA 135-E:2, VII, namely “a mental condition affecting a person’s emotional or volitional capacity which predisposes the person to commit sexually violent offenses.”

(h) “Multidisciplinary team (MDT)” means the group established by the commissioner pursuant to He-C 701.03 for the purpose of assessing and evaluating whether a person convicted of a sexually violent offense who is eligible for release from total confinement meets the definition of sexually violent predator.

(i) “Person” means an individual 18 years of age or older who is a potential or actual subject of proceedings under RSA 135-E.

(j) “Personal interview” means the interview of the person by a qualified member of the MDT pursuant to RSA 135-E:3, V(b) that might include assessment tests or evaluative instruments administered by a qualified member of the team.

(k) “Sexually motivated” means “sexually motivated” as defined in RSA 135-E:2, X, namely “that one of the purposes for which the defendant committed the crime was for sexual gratification.”

(l) “Sexually violent offense” means “sexually violent offense” as defined in RSA 135-E:2, XI, namely:

“(a) Capital murder in violation of RSA 630:1, I(e);

(b) First degree murder in violation of RSA 630:1-a, I(b)(1);

(d) Felonious sexual assault in violation for RSA 632-A:3, III;

(e) Kidnapping in violation of RSA 633:1, I(d), where the offender confined the victim with the purpose to commit sexual assault against the victim;

(f) Burglary in violation of RSA 635:1, I, where the offender entered a building or occupied structure with the purpose to commit sexual assault;

(g) An attempt, criminal solicitation, or conspiracy, to commit any of the offenses listed above; or

(h) A violation of any other statute prohibiting the same conduct as the offenses listed above in another state, territory, or possession of the United States.”

(m) “Sexually violent predator” means “sexually violent predator” as defined in RSA 135-E:2, XII, namely “any person who:

(a) Has been convicted of a sexually violent offense; and

(b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.

(n) “Total confinement” means “total confinement” as defined in RSA 135-E:2, XIII, namely “that the person is being held in any physically secure facility being operated by or contractually operated for the department of corrections. A person shall also be deemed to be in total confinement for applicability of provisions under this chapter if the person is serving an incarcerative sentence under the custody of the department of corrections. A person is not subject to total confinement if the person is subject to an incarcerative sentence or other custody in a secure facility but has contact with the community, such as through work release, a halfway house, or other supervised or unsupervised release into the community.”

History

#8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07, EXPIRED: 6-30-15
#12593, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12715, eff 1-23-19

N.H. Code Admin. R. Ann. He-C 701.03 Multidisciplinary Teams {#sec-he-c-701.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 701.03}

(a) The purpose of an MDT shall be to assess and evaluate whether a person convicted of a sexually violent offense who is eligible for release from total confinement meets the definition of sexually violent predator.

(b) Upon receipt by the department of a written request pursuant to He-C 701.04 for the assessment and evaluation of a person, the commissioner shall establish an MDT to assess and evaluate the person referred.

(1) An employee of the department appointed by the commissioner; and

(2) One of the following:

a. Two psychiatrists with the qualifications specified in (e) below;

b. Two psychologists with the qualifications specified in (f) below; or

c. One psychiatrist and one psychologist with the qualifications specified in (e) and (f) below, as applicable.

(d) The employee of the department appointed by the commissioner shall:

(1) Serve as chairperson of an MDT; and

(2) Have knowledge of:

a. The provisions of RSA 135-E and RSA 632-A, and any other relevant New Hampshire statutes and the administrative rules promulgated thereunder;

b. The programs provided by the department and the department of corrections for persons who have committed sexually violent offenses and are held in total confinement, including, but not limited to, the standards for admissions to such programs and the services provided;

c. The role and functions of the MDT and its members; and

d. The budget for the MDT.

(e) A psychiatrist designated by the commissioner to serve on an MDT shall:

(1) Be certified by the American Board of Psychiatry and Neurology;

(2) Have at least 3 years of experience in the evaluation and treatment of sexual offenders, including:

a. Experience in diagnosing and assessing re-offense risk; and

b. Experience in interpreting instruments used for evaluating violent sexual offenders; and

(3) Be licensed by the appropriate licensing board or entity in the state in which he or she currently practices.

(f) A psychologist designated by the commissioner to serve on an MDT shall:

(1) Hold a doctoral degree from a program approved by the American Psychological Association;

(2) Have at least 3 years of experience in the evaluation and treatment of sexual offenders, including:

a. Experience in diagnosing and assessing re-offense risk and psychopathy; and

b. Experience in administering and interpreting instruments used for evaluating violent sexual offenders; and

(3) Be licensed by the appropriate licensing board or entity in the state in which he or she currently practices.

(g) In order to facilitate the requested assessment and evaluation in a timely manner:

(1) The MDT may use teleconferencing or any other telecommunications processes to conduct any or all of its work, except that the personal interview shall be conducted in person, as described in He-C 701.07(d);

(2) The department shall provide administrative support to the MDT; and

(3) The attorney general shall serve as legal counsel to the MDT, pursuant to RSA 135-E:3, I.

(h) The meetings and work of any MDT shall not be open to the public.

(i) Records, reports, and proceedings of the MDT shall be confidential and shall be exempt from the provisions of RSA 91-A, except as provided in RSA 135-E:15, pursuant to RSA 135-E:3, VI.

(j) All deliberations and written documentation of the deliberations of the MDT, except for the team’s final report submitted pursuant to He-C 701.07, shall be confidential, unless otherwise ordered by the court.

(k) Pursuant to RSA 135-E:15, III, a report of the multidisciplinary team shall be available to the public only after the court has determined that probable cause exists pursuant to RSA 135-E:7.

(l) The commissioner shall have the responsibility of assuring that each MDT carries out its duties pursuant to statute and this chapter, but the commissioner shall have no authority with respect to the determinations and decisions of an MDT.

History

#8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07, EXPIRED: 6-30-15
#12593, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12715, eff 1-23-19

N.H. Code Admin. R. Ann. He-C 701.04 Request that a Multidisciplinary Team Assess and Evaluate a Person {#sec-he-c-701.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 701.04}

(a) Pursuant to RSA 135-E:3, III, the county attorney, the attorney general, or the agency with jurisdiction may request that the MDT assess and evaluate a person to determine if the person meets the definition of sexually violent predator.

(b) The request to the MDT in (a) above shall:

(1) Be made in writing; and

(2) Include the following information about the person:

a. Personal information shall include:

Full name;
Current age;
Date of birth; and
Unique personal identification number assigned by the agency with jurisdiction;

b. Information about the offense(s) giving rise to the request in (a) above shall include:

RSA reference and crime descriptor;
Copy of the indictment(s);
Disposition of charges;
Sentence(s), where applicable;
Prosecuting entity; and
Court of conviction; and

c. Total confinement information shall include:

Place of total confinement;
Date(s) of incarceration or admission to the secure psychiatric unit or the New Hampshire hospital, as applicable;
Minimum parole date and maximum date of release, if applicable; and
Anticipated date of release from total confinement, if applicable.

(c) The request to the MDT in (a) above may include any other information relevant to a determination of whether the person meets the definition of sexually violent predator, including, but not limited to, the information and documents described in He-C 701.05(a).

(d) The request to the MDT in (a) above, and any other information pursuant to (c) above, shall be delivered to the department at the following address:

Chairperson

RSA 135-E Multidisciplinary Team

Department of Health and Human Services

36 Clinton Street

Concord, NH 03301-3857

History

#8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07, EXPIRED: 6-30-15
#12593, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12715, eff 1-23-19

N.H. Code Admin. R. Ann. He-C 701.05 Information and Documentation to be Provided to the Multidisciplinary Team {#sec-he-c-701.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 701.05}

(a) Upon receipt of the written request for assessment and evaluation pursuant to He-C 701.04, the MDT shall provide written notice of the request to the agency with jurisdiction and request that the agency provide the MDT with the following information about the person, including copies of all relevant documents, by the date specified in the written notice:

(1) Name;

(2) Date of birth;

(3) Unique personal identification number assigned by the agency with jurisdiction;

(4) Identifying physical characteristics;

(5) Anticipated future residence and type of community supervision in the event that the person is released from total confinement, if known;

(6) Criminal history, including police reports, victim statements, pre-sentence investigative reports, post-sentence investigative reports, and any other documents containing information about the person’s criminal incidents;

(7) All clinical and treatment records, including but not limited to:

a. Assessments and evaluations;

b. Mental health records and records related to mental status; and

c. Medical records;

(8) Other institutional records from the period of total confinement;

(9) Records describing treatment, supervision, and conduct for any period during which the person had been released from total confinement; and

(10) Any other information deemed relevant by the MDT that is specified in the MDT’s written request for information.

(b) In the event that the agency with jurisdiction cannot provide the requested information by the date specified, it shall identify the earliest possible date by which the information can be provided.

(c) In the event that the agency with jurisdiction does not have access to the requested information, it shall identify possible sources of such information, if known.

(d) Following receipt of the information specified in (a) above, the MDT shall notify the agency with jurisdiction of any missing or incomplete information.

(e) Upon receipt of the notification in (d), the agency with jurisdiction shall provide the missing materials within 3 business days.

(f) In addition to the information and documents specified in (a) above, at any time during its assessment and evaluation, the MDT may request additional information from the agency with jurisdiction or any other individual or entity provided that the information requested is relevant to the question of whether the person meets the definition of sexually violent predator.

(g) Pursuant to RSA 135-E:15, any individual or entity with relevant information or records that are otherwise confidential or privileged, shall, if requested, provide it to the MDT notwithstanding the confidentiality of the documents and the fact that the person referred to the MDT for assessment and evaluation has not authorized the release of such information or documents.

(h) In order to protect the public, relevant information and records that are otherwise confidential or privileged shall be released to the agency with jurisdiction, to a multidisciplinary team, or to the county attorney or attorney general for the purpose of meeting the notice requirements of this chapter and determining whether a person is or continues to be a sexually violent predator. Restrictions on confidential or privileged communications pursuant to RSA 329:26, RSA 330-A:32, RSA 329-B, or any other statute establishing similar restrictions on confidential or privileged communications shall not apply to releases made under this chapter. A person, agency, or entity receiving information under this section which is confidential shall maintain the confidentiality of that information. Such information does not lose its confidential status due to its release under this section.

(i) Psychological or psychiatric reports, drug and alcohol reports, treatment records, medical records, pre-sentence investigative reports, or victim impact statements that have been submitted to the court or admitted into evidence under this chapter shall be part of the record but shall be sealed and may be opened only pursuant to a court order.

(j) All information and documents described in this section shall be delivered to the department at the following address:

Chairperson

RSA 135-E Multidisciplinary Team

Department of Health and Human Services

36 Clinton Street

Concord, NH 03301-3857

History

#8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07, EXPIRED: 6-30-15
#12593, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12715, eff 1-23-19

N.H. Code Admin. R. Ann. He-C 701.06 Notice to a Person of the Request for Assessment and Evaluation by a Multidisciplinary Team; Personal Interview and Right to Counsel {#sec-he-c-701.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 701.06}

(a) Within 3 business days of receipt of the written request for assessment and evaluation pursuant to He-C 701.04, the MDT shall provide the following to the person referred:

(1) Written notice that he or she has been referred for an assessment and evaluation by the MDT to determine if he or she meets the definition of sexually violent predator for purpose of involuntary civil commitment pursuant to RSA 135-E;

(2) Written notice concerning a possible interview with the MDT stating:

a. That the MDT shall offer the person a personal interview;

b. That the personal interview shall be conducted by at least one MDT member who is a licensed psychiatrist or psychologist;

c. That the personal interview might include administration of assessment tools or evaluative instruments;

d. That the person shall have the right to refuse to participate in a personal interview;

e. That the person shall have the right to consult with counsel prior to participation in the personal interview and that counsel shall be appointed if the person is indigent; and

f. Instructions for obtaining counsel; and

(3) A copy of:

a. The written request to the MDT pursuant to He-C 701.04(b);

b. RSA 135-E; and

c. He-C 701.

(b) The MDT shall provide a copy of the material described in (a) above to the commissioner, the commissioner of the department of corrections, or his or her respective designee, and the New Hampshire public defender, as applicable.

(c) Within 5 business days after receipt of the material in (b) above, the commissioner, the commissioner of the department of corrections, or his or herrespective designee, as applicable, shall contact the person and verify that the person has received the material described in (a) above.

History

#8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07, EXPIRED: 6-30-15
#12593, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12715, eff 1-23-19

N.H. Code Admin. R. Ann. He-C 701.07 Assessment and Evaluation of a Person by a Multidisciplinary Team {#sec-he-c-701.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 701.07}

(a) The MDT shall assess and evaluate each person referred to it pursuant to RSA 135-E:3, V(a) and these rules to determine if the person meets the definition of sexually violent predator.

(b) In conducting its assessment and evaluation, the MDT shall review and consider:

(1) The information and documents provided to the MDT by the agency with jurisdiction pursuant to RSA 135-E:3, IV and He-C 701.05;

(2) Any additional information and documents provided to the MDT at its request pursuant to RSA 135-E:15 and He-C 701.05(f) and (g); and

(3) A personal interview with the person, as provided in (c) below, provided that the person agrees to participate in a personal interview, whether fully or in part, and that the interview produces information that would assist the MDT in determining if the person meets the definition of sexually violent predator.

(d) If the person agrees to participate in the personal interview, at least one member of the MDT who is a licensed psychiatrist or psychologist shall conduct the interview in person.

(e) The members of the MDT who are not conducting the interview may participate in the interview via teleconferencing, as allowed by He-C 701.03(g)(1).

(f) The MDT shall determine that the person has refused to fully participate in the personal interview if the person, or his or her counsel, imposes such constraints or limitations on the scope of the interview that, in the judgment of the MDT, it is likely that the interview would not produce information that would assist the MDT in determining if the person meets the definition of sexually violent predator.

(g) Pursuant to RSA 135-E:3, V(b), if the person refuses to fully participate in a personal interview, the MDT may proceed with its recommendation without a personal interview of the person.

(h) To assist the MDT in the performance of its responsibilities under (a) above, at any time during its assessment and evaluation, the team may request additional relevant information from the agency with jurisdiction, the entity that referred the person for assessment and evaluation, or any other individual or entity.

(i) Following its review and consideration of the information described in (b) above, the MDT shall, on the basis of such information, determine whether or not the person meets the definition of sexually violent predator.

(j) The MDT shall not decide that a person meets the definition of sexually violent predator unless all its members agree that the person meets the definition.

(k) If the MDT is unable to determine that each element of the definition of sexually violent predator is met, it shall find that the person is not a sexually violent predator.

(l) The MDT shall prepare a written report of its decision within 4 months after receiving the request for an assessment and evaluation. The written report shall be provided to the county attorney or attorney general, and to the attorney representing the person.

(m) The report shall include:

(1) Identification of members of the MDT and the dates that the MDT met;

(2) Description of the assessment and evaluation conducted by the MDT, including:

a. A summary of information and documents reviewed;

b. Whether a personal interview was conducted; and

c. A list of the assessment and evaluative instruments completed or administered by the MDT, if any.

(3) The MDT’s determination as to whether or not the person had been convicted of a sexually violent offense, and the reasons for its determination;

(4) The MDT’s determination as to whether or not the person suffers from a mental abnormality or personality disorder, the identification of the mental abnormality or personality disorder, and the reasons for its determination;

(5) The MDT’s determination as to whether the diagnosed mental abnormality or personality disorder identified in (4) above makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment, and the reasons for its determination; and

(6) The MDT’s determination as to whether or not the person meets the definition of a sexually violent predator, and the reasons therefore.

(n) The report of the MDT in (l) shall be:

(1) Signed by all members of the MDT; and

(2) Sent to the entity that requested the assessment and evaluation pursuant to He-C 701.04 and within the timeframe established by RSA 135-E:3, V(c) or RSA 135-E:4, III.

(o) The department shall physically maintain in a secure manner the materials provided to it and created by it for its assessment and evaluation, as follows:

(1) If the person is determined by the MDT not to meet the definition of sexually violent predator, then the department shall physically maintain in a secure manner the request in He-C 701.04(b) and a copy of the report in (l) and (m) above; and

(2) If the person is determined by the MDT to meet the definition of sexually violent predator and a petition for the person’s commitment is filed, then the department shall physically maintain in a secure manner:

a. All materials until the final disposition of the petition filed pursuant to RSA 135-E:6; and

b. The request in He-C 701.04(b) and a copy of the report in (l) and (m) above.

History

#8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07, EXPIRED: 6-30-15
#12593, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12715, eff 1-23-19

Part He-C 702 Treatment Plan Components for Sexually Violent Predators -Expired

N.H. Code Admin. R. Ann. He-C 702.01 Purpose {#sec-he-c-702.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 702.01}

The purpose of these rules is to establish the components of the basic treatment plan for those persons involuntarily committed under RSA 135-E as sexually violent predators.

History

#8889, INTERIM, eff 6-4-07, EXPIRES: 12-1-07; ss by #8984, eff 9-21-07, EXPIRED: 9-21-15

N.H. Code Admin. R. Ann. He-C 702.02 Definitions {#sec-he-c-702.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 702.02}

The words and phrases used in these rules shall mean the following:

(a) “Individual treatment plan (ITP)” means a written proposal that is developed annually as the result of a service planning process and includes the identification of:

(1) The person’s goals and objectives;

(2) The person’s treatments and services; and

(3) Timelines for achieving the stated goals.

(b) “Person” means an individual who has been committed by a court as a sexually violent predator under RSA 135-E and who is sentenced to a secure facility for the purposes of receiving sexual offender treatment.

(c) “Secure facility” means a total confinement facility that provides supervision and sexual offender treatment of those persons committed as sexually violent predators under RSA 135-E, including the secure psychiatric unit of the New Hampshire state prison and any other facility so designated in accordance with RSA 135-E:22, III.

(d) “Sexually violent predator” means “sexually violent predator” as defined in RSA 135-E:2, XII, namely “any person who:

(a) Has been convicted of a sexually violent offense;

(e) “Total confinement” means “total confinement” as defined in RSA 135-E:2, XIII, namely “that the person is being held in any physically secure facility being operated by, or contractually operated for the department of corrections or the department of health and human services. A person shall also be deemed to be in total confinement for applicability of provisions under this chapter if the person is serving an incarcerative sentence under the custody of the department of corrections or is being held in any other secure facility for any reason. A person is not subject to total confinement if the person is subject to an incarcerative sentence or other custody in a secure facility but has contact with the community, such as through work release, a halfway house, or other supervised or unsupervised release into the community.”

(f) “Treatment team” means the individuals who perform the examination, assessment, and diagnosis of, and who deliver the training, rehabilitation therapy, pharmaceuticals, and other services provided to, persons committed under RSA 135-E.

History

#8889, INTERIM, eff 6-4-07, EXPIRES: 12-1-07 ; ss by #8984, eff 9-21-07, EXPIRED: 9-21-15

N.H. Code Admin. R. Ann. He-C 702.03 Assessment of Sexually Violent Predators {#sec-he-c-702.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 702.03}

(a) Members of a treatment team at a secure facility shall conduct a comprehensive, formal assessment of each person committed to a secure facility as a sexually violent predator.

(b) The assessment shall address the person’s current risk of sexual re-offense, including the type of risk and the context in which the risk is likely to occur.

(1) Objective measures of offense related behavior, such as, but not limited to, clinical polygraph testing and the ABEL Sexual Interest Inventory;

(2) A risk prediction assessment of static risk factors, through the administration of an actuarial risk assessment instrument(s) that is empirically supported by current, professional research and practice; and

(3) A risk management assessment of dynamic risk factors, through a comprehensive sex offense specific evaluation and the administration of a dynamic factor risk assessment instrument(s) that is empirically supported by current, professional research and practice.

History

#8889, INTERIM, eff 6-4-07, EXPIRES: 12-1-07; ss by #8984, eff 9-21-07, EXPIRED: 9-21-15

N.H. Code Admin. R. Ann. He-C 702.04 Treatment Plan for Sexually Violent Predators {#sec-he-c-702.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 702.04}

(a) A person’s treatment team shall develop an individual treatment plan (ITP) for each person, based upon the individual needs of the person as determined via the person’s assessment, and established within 30 days of the person’s commitment to a secure facility.

(b) An ITP shall:

(1) Be offender specific;

(2) Be tailored to the offender’s criminal history, cognitive patterns, sexual arousal patterns, offense patterns, co-occurring conditions, risk assessment, relapse profile, and current circumstances;

(3) Address any medical conditions as identified by a comprehensive medical examination;

(4) Contain measurable treatment goals, objectives, and treatment interventions;

(5) Contain the timelines for goal attainment;

(6) Clearly define the expectations of the person;

(7) Specify clinical screening and progress assessment tools to be administered, and expectations thereof, such as, but not limited to, polygraph testing and ABEL screenings;

(8) Indicate the treatment program staff responsible for treatment and supervision;

(9) Integrate the collaborative efforts of all criminal justice and treatment agencies responsible for treatment and supervision of the person, including substance abuse providers, mental health providers, and those responsible for the identification of medication management strategies when indicated;

(10) Be reviewed quarterly, as described in He-C 702.05; and

(11) Be signed and dated by all members of the treatment team.

(1) Social skills and relationships;

(2) Intimacy deficits;

(3) Identification of cognitive distortions and cognitive restructuring;

(4) Identification of the individual’s thoughts, feelings, beliefs, and behaviors that sustain the sexual offense cycle;

(5) Anger issues;

(6) Power/control issues;

(7) Deviant arousal control;

(8) Victim empathy;

(9) Relapse prevention skills;

(10) Values clarification;

(11) Identification of risk factors;

(12) Enhancement of coping skills;

(13) Impulse control;

(14) Sex education;

(15) Improvement of appropriate sexual functioning;

(16) Substance abuse treatment;

(17) Improvement of primary relationships;

(18) Victim protection and restitution;

(19) Pharmacological therapies, as applicable; and

(20) Specialized ancillary services for persons who display other special needs or co-occurring disorders, such as substance abuse, mental retardation, mental illness, and learning disorders.

(d) In implementing a person’s ITP, the treatment team shall utilize interventions and treatment methods that are empirically supported by current, professional research and practice.

History

#8889, INTERIM, eff 6-4-07, EXPIRES: 12-1-07; ss by #8984, eff 9-21-07, EXPIRED: 9-21-15

N.H. Code Admin. R. Ann. He-C 702.05 Treatment Plan Reviews {#sec-he-c-702.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 702.05}

(a) Each ITP shall be reviewed quarterly by the person’s treatment team.

(b) Quarterly reviews shall be based on a clinical review of the client’s current status and progress, or lack thereof, in achieving the goals identified in the ITP.

(1) The specific goal(s) addressed during the reporting quarter;

(2) The client’s measurable progress toward achieving ITP goals/objectives;

(3) Treatment services received during the reporting quarter;

(4) A statement regarding the need for continued treatment services;

(5) Any other relevant information, including hospitalizations during the reporting quarter;

(6) Changes in the ITP as a result of the clinical review;

(7) The time period covered by the review;

(8) The date of the documentation; and

(9) The signature and title of the individual documenting the review.

(d) The fourth quarterly review shall serve as the annual ITP review.

(e) The annual ITP review shall include, in addition to the components listed in (c) above, documentation of the following:

(1) Determination of whether the person is likely to commit acts of sexual violence if discharged;

(2) Review of the person’s psychiatric and medical diagnosis(es);

(3) Reassessment of the person’s medications, if applicable;

(4) Assessment of the need for additional services and/or revisions to the ITP;

(5) Need for other health care or social services;

(6) A list of the participants in this annual review process;

(7) A description of the level of the person’s participation, if any, in the review; and

(8) The dated signatures of all the members of the treatment team.

APPENDIX

Rule

Specific State Statute the Rule Implements

He-C 701.01

RSA 135-E:1

He-C 701.02

RSA 135-E:2

He-C 701.03

RSA 135-E:3, I

He-C 701.04

RSA 135-E:3, III, IV

He-C 701.05

RSA 135-E:3, IV; RSA 135-E:15

He-C 701.06

RSA 135-E:22, V; RSA 135-E:23

He-C 701.07

RSA 135-E:3, V

He-C 702.01

RSA 135-E:1

He-C 702.02

RSA 135-E:2

He-C 702.03

RSA 135-E:11, II; RSA 135-E:22, IV

He-C 702.04

RSA 135-E:11, II; RSA 135-E:22, IV

He-C 702.05

RSA 135-E:11, II; RSA 135-E:13, I; RSA 135-E:22, IV

History

#8889, INTERIM, eff 6-4-07, EXPIRES: 12-1-07; ss by #8984, eff 9-21-07, EXPIRED: 9-21-15

Chapter He-C 800 Office of Rural Health

Part He-C 801 Health Professions Survey

N.H. Code Admin. R. Ann. He-C 801.01 Purpose and Scope {#sec-he-c-801.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 801.01}

(a) The purpose of these rules is to establish the requirements for the collection of health care provider data regarding the New Hampshire primary care workforce.

(b) Participating licensees shall provide data via provider surveys pursuant to RSA 126-A:5, XVIII-a (a) and (f).

History

#12774, eff 5-7-19; ss by #13172, eff 2-23-21

N.H. Code Admin. R. Ann. He-C 801.02 Definitions {#sec-he-c-801.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 801.02}

(a) “Commissioner” means the commissioner of the New Hampshire department of health and human services, or his or her designee.

(b) “Department” means the New Hampshire department of health and human services.

(c) “Health care provider” means those individuals licensed to provide health services to patients and includes physicians, physician assistants, advanced practice registered nurses (APRN), mental health practitioners, alcohol and drug counselors, psychologists, dentists, and dental hygienists. It also includes the terms “licensee” and “health professional.”

(d) “Health professions survey” means the instrument used to collect data from licensees regarding their practice and services provided to patients in New Hampshire.

(e) “Primary care workforce” means those health care providers engaged in the provision of integrated, accessible health care services who are accountable for addressing a large majority of personal health care needs, developing a sustained partnership with patients, and practicing in the context of family and community.

(f) “Rural health” means the interdisciplinary study of health and health care delivery in rural environments.

(g) “State office of rural health (SORH)” means the agency established by the commissioner pursuant to RSA 126-A:5, XVIII(a) to administer the health professions survey for workforce development and analysis.

History

#12774, eff 5-7-19; ss by #13172, eff 2-23-21

N.H. Code Admin. R. Ann. He-C 801.03 Health Professions Survey {#sec-he-c-801.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 801.03}

(a) Pursuant to RSA 126-A:5, XVIII-a, the following licensed health care providers shall complete and submit, as part of their license renewal process, the relevant survey provided by the SORH, for the purpose of collecting and analyzing data regarding the New Hampshire primary care workforce:

(1) For advanced practice registered nurses, the “New Hampshire APRN Licensure Survey” (August 2023);

(2) For physician assistants, the “New Hampshire Physician Assistant Licensure survey” (October 2023);

(3) For physicians, the “New Hampshire Physician Licensure Survey” (April 2024);

(4) For mental health practitioners, the “New Hampshire Mental Health Practitioner Licensure Survey” (April 2023);

(5) For drug and alcohol counselors, the “New Hampshire Alcohol and Drug Counselor Licensure Survey” (April 2024);

(6) For psychologists, the “New Hampshire Psychologist Licensure Survey” (April 2024);

(7) For dentists, the “New Hampshire Dentist Licensure Survey” (February 2024); and

(8) For dental hygienists, the “New Hampshire Dental Hygienist Licensure Survey” (March 2023).

(b) Health care providers shall complete the survey form via the online link located on the health professions data center at https://www.dhhs.nh.gov/health-professions-surveys.

(1) Using the submission prompt at the end of the online link;

(2) Emailing as an attachment to the relevant email address, as follows:

a. For advanced practice registered nurses, NHAPRNSurvey@dhhs.nh.gov;

b. For physician assistants, NHPASurvey@dhhs.nh.gov;

c. For physicians, NHPhysicianSurvey@dhhs.nh.gov;

d. For mental health practitioners, NHMHPractitionerSurvey@dhhs.nh.gov

e. For drug and alcohol counselors, NHLADCSurvey@dhhs.nh.gov;

f. For psychologists, NHPsychologistSurvey@dhhs.nh.gov;

g. For dentists, NHDentistSurvey@dhhs.nh.gov; and

h. For dental hygienists, NHRDHSurvey@dhhs.nh.gov; or

(3) Printing the completed form and submitting the paper copy by:

a. Faxing to (603) 271-4506; or

b. Mailing a paper survey to:

Rural Health & Primary Care

Division of Public Health Services

29 Hazen Drive

Concord, NH 03301

History

#12774, eff 5-7-19; ss by #13172, eff 2-23-21 (see also Revision Note at part heading for He-C 801); ss by #13896, EXRF, eff 3-1-24; ss by #13949, EXRF, eff 4-26-24

N.H. Code Admin. R. Ann. He-C 801.04 Option to Opt Out {#sec-he-c-801.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 801.04}

(a) Notwithstanding the requirements of He-C 801.03, above, licensed health care providers shall have the option to opt out of the survey process.

(b) Licensed health care providers choosing to opt out of the survey shall complete and submit the “New Hampshire Health Professions Survey Opt-Out Form” (February 2021) located on the Health Professions Data Center at https://www.dhhs.nh.gov/dphs/bchs/rhpc/data-center.htm.

(1) Using the submission prompt at the end of the online link;

(2) Emailing as an attachment to the relevant address, as follows:

a. For advanced practice registered nurses, NHAPRNSurvey@dhhs.nh.gov;

b. For physician assistants, NHPASurvey@dhhs.nh.gov;

c. For physicians, NHPhysicianSurvey@dhhs.nh.gov;

d. For mental health practitioners, NHMHPractitionerSurvey@dhhs.nh.gov

e. For drug and alcohol counselors, NHLADCSurvey@dhhs.nh.gov;

f. For psychologists, NHPsychologistSurvey@dhhs.nh.gov;

g. For dentists, NHDentistSurvey@dhhs.nh.gov; and

h. For dental hygienists, NHRDHSurvey@dhhs.nh.gov; or

(3) Printing the completed form and submitting the paper copy by:

a. Faxing to (603) 271-4506; or

b. Mailing to:

Rural Health & Primary Care

Division of Public Health Services

29 Hazen Drive

Concord, NH 03301

History

#12774, eff 5-7-19; ss by #13172, eff 2-23-21 (see also Revision Note at part heading for He-C 801)

N.H. Code Admin. R. Ann. He-C 801.05 Data Collection {#sec-he-c-801.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 801.05}

(a) The data collected from the health professions surveys shall be used to provide reporting on:

(1) Current and projected workforce needs;

(2) Survey participation rates;

(3) Health status of rural residents; and

(4) Other ways of expanding primary care capacity and access.

(b) Health care provider information collected for both the survey and the opt-out form shall be:

(1) Kept confidential and exempt from disclosure for individuals pursuant to RSA 91-A and RSA 126-A:5, XVIII-a(c); and

(2) Reported only in the aggregate for reporting and publishing purposes.

APPENDIX

Rule

Specific State or Federal Statutes the Rule Implements

He-C 801.01

RSA 126-A:5, XVIII-a

He-C 801.02

RSA 126-A:5, XVIII-a

He-C 801.03

RSA 126-A:5, XVIII-a

He-C 801.04

RSA 126-A:5, XVIII-a

He-C 801.05

RSA 91-A and RSA 126-A:5, XVIII-a

History

#12774, eff 5-7-19; ss by #13172, eff 2-23-21

Chapter He-C 1000 Opioid Abatement Trust Fund and Advisory Commission

Part He-C 1001 Opioid Abatement Advisory Commission

N.H. Code Admin. R. Ann. He-C 1001.01 Purpose {#sec-he-c-1001.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1001.01}

The purpose of this part is to describe the opioid abatement advisory commission established under RSA 126-A:85.

History

#13396, eff 6-21-22

N.H. Code Admin. R. Ann. He-C 1001.02 Definitions {#sec-he-c-1001.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1001.02}

(a) “Commission” means the opioid abatement trust fund advisory commission.

(b) “Commissioner” means the commissioner of the department of health and human services.

(d) “Trust fund” means the opioid abatement trust fund established in the state treasury pursuant to RSA 126-A:83, I.

History

#13396, eff 6-21-22

N.H. Code Admin. R. Ann. He-C 1001.03 Membership of the Commission {#sec-he-c-1001.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1001.03}

(a) All members appointed to the commission shall serve in accordance with RSA 126-A:85.

(b) In accordance with RSA 126-A:85, III, a staggered 2-year term means that half of the members are reappointed in the first year of reappointment, while the other half of the members are reappointed in the second year of reappointment so that the commission maintains half of its members each year for consistency and continuity.

History

#13396, eff 6-21-22

N.H. Code Admin. R. Ann. He-C 1001.04 Duties of the Commission {#sec-he-c-1001.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1001.04}

(a) The commission shall consult with and advise the commissioner on the administration and management of the trust fund, and approve the selection of eligible fund recipients under RSA 126-A:83, II(b).

(b) The commissioner shall approve funding awards, revolving loan funds, and matching funds for qualifying projects from the trust fund under RSA 126-A:83, I, in a manner compliant with RSA 126-A:83-86.

History

#13396, eff 6-21-22

N.H. Code Admin. R. Ann. He-C 1001.05 Meetings of the Commission {#sec-he-c-1001.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1001.05}

(a) All meetings conducted by the commission shall be in accordance with RSA 126:83-86 and RSA 91-A.

(b) Notice of the time and place of each meeting shall be posted on the commission’s internet webpage, in the department’s brown building lobby, and in the legislative office building.

History

#13396, eff 6-21-22

N.H. Code Admin. R. Ann. He-C 1001.06 Records of the Commission {#sec-he-c-1001.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1001.06}

(a) Minutes shall be kept of all commission meetings and of all official actions taken by the commission, including records of all funding requests received and funding awards granted.

(b) Meeting minutes shall record those members who participate in each vote and separately record the position of any members who choose to dissent, abstain, or concur.

(c) Commission minutes shall be public records and be available for inspection no later than 5 business days after a commission meeting.

(d) All meeting minutes, attendance rolls and votes, including records of all votes on funding requests and awards, and reports of funding by recipients shall be published on the commission’s website.

(e) The department shall be the custodian of the commission’s records and respond to requests to examine those portions of the commission’s records which are subject to public inspection in accordance with RSA 91-A.

(f) Persons desiring copies of commission records that are not available on the commission’s website shall submit a request in writing to the commission which identifies as particularly as possible the information being sought and pay to cover the costs of the photocopying, at 10 cents per copy, and mailing of the requested records.

(g) Written requests shall be sent to:

Opioid Abatement Advisory Commission

Department of Health and Human Services

129 Pleasant Street

Concord, NH 03301.

History

#13396, eff 6-21-22

Part He-C 1002 Opioid Abatement Trust Fund

N.H. Code Admin. R. Ann. He-C 1002.01 Purpose {#sec-he-c-1002.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1002.01}

The purpose of this part is to implement RSA 126-A:83-86 by establishing:

(a) The procedure and criteria applicable to all applicants and governmental entities that seek funding for qualifying opioid abatement projects through the trust fund established pursuant to RSA 126-A:83-86; and

(b) The requirements for completing and reporting on qualifying projects financed through the trust fund.

History

#13396, eff 6-21-22; ss by #14045, eff 8-17-24

N.H. Code Admin. R. Ann. He-C 1002.02 Scope {#sec-he-c-1002.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1002.02}

This part shall apply to all funds disbursed through the trust fund and all applicants and governmental entities receiving funding through the trust fund.

History

#13396, eff 6-21-22; ss by #14054, eff 8-17-24

N.H. Code Admin. R. Ann. He-C 1002.03 Definitions {#sec-he-c-1002.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1002.03}

(a) “Applicant” means a non-profit or charitable organization registered with the attorney general’s charitable trusts unit that applies for funding from the trust fund.

(b) “Application” means a request for funding submitted by an applicant to the department in response to a request for grant applications or request for proposals issued by the department for opioid abatement trust funds.

(d) “Commissioner” means the commissioner of the New Hampshire department of health and human services, or designee.

(e) "Department" means the New Hampshire department of health and human services.

(f) “Eligible entity” means any non-profit or charitable organization registered with the attorney general’s charitable trusts unit.

(g) “Governmental entity” means any state agency, board, commission, or political subdivision of the state.

(h) “Grant contract” means a written agreement between the state and an applicant setting forth the obligations of the parties under the agreement, including, but not limited to, the performance of the work and the basis of payment, reporting requirements, and any supplemental documents identified in the agreement or incorporated into the agreement.

(i) “Memorandum of understanding” means an agreement between the state and a governmental entity for the purpose of undertaking a qualifying opioid abatement project funded through the trust fund and establishing the business relationship and transaction terms between the state and a governmental entity, including, but not limited to, the performance of the work and the basis of payment, reporting requirements, and any supplemental documents identified or incorporated into the document.

(j) “Project” means any approved project outlined in He-C 1002.04(a).

(k) “Public interest” means protecting the health and safety of the citizens of the state, curtailing negative financial impact to the state, assisting in investigations, or promoting a competitive application process.

(l) “Request for grant application (RFGA)” means an invitation to submit an application by an eligible entity for qualified projects to the department and the commission.

(m) “Request for proposal (RFP)” means “request for proposal” as defined in RSA 21-G:36.

(n) “State” means the state of New Hampshire.

(o) “Trust fund” means the opioid abatement trust fund established in the state treasury pursuant to RSA 126-A:83, I.

History

#13396, eff 6-21-22; amd by #13897, EMERGENCY RULE, eff 3-4-24, EXPIRES: 8-31-24; ss by #14054, eff 8-17-24

N.H. Code Admin. R. Ann. He-C 1002.04 Trust Fund Eligibility Criteria {#sec-he-c-1002.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1002.04}

(a) For an applicant to be eligible for a funding award from the trust fund, the applicant shall ensure that the proposed project meets one or more of the criteria identified in RSA 126-A:86, I(b).

(b) Applicants shall comply with the application process, as outlined in He-C 1002.05, and supply all required information to be considered for an award.

(c) For a governmental entity to be eligible for a funding award from the trust fund, the governmental entity shall ensure that the proposed project meets one or more of the criteria identified in RSA 126-A:86, I(b).

(d) The commission may, through a memorandum of understanding, award funding from the trust fund to a governmental entity in accordance with RSA 126-A:84, II(b), subject to approval by governor and executive counsel.

(e) By entering into a memorandum of understanding for funding from the trust fund, the governmental entity shall be deemed to have agreed to, from the time of the execution of the memorandum of understanding through all stages of implementation, and at any other time while any funding from the trust fund to the governmental entity is outstanding, providing to the department and the commission for inspection any information requested by the department or the commission to include:

(1) The project and any and all incidental works, areas, facilities, and premises otherwise pertaining to the project; and

(2) Any and all books, accounts, records, contracts, or other instruments, documents, and other information possessed by the governmental entity or its contractors, agents, employees, or representatives which relate in any respect to the receipt, deposit, or expenditure of funds from the trust fund.

History

#13396, eff 6-21-22; amd by #1389, EMERGENCY RULE, eff 3-4-24, EXPIRES: 8-31-24 ss by #14054, eff 8-17-24

N.H. Code Admin. R. Ann. He-C 1002.05 Qualified Applicants and Application Requirements. {#sec-he-c-1002.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1002.05}

(a) Applicants shall complete, sign, and submit an application in response to an RFGA, available from the department, containing the following information:

(1) The applicant’s name, address, and telephone number;

(2) Project name;

(3) The eligibility criteria listed in RSA 126-A:86, I(b) for which a request is being made;

(4) A description of the proposed project and how, specifically, it meets the eligibility criteria of approved uses under RSA 126-A:86, I (b);

(5) A description of the need for the proposed project;

(6) A description of prior or current relevant opioid abatement projects;

(7) An estimate of project costs;

(8) An estimate of the number of people projected to be served by the project;

(9) Anticipated start and end date for the proposed project; and

(10) Any other information required by the RFGA.

(b) The department shall post an RFGA in the same manner it would post a request for application in accordance with RSA 21-G:36-38.

(c) If the commission, due to the complexity of the procurement, chooses to contract through the RFP process rather than submit an RFGA, the RFP process shall follow the requirements of RSA 21-G:36-38.

(d) All information furnished shall be used to determine an applicant’s ability to perform the proposed project and include analysis of:

(1) The current work capacity of the applicant and whether it exceeds the estimated value of the proposed project;

(2) Whether the applicant possesses sufficient equipment and human resources to perform the work under the proposed project; and

(3) Whether the applicant has in the past met or exceeded project performance expectations under a state agreement:

a. In the same area of expertise; and

b. For work of similar or greater complexity as the proposed project for which the applicant has requested an application.

(e) All financial information supplied to the department shall be held in strict confidence, and treated as confidential, commercial, and financial information pursuant to RSA 91-A:5.

History

#13396, eff 6-21-22

N.H. Code Admin. R. Ann. He-C 1002.06 Solicitation and Submission of the Application {#sec-he-c-1002.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1002.06}

(a) The department shall solicit applications for qualifying projects on each occasion that the balance in the trust fund exceeds $500,000.

(b) The department shall post an RFGA for a minimum of 30 calendar days on the webpage of the department’s bureau of contracts and procurements and on the commission’s webpage.

(d) By applying for funding through the trust fund, the applicant shall be deemed to have agreed to, from the time of first application for funding for a project throughout all stages of implementation, and at any other time while any funding from the trust fund to the applicant is outstanding, providing to the department and the commission for inspection any information requested by the department or the commission to include:

(1) The project and any and all incidental works, areas, facilities, and premises otherwise pertaining to the project for which application is made; and

(2) Any and all books, accounts, records, contracts, or other instruments, documents, and other information possessed by the applicant or its contractors, agents, employees, or representatives which relate in any respect to the receipt, deposit, or expenditure of funds from the trust fund.

History

#13396, eff 6-21-22

N.H. Code Admin. R. Ann. He-C 1002.07 Department {#sec-he-c-1002.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1002.07}

Action on Application.

(a) The department shall determine that the applicant’s project is eligible for funding from the trust fund if:

(1) The application is complete;

(2) The applicant is an eligible entity; and

(3) The application meets the requirements specified in the RFGA.

(b) The department shall notify the applicant and the commission in writing within 14 days of determining that the application is complete or incomplete.

(c) If the department determines that the applicant’s project is eligible in accordance with (a) above, the department shall compile all information identified in (d) below and submit all information to the commission.

(d) The information submitted to the commission in accordance with (c) above shall include:

(1) The application along with any and all attachments to the application;

(2) The department’s assessment and scoring of the application as required through the RFGA process and as requested by the commission which shall be:

a. Specific to each RFGA depending upon what criteria, outlined in RSA 126-A:86,I(b), the department is soliciting applications for;

b. Outlined in each RFGA that is posted on the webpages outlined in He-C 1002.06 (b) above; and

c. Based upon the applicant’s:

Demonstrated ability;
Knowledge;
Experience;
Capacity to perform the requested services;
Proposed process(es) or plan(s) to perform the requested services; or
Cost associated with the performance of the requested services;

(3) Information on any current grants or financial assistance the applicant is currently receiving from the department apart from the trust funds that relates to opioid abatement and the applicant’s request for funding;

(4) Information on any audits, investigations, or adverse action taken against the applicant over the previous 3 years related to any type of fraudulent activity or misuse of funds; and

(5) The department’s input regarding grant award dollars based on the response to the RFGA along with the additional information included in this section.

(e) Information in (d) above shall be submitted to the commission within 10 days from completion of all tasks required by (d) above.

(f) If the department determines that the application is incomplete, the department shall state the reason(s) for the determination in the notice sent pursuant to (b) above.

(g) A copy of the notice in (b) above shall be sent to the commission.

(h) In response to being notified that an application is incomplete, the applicant may modify or supplement any information and re-submit the application to the department.

(i) A re-submission of the application in (h) above shall not occur more than 10 days following the notification that the application was incomplete.

(j) If a modified or supplemented application is re-submitted, it shall follow the same review process as a new application.

(k) If a modified or supplemented application is again found incomplete after review, the application shall be denied.

History

#13396, eff 6-21-22

N.H. Code Admin. R. Ann. He-C 1002.08 Commission Review and Approval of Selected Projects {#sec-he-c-1002.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1002.08}

(a) The commission shall meet no later than 30 days after the department’s submission of qualifying projects to review the selected projects.

(b) The commission shall vote to recommend to governor and executive council or deny each selected project by majority vote.

(d) Upon the close of the commission’s meeting, the commission shall notify the department of all recommended and denied projects.

(e) For any projects that the commission votes to deny, the commission shall, in writing, specify the reason(s) for denial.

(f) The department shall notify each applicant in writing within 30 days of the commission’s meeting of whether the commission has voted to recommend the project to the governor and executive council.

(g) A list of recommended and denied projects shall be posted on the commission’s website.

History

#13396, eff 6-21-22

N.H. Code Admin. R. Ann. He-C 1002.09 Grant Contracts {#sec-he-c-1002.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1002.09}

(a) Following commission approval, the department and grant recipients shall execute grant contracts for governor and executive council approval.

(b) All grant contracts shall contain the statutory procurement and trust fund requirements including:

(1) Services required as part of the trust fund award;

(2) Compliance with federal and state law including anti-fraud and anti-kickback laws; and

(3) Actions and remedies for breach of grant contract.

(c) No money shall be distributed from the trust fund without a signed grant contract between the grant recipient and the department.

History

#13396, eff 6-21-22

N.H. Code Admin. R. Ann. He-C 1002.10 Confidentiality of Applications {#sec-he-c-1002.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1002.10}

The confidentiality of grant applications shall be governed by RSA 21-G:37, VII.

History

#13396, eff 6-21-22

N.H. Code Admin. R. Ann. He-C 1002.11 Reporting Requirements {#sec-he-c-1002.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1002.11}

(a) Applicants and governmental entities shall submit an annual report outlined in RSA 126-A:84, IV, to the department, by September 1st of each year.

(b) If the department’s rules, grant contracts, or memoranda of understanding require a more frequent submission, the applicant’s and government entities shall submit the report in (a) above more frequently than once a year. The department shall determine the frequency of submissions based on compliance with the department’s rules, grant contracts, or memoranda of understanding.

(d) All reports submitted to the department shall be separately and clearly labeled with:

(1) The name, mailing address, and physical address of the applicant or governmental entity covered by the report;

(2) The time period covered by the report;

(3) The reporting section in the grant contract or memorandum of understanding that requires the report submittal;

(4) The type of report, using the name of the report as specified in the reporting condition in the grant contract or memorandum of understanding, that is being submitted; and

(5) The date the report was prepared.

(e) An applicant or governmental entity who submits a report that is a revision to a previously submitted report shall clearly identify the previously submitted report with the information specified in (d), above, and indicate which portions of the report have been revised.

(f) Each report submitted by or on behalf of an applicant or governmental entity shall be signed by an authorized official.

(g) The department’s reporting requirements are governed by RSA 126-A:84, subject to receipt of reporting information from the commission and from counties, cities, towns, or programs that receive funds from the trust fund.

History

#13396, eff 6-21-22; ss by #14054, eff 8-17-24

N.H. Code Admin. R. Ann. He-C 1002.12 Administrative Appeals {#sec-he-c-1002.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1002.12}

(a) An applicant shall have 30 days, after receipt of the department’s decision on his or her application, to appeal that decision.

(b) If an appeal is not filed pursuant to (a) above, the applicant shall be deemed to have waived his or her right to appeal the decision.

APPENDIX

Rule

Specific State or Federal Statute the Rule Implements

He-C 1001.01

RSA 126-A:85

He-C 1001.02

RSA 126-A:83; RSA 126-A:84; RSA 126-A:85

He-C 1001.03

RSA 126-A:85

He-C 1001.04

RSA 126-A:86

He-C 1001.05

RSA 126-A:83-:86; RSA 91-A

He-C 1001.06

RSA 126-A:85; RSA 126-A:86

He-C 1002.01

RSA 126-A:83-86

He-C 1002.02

RSA 126-A:84

He-C 1002.03

RSA 126-A:83; RSA 126-A:84; RSA 126-A:85; RSA 21-G:36

He-C 1002.04

RSA 126-A:86

He-C 1002.05

RSA 126-A:86; RSA 21-G:36-:38; RSA 91-A:5

He-C 1002.06

RSA 126-A:86

He-C 1002.07

RSA 126-A:84; RSA 126-A:86

He-C 1002.08

RSA 126-A:86

He-C 1002.09

RSA 126-A:86

He-C 1002.10

RSA 21-G:37, VII

He-C 1002.11

RSA 126-A:84

He-C 1002.12

RSA 541-A:31-:36

History

#13396, eff 6-21-22

Chapter He-C 1500 Data Submission and Release of Health Care Facility Discharge Data

Part He-C 1501 Data Submission of Health Care Facility Discharge Data

N.H. Code Admin. R. Ann. He-C 1501.01 Purpose and Scope {#sec-he-c-1501.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1501.01}

This part contains the procedures and requirements for the submission of health care facility discharge data from health care facilities licensed in accordance with RSA 151:2, I(a) and (d) pursuant to RSA 126:25 and 27.

History

#4069, eff 6-6-86; ss by #4542, eff 12-12-88; ss by #5844, eff 7-1-94, EXPIRED: 7-1-00
# 9436, eff 3-21-09, EXPIRED: 3-21-17
#12139, INTERIM, eff 3-22-17, EXPIRED: 9-18-17
#13369, eff 4-20-22

N.H. Code Admin. R. Ann. He-C 1501.02 Definitions {#sec-he-c-1501.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1501.02}

(a) “Agent” means a person engaged under contractual agreement with the department for the performance of services pursuant to RSA 126:25.

(b) “Clinical data” means the health care, hospital and non-hospital health care facility data, and all other data collected in accordance with the rules adopted pursuant to RSA 126:27.

(d) “Department” means the New Hampshire department of health and human services.

(e) “Discharge data set” means a list of data elements that are collected in accordance with He-C 1501.06 for discharges or encounters of patients who receive services from a healthcare facility.

(f) “Encounter” means any visit where a medical treatment, evaluation, or management services are provided, except those at a hospital inpatient department.

(g) “Health care facility” means, in this part, a hospital-based, public or private, proprietary or not-for-profit entity providing health services licensed in accordance with RSA 151:2, I(a) and (d), except offices of primary care practices and rural health clinics.

(h) “Inpatient discharges” means records or data from discharges of patients who are admitted to a health care facility and are coded as “Inpatient”, except when UB-04 Form Locator 04 “Type of Bill” is equal to 018x, hospital swing beds.

(i) “Insured” means the person who is subscribing or carrying the primary, secondary, or tertiary insurance plan for the patient case. This term includes “insurance subscriber”.

(j) “Patient” means any person in a data set that is the subject of the activities of the claim performed by the health care provider.

(k) “Rural health clinics” means a clinic that is located in a rural area designated as a shortage area, is not a rehabilitation agency or a facility primarily for the care and treatment of mental diseases, and meets all other requirements of 42 CFR 405 and 491.

History

#4069, eff 6-6-86; EXPIRED 6-6-92
#5844, eff 7-1-94, EXPIRED: 7-1-00
# 9436, eff 3-21-09, EXPIRED: 3-21-17
#12139, INTERIM, eff 3-22-17, EXPIRED: 9-18-17
#13369, eff 4-20-22

N.H. Code Admin. R. Ann. He-C 1501.03 Licensed Health Care Facilities Required to Submit Discharge Data Sets {#sec-he-c-1501.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1501.03}

All hospital-based health care facilities defined in He-C 1501.02(g) shall be required to submit discharge data sets for all inpatient discharges and outpatient encounters.

History

#4074, eff 6-27-86; EXPIRED 6-27-92
#5844, eff 7-1-94, EXPIRED: 7-1-00
# 9436, eff 3-21-09, EXPIRED: 3-21-17
#12139, INTERIM, eff 3-22-17, EXPIRED: 9-18-17
#13369, eff 4-20-22 (formerly He-C 1503.01)

N.H. Code Admin. R. Ann. He-C 1501.04 Health Care Data Set Submission Description {#sec-he-c-1501.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1501.04}

Beginning with discharges occurring on July 1, 2022, and continuing at least quarterly thereafter, health care facilities shall submit to the department, or its agent, a completed health care discharge data set for all patients. Each health care facility shall also ensure submittal of all health care discharge data processed by any sub-contractor or other third party on its behalf.

History

#4074, eff 6-27-86; EXPIRED 6-27-92
#5844, eff 7-1-94, EXPIRED: 7-1-00
# 9436, eff 3-21-09, EXPIRED: 3-21-17
#12139, INTERIM, eff 3-22-17, EXPIRED: 9-18-17
#13369, eff 4-20-22 (formerly He-C 1503.02)

N.H. Code Admin. R. Ann. He-C 1501.05 General Requirements for Data Set Submission {#sec-he-c-1501.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1501.05}

(a) Health care facilities shall submit data to the department, or its agent, as standard health care discharge or equivalent encounter information transactions in a format compliant with the National Uniform Billing Committee’s “Official UB-04 Data Specifications Manual” (2022 Edition), available as noted in Appendix A.

(b) Unless otherwise specified in He-C 1501.06, the National Uniform Billing Committee’s “Official UB-04 Data Specifications Manual” (2022 Edition), available as noted in Appendix A, shall be the code source to be utilized for discharge data submission.

(c) Unless otherwise specified in He-C 1501.06, data elements shall be required as defined by the UB-04 reporting standard in the National Uniform Billing Committee’s “Official UB-04 Data Specifications Manual” (2022 Edition), available as noted in Appendix A.

(d) Data submissions shall be made using the ANSI ASC X12N 837 electronic file format pursuant to 45 CFR 162.920(a).

(e) Data submissions shall be made to the department or its agent utilizing a secure protocol. E-mail attachments and paper submissions shall not be acceptable.

History

#4074, eff 6-27-86; EXPIRED 6-27-92
#5844, eff 7-1-94, EXPIRED: 7-1-00
# 9436, eff 3-21-09, EXPIRED: 3-21-17
#12139, INTERIM, eff 3-22-17, EXPIRED: 9-18-17
#13369, eff 4-20-22 (formerly He-C 1503.03)

N.H. Code Admin. R. Ann. He-C 1501.06 Required Data Elements {#sec-he-c-1501.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1501.06}

(a) The following elements from the UB-04 reporting standard shall be submitted as follows:

(1) UB-04 Form Locator 01, “billing provider name, address and telephone number”;

(2) UB-04 Form Locator 02, “pay-to name and address”;

(3) UB-04 Form Locator 03a, “patient control number”;

(4) UB-04 Form Locator 03b, “medical/health record number”;

(5) UB-04 Form Locator 04, “type of bill”;

(6) UB-04 Form Locator 05, “federal tax ID number”;

(7) UB-04 Form Locator 06, “statement covers period from/through”;

(8) UB-04 Form Locator 08, “patient name/identifier”, which shall be divided into 4 distinct components containing:

a. Patient last name;

b. Patient first name;

c. Patient middle name, if available; and

d. Patient generational identifier suffix, if available;

(9) UB-04 Form Locator 09, “patient address street, city/town, state, 5-digit zip code, and country code” which shall be:

a. “YYYYY” 5-digit zip code for other country residents; and

b. “XXXXX” 5-digit zip code for unknown or no fixed address;

(10) UB-04 Form Locator 10, “patient birth date”;

(11) UB-04 Form Locator 11, “patient sex”;

(12) UB-04 Form Locator 12, “admission/start of care date”;

(13) UB-04 Form Locator 13, “admission hour”;

(14) UB-04 Form Locator 14, “priority (type) of admission or visit”;

(15) UB-04 Form Locator 15, “point of origin for admission or visit”;

(16) UB-04 Form Locator 16, “discharge hour;

(17) UB-04 Form Locator 17, “patient discharge status”;

(18) UB-04 Form Locator 18 through 28, “condition codes”, which shall:

a. Be submitted as recorded; and

b. Be collected, recorded, and submitted where applicable for “02” = Patient alleges the medical condition or injury causing this episode of care is due to the employment environment or events such as workers' compensation or black lung;

(19) UB-04 Form Locator 31 through 34, “occurrence codes and dates”, which shall:

a. Be submitted as recorded; and

b. Be collected, recorded, and submitted where applicable for 04 = Accident/employment related;

(20) UB-04 Form Locator 35 and 36, “occurrence span codes and dates”;

(21) UB-04 Form Locator 38, “insured date of birth, sex, and address”, if applicable;

(22) UB-04 Form Locator 39 through 41, “value codes and amounts”, which shall:

a. Be submitted as recorded; and

b. Be collected, recorded, and submitted where applicable for:

54 = Newborn Birth Weight in Grams; and
P0 = For newborns, mother’s medical record number;

(23) UB-04 Form Locator 42, “revenue codes”;

(24) UB-04 Form Locator 44, “HCPCS or CPT/accommodation rates/HIPPS rate codes”, except the length limit shall not apply;

(25) UB-04 Form Locator 45, “service dates”;

(26) UB-04 Form Locator 46, “service units”;

(27) UB-04 Form Locator 47, “total charges”;

(28) UB-04 Form Locator 50, “payer name – primary, secondary, tertiary”, except the length limit shall not apply;

(29) UB-04 Form Locator 51, “health plan identification number – primary, secondary, tertiary”;

(30) UB-04 Form Locator 56, “national provider identifier – billing provider”;

(31) UB-04 Form Locator 57, “other billing provider identifier”;

(32) UB-04 Form Locator 58, “insured name – primary, secondary, tertiary”;

(33) UB-04 Form Locator 59, “patient’s relationship to insured – primary, secondary, tertiary”;

(34) UB-04 Form Locator 64, “document control number”;

(35) UB-04 Form Locator 65, “employer name (of the insured)”, which shall:

a. When the employer is not known, be recorded as “UNKNOWN”; and

b. When not employed, be recorded as “NA.”;

(36) UB-04 Form Locator 66, “diagnosis and procedure code qualifier (ICD version indicator)”;

(37) UB-04 Form Locator 67, “principal diagnosis code and present on admission indicator” which for the present on admission (POA) element shall only be recorded on inpatient discharges;

(38) UB-04 Form Locator 67A-Q, “other diagnosis codes and present on admission indicator” which for the POA element shall only be recorded on inpatient discharges;

(39) UB-04 Form Locator 69, “admitting diagnosis code”;

(40) UB-04 Form Locator 70A-C, “patient’s reason for visit codes”;

(41) UB-04 Form Locator 72A-C, “external cause of injury (ECI) codes and present on admission indicator”, which shall be reported in order for every applicable principal and other diagnoses;

(42) UB-04 Form Locator 74, “principal procedure code and date”;

(43) UB-04 Form Locator 74A-E, “other procedure codes and dates”;

(44) UB-04 Form Locator 76, “attending provider name and identifiers”;

(45) UB-04 Form Locator 77, “operating physician name and identifiers”;

(46) UB-04 Form Locator 78 and 79, “other provider (individual) names and identifiers”;

(47) UB-04 Form Locator 80, “remarks”; and

(48) UB-04 Form Locator 81A-D, “code-code field”, which shall:

a. Be submitted as recorded; and

b. Be collected, recorded, and submitted for 81 which means race and ethnicity.

(b) The health care facility shall submit information to the department regarding primary language spoken as the health care facility has coded it in spreadsheet format, mapping internal codes to the language.

(c) Whenever health care facility internal mapping changes occur, the health care facility shall submit to the department an updated spreadsheet initially required in (b) above.

(d) The following shall not be submitted in the discharge data set:

(1) UB-04 Form Locator 04 “Type of Bill” is equal to 018x (Hospital Swing Beds);

(2) Professional claims, those typically billed on a CMS 1500 billed under the hospital tax ID number or other tax ID numbers except the technical component of professional claims and bundled technical/professional claim lines at critical access hospitals;

(3) Lab specimen only encounters;

(4) Pre-hospital ambulance encounters;

(5) Primary care practices; and

(6) Rural health clinics.

History

# 9436, eff 3-21-09, EXPIRED: 3-21-17
#12139, INTERIM, eff 3-22-17, EXPIRED: 9-18-17
#13369, eff 4-20-22 (formerly He-C 1503.04)

N.H. Code Admin. R. Ann. He-C 1501.07 Transmittal Record {#sec-he-c-1501.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1501.07}

With each submission of data, a transmittal record shall also be supplied that contains the following information:

(a) Submitting health care facility name;

(b) Submitting health care facility tax ID number;

(d) If different from submitting health care facility, the name and address of the location where discharges in the submitted records occurred;

(e) File name;

(f) Contact person name;

(g) Contact person telephone number;

(h) Contact person e-mail address;

(i) Date processed;

(j) Time processed;

(k) Submission date; and

(l) Explanatory notes to assist with processing of the file.

History

# 9436, eff 3-21-09, EXPIRED: 3-21-17
#12139, INTERIM, eff 3-22-17, EXPIRED: 9-18-17
#13369, eff 4-20-22 (formerly He-C 1503.06)

N.H. Code Admin. R. Ann. He-C 1501.08 Submission of Test Data {#sec-he-c-1501.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1501.08}

(a) Each health care facility shall submit to the department, or its agent, a test data submission for the purpose of determining compliance with required data submission standards.

(b) Each test data submission shall contain one month’s worth of discharges.

(1) Upon adoption of these rules; and

(2) Whenever a facility changes systems or processes.

History

# 9436, eff 3-21-09, EXPIRED: 3-21-17
#12139, INTERIM, eff 3-22-17, EXPIRED: 9-18-17
#13369, eff 4-20-22 (formerly He-C 1503.07)

N.H. Code Admin. R. Ann. He-C 1501.09 Submission Periods {#sec-he-c-1501.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1501.09}

(a) The submission period for health care facilities submission of data sets shall be monthly or quarterly.

(b) Monthly data set submissions shall be made no later than 2 months after the end of each data submission period, as follows:

(1) March 31, for those patients discharged in January;

(2) April 30, for those patients discharged in February;

(3) May 31, for those patients discharged in March;

(4) June 30, for those patients discharged in April;

(5) July 31, for those patients discharged in May;

(6) August 31, for those patients discharged in June;

(7) September 30, for those patients discharged in July;

(8) October 31, for those patients discharged in August;

(9) November 30, for those patients discharged in September;

(10) December 31, for those patients discharged in October;

(11) January 31, for those patients discharged in November; and

(12) February 28, for those patients discharged in December.

(c) Quarterly data set submissions shall be made no later than 2 months after the end of each data submission period, as follows:

(1) May 31, for those patients discharged between January 1 and March 31;

(2) August 31, for those patients discharged between April 1 and June 30;

(3) November 30, for those patients discharged between July 1 and September 30; and

(4) February 28, for those patients discharged between October 1 and December 31.

(d) Health care facilities shall notify the department or its agent, in writing, when additional time is required to file a submission.

History

# 9436, eff 3-21-09, EXPIRED: 3-21-17
#12139, INTERIM, eff 3-22-17, EXPIRED: 9-18-17
#13369, eff 4-20-22 (formerly He-C 1503.08)

N.H. Code Admin. R. Ann. He-C 1501.10 Non-Compliant Data Submission {#sec-he-c-1501.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1501.10}

(a) Each health care facility shall be notified when data submissions do not meet the standards described in this rule, including the specific file and the data elements that do not meet the standards.

(b) Each health care facility notified of a non-compliant data submission shall respond within 30 days of the notification by making the changes necessary to meet the standards and resubmit the entire data submission.

PARTS He-C 1502 – He-C 1549 – RESERVED

History

# 9436, eff 3-21-09, EXPIRED: 3-21-17
#12139, INTERIM, eff 3-22-17, EXPIRED: 9-18-17
#13369, eff 4-20-22 (formerly He-C 1503.12)

Part He-C 1550 Submission of Health Care Facility Financial Data

N.H. Code Admin. R. Ann. He-C 1550.01 Purpose and Scope {#sec-he-c-1550.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1550.01}

This part contains the requirements for the submission of health care facility financial information from nursing homes, acute care hospitals, residential care facilities, specialty hospitals, or other health care facilities licensed under RSA 151.

History

# 9781, eff 1-1-11, EXPIRED: 1-1-19
#12723, INTERIM, eff 2-14-19, EXPIRES: 8-13-19

N.H. Code Admin. R. Ann. He-C 1550.02 Definitions {#sec-he-c-1550.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1550.02}

(a) “Certified financial statements” means the annual financial statements that have been subject to an independent audit in accordance with generally accepted auditing standards, including a certificate of audit or the independent auditor report that expresses an opinion as to whether or not the accompanying financial statements are presented fairly in accordance with generally accepted accounting principles.

(b) “Commissioner” means the commissioner of the New Hampshire department of health and human services or his or her designee.

(c) “Confidential financial information” means any financial information filed either by a hospital or nursing home in accordance with data disclosure under RSA 126:25:.

(1) That has not yet been revealed to persons other than:

a. Employees, agents, or attorneys of the hospital;

b. Persons or entities with which the hospital is jointly participating in an effort to obtain financing; and

c. Persons or entities to which the hospital has applied for financing;

(2) That would, if revealed, substantially, predictably, and adversely affect the ability of the hospital or its affiliated interests to obtain financing on reasonable terms in competition with others seeking similar types of capital; and

(3) That could lawfully be concealed under applicable laws governing financial transactions.

(d) “Department” means the New Hampshire department of health and human services.

(e) “Financial statements” means documents including, but not limited, to a balance sheet, a statement of operations, a cash flow statement, and notes to financial statements, and, if applicable, consolidating and supplemental financial schedules.

(f) “Health care facility” means a public or private, proprietary or not-for-profit entity or institution providing health services licensed under RSA 151:2 including, but not limited to:

(1) Hospitals and infirmaries;

(2) Home health care providers;

(3) Laboratories performing tests or analyses of human samples;

(4) Facilities or portions of a facility operating as an outpatient rehabilitation clinic, ambulatory surgical center, hospice, emergency medical care center, drop-in or walk-in care center, dialysis center, birthing center, or other entity where health care associated with illness, injury, deformity, infirmity, or other physical disability is provided;

(5) Residential care facilities; and

(6) Adult day care programs.

(g) “Medicare cost report” means the annual cost report, specific to a facility type, that Medicare requires all Medicare-certified facilities to file with a Medicare fiscal intermediary.

(h) “Settled” means that a medicare cost report has been adjusted after review or audit by the medicare fiscal intermediary.

History

# 9781, eff 1-1-11, EXPIRED: 1-1-19
#12723, INTERIM, eff 2-14-19, EXPIRES: 8-13-19

N.H. Code Admin. R. Ann. He-C 1550.03 General Requirements for Financial Data Submission {#sec-he-c-1550.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1550.03}

(a) All health care facilities defined in He-C 1550.02(f) shall be required to file financial data with the department or its agent.

(b) Financial data shall be submitted annually to the department:

(1) Within 4 months following the end of the health care facility’s fiscal year, in accordance with He-C 1550.04(a);

(2) Within 30 days following the request of the department, in accordance with He-C 1550.04(b), which shall be no sooner than 4 months following the end of the health care facility’s fiscal year; or

(3) In the case of the medicare cost report, within 30 days of submission to the medicare fiscal intermediary and within 30 days of receipt of a settled cost report from the medicare fiscal intermediary, in accordance with He-C 1550.04(i).

(c) Financial data may be submitted in either paper format or electronic format, provided that all electronic submissions shall be in pdf format or another read-only format that maintains the documents’ security and integrity.

(d) Provisions of this rule shall not void any contractual requirements for filing financial statements by health care facilities.

(e) Contractual requirements shall not void provisions of these rules.

History

# 9781, eff 1-1-11, EXPIRED: 1-1-19
#12723, INTERIM, eff 2-14-19, EXPIRES: 8-13-19

N.H. Code Admin. R. Ann. He-C 1550.04 Required Financial Data {#sec-he-c-1550.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1550.04}

(a) Each health care facility receiving payments of $500,000 or more of state or federal funds in the health care facility’s previous fiscal year shall file with the department certified financial statements within 4 months following the end of the health care facility’s fiscal year.

(b) Each health care facility receiving payments of less than $500,000 of state or federal funds in the health care facility’s previous fiscal year shall, at the written request of the department, file certified financial statements within 30 days of the request.

(c) If a health care facility is not required by either state or federal statute to obtain a certification of audit of its financial statements, and elects not to obtain such certification of audit, the health care facility shall file with the department:

(1) Uncertified financial statements according to the timeframes described in (a) and (b) above; and

(2) A certificate of authenticity which attests that the financial statements are correct in all material respects and is signed by an officer of the corporation, partner, or owner under penalty of unsworn falsification.

(d) A health care facility which is part of a consolidated financial statement may file the certified consolidated financial statements if it includes the consolidating schedules as supplemental information.

(e) A health care facility which is part of a consolidated financial statement, but whose certified consolidated financial statements do not contain the consolidating schedules as supplemental information, shall file with the department uncertified financial statements for the individual health care facility and a certificate of authenticity in accordance with (c)(1) and (2) above.

(f) Filings shall be accompanied by a letter from the health care facility noting the type of ownership, the name of the owner, and the number and type of licensed bed capacity.

(g) Upon written request by the department, a health care facility shall provide additional information regarding the fiscal condition of the facility within 30 days of the request or by some other date as specified in the request.

(h) A health care facility shall be permitted to disclose additional information to explain or clarify the financial data submitted.

(i) The following shall apply to health care facilities that participate in the medicare program and are required to file an annual medicare cost report with a medicare fiscal intermediary:

(1) Such facilities shall submit to the department a copy of the medicare cost report as filed and as settled; and

(2) Any health care facility that files a medicaid cost report shall be exempt from the submission requirement in (1) above, but shall be required to submit the medicare cost report as filed and as settled upon department request.

(j) The department shall make requests in (b), (g), and (i)(2) under the following circumstances:

(1) The department is requested to conduct a fiscal analysis by a department subdivision, a legislative committee, or the governor’s office; and

(2) The department’s request is directed towards an entire license class, a geographical subset of that license class, or some other subset for which a more targeted fiscal analysis is requested.

History

# 9781, eff 1-1-11, EXPIRED: 1-1-19
#12723, INTERIM, eff 2-14-19, EXPIRES: 8-13-19

N.H. Code Admin. R. Ann. He-C 1550.05 Request for Extension of Filing Deadlines {#sec-he-c-1550.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1550.05}

(a) Health care facilities shall submit a request for an extension of the filing deadline in He-C 1550.04 (a), (b), or (g) above as follows:

(1) Requests shall be made in writing;

(2) Requests shall be sent to the commissioner;

(3) Requests shall be received no later than 20 days prior to the filing deadline; and

(4) Requests shall include the following:

a. Contact information;

b. Reason for requesting the extension; and

c. New deadline.

(b) The commissioner shall grant an extension of the filing deadline if:

(1) The request meets the requirements in (a) above; and

(2) It is determined by the commissioner that the health care facility has demonstrated good cause for an extension.

(c) Good cause in (b)(2) means any circumstance beyond the health care facility’s control that prevents that facility from taking a required action, including:

(1) Death of the person, or in the person’s immediate family, who is responsible for preparing the facility’s fiscal information;

(2) Personal injury or serious illness of the person responsible for preparing the facility’s fiscal information, or that person’s immediate family member; or

(3) An unforeseeable situation with the facility’s audit firm that delays the audit beyond the 4-month period required in He-C 1550.03(b)(1) or (2).

History

# 9781, eff 1-1-11, EXPIRED: 1-1-19
#12723, INTERIM, eff 2-14-19, EXPIRES: 8-13-19

N.H. Code Admin. R. Ann. He-C 1550.06 Penalties {#sec-he-c-1550.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1550.06}

(a) Failure of a health care facility to provide to the department the financial data required in He-C 1550.04 above by the filing deadline, or by the filing deadline as extended pursuant to He-C 1550.05 above, shall result in the imposition of daily penalties in accordance with RSA 126:29.

(b) Pursuant to RSA 126:29, any amount of penalty imposed by the department shall not be allowed as a reimbursable cost item and shall not be recoverable from any category of payment source or patient.

History

# 9781, eff 1-1-11, EXPIRED: 1-1-19
#12723, INTERIM, eff 2-14-19, EXPIRES: 8-13-19

N.H. Code Admin. R. Ann. He-C 1550.07 Release of Information {#sec-he-c-1550.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 1550.07}

(a) In accordance with RSA 126:28 and He-C 1550.02(c), all financial information required to be filed by this part shall be considered confidential financial information and shall not be made available to the public upon request.

(b) The department shall use the financial information submitted by any or all health care facilities in its analyses of the financial condition of any or all of the health care facilities.

(c) Except as otherwise provided by law, the department may publicly release the results of such analyses founded in (b) above except that all confidential financial data shall be disguised, de-identified, or aggregated in such a way that does not allow for the identification the individual health care facility.

(1) Official UB-04 Data Specifications Manual

SOURCE: National Uniform Billing Data Element Specifications

AVAILABLE FROM:

National Uniform Billing Committee

American Hospital Association

840 Lake Shore Drive

Chicago, IL 60697

http://www.nubc.org/

ABSTRACT: A variety of code definitions for many of the fields included in the health care data submission requirements.

(2) Current Procedural Terminology (CPT) Codes (Data Element: MC055)

SOURCE: Physicians' Current Procedural Terminology (CPT) Manual

AVAILABLE FROM:

Order Department

American Medical Association

515 North State Street

Chicago, IL 60610

ABSTRACT: A listing of descriptive terms and identifying codes for reporting medical services and procedures performed by physicians.

(3) Health Care Common Procedural Coding System

SOURCE: Health Care Common Procedural Coding System

AVAILABLE FROM:

www.cms.gov/medicare/hcpcs.htm

Centers for Medicare and Medicaid Services

Center for Health Plans and Providers

CCPP/DCPC

C5-08-27

7500 Security Boulevard

Baltimore, MD 21244-1850

ABSTRACT: HCPCS is the Centers for Medicare and Medicaid Services (CMS) coding scheme to group procedures performed for payment to providers.

(4) Centers for Medicare and Medicaid Services National Provider Identifier

SOURCE: National Provider System

AVAILABLE FROM:

Centers for Medicare and Medicaid Services

Office of Information Services

Security and Standards Group

Director, Division of Health Care Information Systems

7500 Security Boulevard

Baltimore, MD 21244-1850

ABSTRACT: The Centers for Medicare and Medicaid Services is developing the National Provider Identifiers, which is proposed as the standard unique identifier for each health care provider under the Health Insurance Portability and Accountability Act of 1996.

(5) International Classification of Diseases Clinical Mod (ICD-9-CM) (and when available ICD-10-CM)

SOURCE: International Classification of Diseases, 9th Revision, Clinical Modification (ICD-9-CM) (and when available ICD10-CM)

AVAILABLE FROM:

U.S. National Center for Health Statistics

Commission of Professional and Hospital Activities

1968 Green Road

Ann Arbor, MI 48105

ABSTRACT: The International Classification of Diseases, 9th Revision, Clinical Modification, describes the classification of morbidity and mortality information for statistical purposes and for the indexing of hospital records by disease and operations.

(6) States and Outlying Areas of the U.S.

SOURCE: National Zip Code and Post Office Directory

AVAILABLE FROM:

U.S. Postal Service

National Information Data Center

P.O. Box 2977

Washington, DC 20013

ABSTRACT: Provides names, abbreviations, and codes for the 50 states, the District of Columbia, and the outlying areas of the U.S. The entities listed are considered to be the first order divisions of the U.S. Microfiche.

(7) X12 Directories

SOURCE: X12.3 Data Element Directory; X12.22 Segment Directory

AVAILABLE FROM:

Data Interchange Standards Association, Inc. (DISA)

Suite 200

1800 Diagonal Road

Alexandria, VA 22314-2852

ABSTRACT: The data element directory contains the format and descriptions of data elements used to construct X12 segments. It also contains code lists associated with these data elements. The segment director contains the format and definitions of the data segments used to construct the X12 transaction sets. This source also contains the Standards for the Classification of Federal Data on Race and Ethnicity Code Source: ASC X12 External Code Source 859 (Health Information and Surveillance Systems Board).

(8) ZIP Code

SOURCE: National Zip Code and Post Office Directory, Publication 65, The USPS Domestic Mail Manual

AVAILABLE FROM:

U.S. Postal Service

Washington, DC 20260

New Orders

Superintendent of Documents

P.O. Box 371954

Pittsburgh, PA 15250-7954

ABSTRACT: The ZIP Code is a geographic identifier of areas within the United States and its territories for purposes of expediting mail distribution by the U.S. Postal Service. It is five or nine numeric digits. The ZIP Code structure divides the U.S. into ten large groups of states. The leftmost digit identifies one of these groups. The next two digits identify a smaller geographic area within the large group. The two right-most digits identify a local delivery area. In the nine digit ZIP Code, the four digits that follow the hyphen further subdivide the delivery service area. The two leftmost digits identify a sector that may consist of several large buildings, blocks or groups of streets. The rightmost digits divide the sector into segments such as a street, a block, a floor of a building, or a cluster of mailboxes. The USPS Domestics Mail Manual includes information on the use of the new 11-digit ZIP code.

APPENDIX A: Incorporation by Reference Information

Rule

Title

Publisher; How to Obtain; and Cost

He-C 1501.05(a), (b), and (c)

National Uniform Billing Committee’s, “Official UB-04 Data Specifications Manual” (2022 Edition)

Publisher: National Uniform Billing Committee

Cost: $530-$4,176 based on number of users

The incorporated document is available at:

https://ams.aha.org/eweb/dynamicpage.aspx?webcode=listproduct&ptc_code=coding%20and%20billing

APPENDIX B

Rule

Specific State Statute the Rule Implements

He-C 1501

RSA 126:25; RSA 126:27

He-C 1501.01

RSA 126:25, RSA 126:27

He-C 1502.01

RSA 126:25

He-C 1503.01- 1503.13

RSA 126:25

He-C 1504.01

RSA 126:25; RSA 125:28; 45 CFR 46

He-C 1504.02

RSA 126:28; 45 CFR 46

He-C 1504.03

RSA 126:28; 45 CFR 46

He-C 1504.04

RSA 126:28; 45 CFR 46

He-C 1504.05

RSA 91-A:10; RSA 126:28; 45 CFR 46

He-C 1504.06

RSA 126:30

He-C 1504.07

RSA 126:30

He-C 1504.08

45 CFR 46; RSA 126:30

He-C 1504.09

45 CFR 46

He-C 1550.01

RSA 126:25

He-C 1550.02

RSA 126:25

He-C 1550.03

RSA 126:25, I(a)

He-C 1550.04

RSA 126:25, I(a)-(c)

He-C 1550.05

RSA 126:25

He-C 1550.06

RSA 126:29

He-C 1550.07

RSA 126:28; RSA 151-C:2, XI

History

# 9781, eff 1-1-11, EXPIRED: 1-1-19
#12723, INTERIM, eff 2-14-19, EXPIRES: 8-13-19

Chapter He-C 4000 Child Care Licensing Rules

Part He-C 4001 Nh Residential Child Care Licensing Rules

N.H. Code Admin. R. Ann. He-C 4001.01 Definitions {#sec-he-c-4001.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.01}

(a) “Administer” means an act whereby a single dose of a drug is instilled into the body of, applied to the body of, or otherwise given to a resident for immediate consumption or use.

(b) “Applicant” means a person, corporation, partnership, voluntary association, or other organization, either established for profit or otherwise, who intends to operate one or more residential child care programs, and who indicates that intent to the unit by submitting an application and the application attachments required by He-C 4001.02.

(c) “Authorized staff” means program staff that have completed training in medication safety and administration who are responsible for administration of medications to residents.

(d) “Child” means “child” as defined in RSA 170-E:25, I.

(e) “Child abuse” means the infliction on a child of any of the behaviors set forth in RSA 169-C:3, II (a) - (f).

(f) “Child care agency” means “child care agency” as defined in RSA 170-E:25, II.

(g) “Child endangerment” means the negligent violation of a duty of care or protection owed to a child or negligently inducing a child to engage in conduct that endangers their health or safety.

(h) “Child neglect” means any of the behaviors or circumstances set forth in RSA 169-C:3, XIX (a) or (b).

(i) “Clinical coordinator” means a staff member employed by the residential treatment program responsible for administrative oversight of the clinical services provided at the program. This term includes “treatment coordinator.”

(j) “Clinical staff” means individuals who have a master’s degree in a clinical field such as social work, marriage and family therapy, psychology, guidance counseling, or a degree that would make one eligible for a license from the NH board of mental health practice or NH board of psychologists.

(k) “Commissioner” means the commissioner of the NH department of health and human services, or their designee.

(l) “Corporal punishment” means use of aggressive physical contact or other action designed to cause the resident discomfort, used as a penalty for behavior disapproved of by the punisher.

(m) “Corrective action plan” means “corrective action plan” as defined in RSA 170-E:25, V.

(n) “Department” means “department” as defined in RSA 170-E:25, VI.

(o) “Direct care staff” means program staff who are responsible for providing direct care to residents.

(p) “Directed corrective action plan” means a corrective action plan that is developed and issued by the unit.

(q) “Discharge” means “discharge” as defined in RSA 170-E:42-a, I(a).

(r) “Evaluation” means a multi-disciplinary assessment of the resident’s level of function by professionals licensed or certified in their respective fields of practice or study, which enables facility staff to plan care that allows the resident to reach their highest practicable level of physical, mental, and psychosocial functioning.

(s) “Field trip” means any excursion off the premises of the residential child care program with residential child care staff, other than routine or unplanned local travel such as walks in the neighborhood, travel to the local library, or other routine travel such as travel to and from school, employment, local appointments, or travel to do local errands.

(t) "Full medical withdrawal management" means a protocol for a resident receiving 24-hour nursing supervision overseen by a licensed practitioner, who might be incapable of evacuating a facility on their own or might have medical conditions that require immediate medical intervention, such as seizures, tremors, delirium, cardiac, or are a danger to themselves or others.

(u) “Group home” means “group home” as defined in RSA 170-E:25, II(c).

(v) “Guardian” means “guardian” as defined in RSA 170-E:25, VII.

(w) “Homeless youth” means a person 16 through 20 years of age who is unaccompanied by a parent or guardian and is without shelter where appropriate care and supervision are available, whose parent or legal guardian is unable or unwilling to provide shelter and care, or who lacks a fixed, regular, and adequate residence.

(x) “Homeless youth program” means “homeless youth program” as defined in RSA 170-E:25, II(f).

(y) “Household member" means any person who resides in a child care program other than child care personnel or children admitted to the child care program.

(z) “Incident” means:

(1) Resident behavior that is extreme, including, but not limited to, behavior that is assaultive, destructive, self-injurious, or self-destructive; or

(2) An occurrence involving an accident or injury of a resident, or requiring outside agency involvement.

(aa) “Independent living” means transition to adulthood whereby the resident negotiates living on their own with a set of skills and goals based on the resident’s needs and interests.

(ab) “Independent living home” means “independent living home” as defined in RSA 170-E:25, II(d).

(ac) “License” means “license” as defined in RSA 170-E:25, IX.

(ad) “License capacity” means the maximum number of residents that can be admitted to and present in the residential child care program, as authorized by the license issued.

(ae) “Licensed clinical supervisor” means a registered nurse (RN) licensed under the state of New Hampshire pursuant to RSA 326-B, or an individual licensed by the board of licensing for alcohol and other drug use professionals or board of mental health practice to practice and supervise substance use counseling who meets the initial licensing qualifications set forth in RSA 330-C:18.

(af) “Licensed practitioner” means a:

(1) Medical doctor;

(2) Physician’s assistant;

(3) Advanced practice registered nurse (APRN);

(4) Doctor of osteopathy;

(5) Doctor of naturopathic medicine; or

(6) Any other practitioner with diagnostic and prescriptive powers licensed by the appropriate state licensing board.

(ag) “Mechanical restraint” means “mechanical restraint” as defined in RSA 126-U:1, IV(b).

(ah) “Medical director” means a practitioner licensed in accordance with RSA 329 or RSA 326-B, who is responsible for overseeing the quality of medical care and services in a specialized care program.

(ai) “Medical technology dependent” means a resident with limitations so severe as to require both an assistive medical technology device to compensate for the loss of a vital body function and significant and sustained care to avert death or further disability. Assistive medical technology devices include, but are not limited to tracheostomy tube, feeding tube, c-pap or bi-pap machines, and wheelchairs.

(aj) “Medication” means a drug prescribed for a resident by a licensed practitioner and over-the-counter medications.

(ak) “Medication log” means a written record of medications administered to a resident.

(al) “Medication occurrence” means any error in the administration of a medication as prescribed or in the documentation of such administration, with the exception of a resident’s refusal.

(am) “Medication restraint” means “medication restraint” as defined in RSA 126-U:1, IV(a).

(an) “Mental illness” means a substantial impairment of emotional processes, or of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. It does not include impairment primarily caused by:

(1) Epilepsy;

(2) Intellectual disability;

(3) Continuous or non-continuous periods of intoxication caused by substances such as alcohol or drugs; or

(4) Dependence upon or addiction to any substance such as alcohol or drugs.

(ao) “Monitoring visit” means an announced or unannounced visit made to a residential child care program by department personnel for the purpose of assessing compliance with the standards set by rule adopted by the commissioner pursuant to RSA 541-A.

(ap) “Nursing care” means the provision or oversight of a resident’s physical, mental, or emotional condition by diagnosis as confirmed by a licensed practitioner.

(aq) “Orders” means instructions by a licensed practitioner, produced verbally, electronically, or in writing for medication, treatments, recommendations, and referrals, and signed by the licensed practitioner using terms such as authorized by, authenticated by, approved by, reviewed by, or any other term that denotes approval by the licensed practitioner.

(ar) “Parent” means a father, mother, legal guardian, or other person or agency responsible for the placement of a resident.

(as) “Permanency” means a permanent connection with at least one adult committed to helping the homeless youth meet their needs throughout their life.

(at) “Permit” means “permit” as defined in RSA 170-E:25, X.

(au) “Pre-service training” means training or education required to meet the minimum qualifications for the position of program director, as specified in He-C 4001.19(e), or direct care staff, as specified in He-C 4001.19(f).

(av) “Procedure” means a licensee’s written, standardized method of performing duties and providing services.

(aw) “Program director” means the individual who has responsibility for the daily operation of the residential child care program.

(ax) “Program staff” means all staff, both professional and non-professional, including direct care staff, who are responsible for the supervision, care, or treatment of residents.

(ay) “Pro re nata (PRN)” means medication administered as circumstances might require in accordance with licensed practitioner’s orders.

(az) “Rehabilitative and restorative services” means interventions provided including any medical or remedial services recommended by licensed practitioner within the scope of the residential treatment program’s practice to reduce a physical or mental disability and restore a recipient to their best functional level.

(ba) “Repeat citation” means a citation of a specific licensing rule or law for which the unit has cited the program during the past 3 years, which has not been removed after an informal dispute resolution or overturned after an adjudicatory procedure and that posed a health or safety risk to residents.

(bb) “Reportable incident” means an occurrence of any of the following while the resident is either in the program or in the care of program personnel:

(1) The death of the resident;

(2) Suspected abuse or neglect of the resident;

(3) Emergency medical treatment for the resident;

(4) The impairment of the resident while at the program;

(5) A medication occurrence that required medical intervention for the resident; or

(6) The unexplained absence of a resident from the program.

(bc) “Resident” means a child who has been admitted to a residential child care program.

(bd) “Residential child care program (program)” means “child care agency” as defined in RSA 170-E:25, II.

(be) “Restraint” means “restraint” as defined by RSA 126-U:1, IV.

(bf) “Runaway” means a child who is absent without leave or permission from the program that is responsible for the supervision of that child.

(bg) “Sanitize” means to clean by removing all organic material, then wiping or washing the surface with a disinfecting or germicidal solution or a commercial product designed to kill germs and which, when used in accordance with manufacturer’s directions, does not pose a health or safety risk to residents.

(bh) “Seclusion” means “seclusion” as defined in RSA 126-U:1, V-a.

(bi) “Short term” means a placement which is intended to last for 60 days or less, unless the program has written documentation on file that the 60 day period has been extended by the department’s division for children, youth and families (DCYF), juvenile justice services (JJS), or by the referring agency.

(bj) "Specialized care" means "specialized care” as defined in RSA 170-E:25, II(e). Such care includes substance use disorder and behavioral health. The term also includes “specialized care program (SCP)”.

(bk) “Substance use disorder (SUD)” means a disease that affects a person’s brain and behavior and might lead to an inability to control the use of a legal or illegal substance. Substances can include alcohol and other drugs.

(bl) “SUD program” means a residential program, excluding hospitals as defined in RSA 151:2, I(a), which provides residential SUD treatment relating to the youth’s medical, physical, psychosocial, vocational, and educational needs.

(bm) “Time out” means the restriction of a resident for a period of time to a designated area from which the resident is not physically prevented from leaving, for the purpose of providing the resident the opportunity to regain self-control or as a consequence to a specific behavior.

(bn) “Transfer” means “transfer” as defined in RSA 170-E:42-a, I(b).

(bo) “Treatment plan” means the program’s written, time-limited, goal-oriented therapeutic plan for the child and family, which includes strategies to address the issues that brought the child into placement, and which is developed by the family, program staff, and the agency responsible for the placement of the child. This includes, but is not limited to, a child specific planning document prepared in cooperation with DCYF, JJS, a school district, or other placing or sending organization, or a treatment plan document that complies with He-C 6350.

(bp) “Unit” means the department’s child care licensing unit.

(bq) “Volunteer” means an unpaid person who assists with the provision of food services or activities, and who does not provide direct care or assist with direct care.

(br) “Withdrawal management” means a residential treatment service provided by appropriately trained staff who provide 24-hour supervision, observation, and support for youth who are intoxicated or experiencing withdrawal with prescription medication administered based on the results of an appropriate evaluation tool.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; (see also Revision Note at part heading for He-C 4001); ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.02 Application Form and Attachments {#sec-he-c-4001.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.02}

(a) Any person or entity who intends to operate a residential child care program shall create an account in “NH Childcare Information System (NHCIS)” at https://new-hampshire.my.site.com/nhccis/s/login or obtain an application packet from the unit.

(b) All applicants for licensure shall complete and submit an application by either applying online via the NHCIS portal described in (a) above, or by submitting an “Application for Residential Childcare” (February 2025), to the unit, certifying the following:

“I understand that the department may investigate any criminal conviction record, finding of child abuse or neglect, or investigation of or final determination regarding any juvenile delinquency and will make a determination regarding whether the individual poses a current risk to the health, safety or well being of children;

I understand that the department may delay its decision to approve or deny this application pending the outcome of any investigation, when the applicant, owner, or program director, are named as the perpetrator in any current investigation of any crime, or in an allegation of abuse or neglect;

I understand that providing false information on this application or any of the attachments, or failing to disclose any information required on the application, or required to be submitted with this application, shall be considered grounds for license denial or revocation;

I have read the NH residential child care program licensing rules, He-C 4001, and understand that failure to maintain the program in compliance with the applicable rules, may jeopardize my license/permit; and

All information provided as part of this application and in the required attachments is true and complete to the best of my knowledge.”

(1) Written approval from the local health officer, documenting that within the 12 months immediately preceding the date the unit receives the application, the premises has been inspected and approved by a local health officer or duly appointed designee;

(2) A completed “New Hampshire State Fire Code Compliance Report” (February 2025), documenting that, within the 12 months immediately preceding the date the unit receives the application, the premises has been inspected and approved for compliance with the state fire code as defined in RSA 153:1 and as amended by rules adopted pursuant to RSA 153:3, including but not limited to, NFPA 1 and NFPA 101;

(3) Documentation from the applicable town or city that the program has been granted zoning approval and any zoning requirements or restrictions, as applicable, or that no zoning approval is required;

(4) Documentation of education and experience that shows that the program director meets the requirements for their position, as specified in He-C 4001.19(g), which shall include the following:

a. Copies of transcripts, certificates, diplomas, or degrees as applicable; and

b. A resume or other documentation of previous experience;

(5) A copy of documents required by the secretary of state regarding the trade name, limited liability corporation, or corporation, as applicable, documenting approval to conduct business in New Hampshire, and that the entity is in good standing; and

(6) Plans for all residential child care spaces to include:

a. Room description and dimensions;

b. Location of egresses;

c. Fixtures, such as toilets, sinks, bathtubs, and showers;

d. Overall dimension of outdoor play space;

e. Location of fencing and gates, if any;

f. Location of stationary play or recreation equipment; and

g. Location and description of hazards such as pools, bodies of water, or streets.

(d) The applicant, program directors, and all household members aged 10 years and older, shall submit for a background record check as specified in He-C 4001.31.

(e) The unit shall not consider an application complete until it receives all the information specified in (b), (c), and (d) above.

(f) Residential child care programs that have multiple buildings on the same or adjoining property may apply for a single license for those multiple buildings provided that:

(1) In accordance with residential child care space requirements specified in He-C 4001.16, each residence has adequate square footage, common living space, and complete bathroom units for the number of residents who will reside in each building;

(2) An individual who meets at least the minimum qualifications of a direct care staff is designated in charge in each building; and

(3) All program staff and residents are aware of the identity of the direct care staff designated in charge in each building.

(g) Upon receipt of a complete license application, unit staff shall complete an inspection for compliance with He-C 4001.

(h) After the inspection in (g) above, the unit shall issue a 6-month permit or 3-year license, pursuant to He-C 4001.04 and RSA 170-E:31, III and V, that reflects the age range and maximum number of children approved by the local officials, the measured space, and the number of bathroom units.

(i) The permit or license shall:

(1) Not be transferable to a new owner or to a new location; and

(2) No longer be valid when:

a. The licensee has surrendered a license or permit;

b. The license has expired and a complete application form with attachments has not been received by the unit; or

c. The license or permit has been revoked or suspended, and the licensee:

Did not request an administrative hearing; or
Requested an administrative hearing and a decision was issued upholding the revocation or suspension.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20 (see also Revision Note at part heading for He-C 4001); ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.03 Procedures for License Renewal and Revisions {#sec-he-c-4001.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.03}

(a) No less than 3 months prior to the expiration date of the current license, each licensee shall submit an application, to the unit, either online via the NHCIS portal described in He-C 4001.02(a), or by utilizing the “Application for Residential Childcare” form (February 2025).

(b) The following shall be submitted along with the application in (a) above:

(1) The application attachments specified in He-C 4001.02(c)(1), (2), and (5); and

(2) The application attachments specified in He-C 4001.02(c)(6), if there has been changes to the space since the previous application was filed.

(c) In accordance with RSA 541-A:30, I, an existing license shall not expire until the department takes final action upon the renewal application, provided a licensee submits a timely application in accordance with this section.

(d) Prior to adding a license type or prior to relocating, a licensee shall apply for revision of the license by submitting an application in accordance with He-C 4001.02(a) and (c)(1), (2), (3), and (6), as applicable.

(e) A licensee shall notify the unit in writing when adding space not previously approved by the unit, increasing the capacity in one or more buildings, or increasing the overall program capacity.

(f) When a program applies for a revision that will exceed any limits or condition on the written approvals from the local health officer the local fire department, or local zoning officials, the program shall submit new health officer, fire department, and zoning approvals as applicable for each building for which it is seeking a license revision.

(g) The licensee shall not relocate, increase enrollment beyond the current license capacity, or use space not previously approved by the unit, until the unit issues the program a revised license or the program receives other written authorization by the unit.

(h) A licensee shall notify the unit in writing when they wish to change the name of the program, so that the unit can issue a revised license that reflects the name change.

(i) A licensee who discontinues using a space for residential child care shall notify the unit in writing within 5 business days of the change so that the unit can record the change in the file and revise the license accordingly, if necessary.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #14214, eff 4-1-24

N.H. Code Admin. R. Ann. He-C 4001.04 Time Frames for Departmental Response to Applications, Petitions, or Requests {#sec-he-c-4001.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.04}

(a) Pursuant to RSA 541-A:29, the department shall approve or deny an application, petition, or request no later than 60 days from receipt of the application, petition, or request and any additional information requested by the department.

(b) The 60 days specified in (a) above shall begin on the date on which all requested information is received by the department.

(c) Any outstanding corrective action plan for violations of rule or statute shall be considered additional information under (a) above.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; ss by #14214, eff 4-1-24

N.H. Code Admin. R. Ann. He-C 4001.05 Board of Directors {#sec-he-c-4001.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.05}

(a) Each program that is incorporated shall have a duly appointed board of directors.

(b) The applicant or licensee shall:

(1) If incorporated, provide a list of the names, addresses, and telephone numbers of current members of the board of directors, and have a copy of current rules of the board of directors on file and made promptly available on the premises of the program for review by the unit upon request during all visits; and

(2) If governed by any other governing body, provide a list of the names, addresses, and telephone numbers of current members of the governing body, and have a copy of any rules by which the governing body operates on file and made promptly available on the premises of the program for review by the unit upon request during all visits.

(c) The board of directors for programs that are incorporated and the owner or governing body for programs that are not incorporated shall maintain a sufficient degree of oversight of the program’s operations to ensure that the program is complying with the provisions of RSA 170-E, this part, and any policies and procedures adopted by the program.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #14214, eff 4-1-24

N.H. Code Admin. R. Ann. He-C 4001.06 Statements of Findings and Corrective Action Plans {#sec-he-c-4001.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.06}

(a) The unit shall issue a statement of findings to the applicant or licensee for each licensing and monitoring visit, and each investigatory visit which results in non-compliance with any of the provisions of RSA 170-E or He-C 4001.

(b) At the close of any visit or when an investigation is concluded, or as soon as possible thereafter, the unit shall review with the program director or their designee, a summary of any citations of rules found during the visit.

(c) Within 21 calendar days of the review in (b) above, the unit shall provide the statement of findings via email, by uploading to the program’s NHCIS portal, if applicable, or by U.S. mail if an email address has not been provided.

(d) The program shall not alter the statement of findings, including but not limited to revising evidence or dates as documented by the unit.

(e) The program director or their designee shall submit a corrective action plan for each citation included on the statement of findings, and include:

(1) The action the program has taken or shall take to correct the citations, including any interim measures implemented to protect the health and safety of residents pending correction of the non-compliance;

(2) What measures or systemic changes the program shall implement to ensure that the non-compliance does not recur;

(3) The date by which the program corrected or shall correct each citation; and

(4) The dated signature of the program director or their designee when the corrective action plan is submitted in writing.

(f) The program director or their designee shall complete corrective action plans and return them to the unit in accordance with the following:

(1) The corrective action plan shall be submitted to the unit within 21 calendar days of the date the unit issues the statement of findings; and

(2) The names of individuals shall not be included in the corrective action plans.

(g) The only exceptions to (f)(1) above shall be as follows:

(1) When a program director or their designee requests an informal dispute resolution in accordance with He-C 4001.08, the corrective action plan due date shall be 21 calendar days from:

a. The date the program receives notice of the unit’s decision regarding the informal dispute resolution if the unit is not issuing a revised statement of findings; or

b. The date the unit issues the revised statement of findings as a result of the informal dispute resolution; and

(2) When the program director or their designee requests and receives an extension from the unit, when a corrective action plan cannot be completed and returned by the due date.

(h) When the corrective action plan submitted to the unit by the program in accordance with (e) and (f) above is not acceptable, the unit shall notify the licensee in writing of the reason for rejecting the proposed corrective action plan and request submission of a new corrective action plan.

(i) When a program fails to submit an acceptable corrective action plan, the unit shall create and issue an acceptable corrective action plan, and the program shall return and implement the corrective action plan in accordance with (e) and (f) above.

(j) The unit shall verify implementation of the corrective action plan submitted and approved by the unit by:

(1) Reviewing materials submitted by the licensee;

(2) Conducting a follow-up inspection; or

(3) Reviewing compliance during any subsequent visit conducted in accordance with RSA 170-E:31, IV, RSA 170-E:32, II, or RSA 170-E:40, II.

(k) When the findings of any inspection or investigation indicate that immediate corrective action is required to protect the health and safety of the residents or personnel, the unit shall order the immediate implementation of a directed corrective action plan developed by the unit.

(l) The existence of a corrective action plan shall not prohibit the department from taking other enforcement action available to it under He-C 4001, RSA 170-E, RSA 541-A, or other law.

(m) The department shall initiate enforcement action without requesting that the program submit a corrective action plan when it finds repeat non-compliance with licensing rules or statute, or when it finds non-compliance with a rule or statute resulted in physical injury to a resident or caused a resident to be in danger of physical injury.

(n) Programs shall comply with approved corrective action plans and corrective action plans issued in accordance with (i) and (k) above.

(o) Programs shall maintain on file on the premises and make available upon request to clients and perspective clients, a copy of the statement of findings and corrective action plan approved or issued by the unit for the visit immediately preceding the visit represented on the last statement of findings issued.

(p) All statements of findings issued for non-compliance with any of the provisions of RSA 170-E or He-C 4001, and the corrective action plans submitted in response to those citations shall be considered public information on or after the corrective action plan due date as specified herein.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #14214, eff 4-1-24

N.H. Code Admin. R. Ann. He-C 4001.07 Complaints and Investigations {#sec-he-c-4001.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.07}

(a) In accordance with RSA 170-E:40, I and II, the department shall respond to any complaint that meets the following conditions:

(1) The alleged non-compliance occurred within 6 months of the date of the allegation(s);

(2) The complaint includes the complainant’s first-hand knowledge regarding the allegation(s) or on information reported directly to the complainant by a resident who has first-hand knowledge regarding the allegation(s);

(3) There is sufficient specific information for the unit to determine that the allegation(s), if proven to be true, would constitute non-compliance with any of the provisions of He-C 4001 or RSA 170-E; or

(4) The complaint is from any source and alleges non-compliance that occurred at any time if the complaint alleges:

a. Physical injury or abuse;

b. Verbal or emotional abuse; or

c. The danger of physical injury to one or more residents.

(b) After the investigation of a complaint has been completed and the unit determines the complaint is founded, the unit shall issue a statement of findings listing the citation(s) found resulting from the investigation and any other citation(s) found during the investigation.

(c) When the unit determines the complaint unfounded, the unit shall send a notice to the program advising that the complaint was unfounded.

(d) The records compiled during an investigation shall be confidential as required by RSA 170-E:40, III.

(e) Programs shall conduct an internal assessment regarding allegations of staff treatment of residents by obtaining basic information necessary to determine whether the staff presents a current health or safety risk to the residents.

III.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151 eff 12-30-20; ss by #14214, eff 4-1-24

N.H. Code Admin. R. Ann. He-C 4001.08 Informal Dispute Resolution {#sec-he-c-4001.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.08}

(a) An opportunity for informal dispute resolution shall be available to the licensee who disagrees with a citation issued by the unit.

(b) When requesting an informal dispute resolution, the applicant, licensee, or program director shall:

(1) Submit a written notice to the unit requesting an informal dispute resolution no later than 14 days from the date of issuance of the statement of findings; and

(2) Include in the notice why the program believes that the unit erroneously issued the citation as noted in the statement of findings.

(c) The unit shall provide a written notice of decision within 30 days from receipt of the request and receipt of any information provided to support the reasons for the dispute.

(d) An informal dispute resolution shall not be an option for any applicant or licensee against whom the unit has initiated a fine, a conditional license, or action to suspend, revoke, deny, or refuse to issue or renew a license, unless the applicant or licensee waives their right to the appeal the action initiated.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #14214, eff 4-1-24

N.H. Code Admin. R. Ann. He-C 4001.09 Enforcement Action and Administrative Appeals {#sec-he-c-4001.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.09}

(a) The department shall revoke or suspend a license or deny an application for a new license, license renewal or license revision, in accordance with the provisions of RSA 170-E:27, II, RSA 170-E:29, III and IV, RSA 170-E:29-a, and RSA 170-E:35 if:

(1) After being notified of and given an opportunity to supply missing information, the application does not meet the requirements of He-C 4001.02;

(2) After being notified by the department that an adult or a juvenile who is not a resident admitted to the program may pose a risk to residents, the applicant or licensee refuses to submit a corrective action plan which ensures that the individual is removed from employment or from the household and will not have access to the residents in care;

(3) An applicant or licensee has endangered or continues to endanger one or more residents by a negligent violation of a duty of care or protection owed to the child or negligently inducing such child to engage in conduct that endangers his health or safety;

(4) The applicant or licensee has been found guilty of abuse, neglect, exploitation of any person or has been convicted of child endangerment, fraud or a felony against a person in this or any other state by a court of law, or has been convicted of any crimes as referenced in RSA 170-E:29, III or IV, or RSA 170-E:29-a, or had a complaint investigation for abuse, neglect, or exploitation substantiated by the department or in any other state;

(5) The applicant, licensee or designee of the applicant knowingly provides materially false or misleading information to the department, including information on the application or in the application attachments;

(6) The applicant, licensee or any representative or employee of the applicant fails to cooperate with any inspection, investigation or visit by the department;

(7) The applicant or licensee violates any of the provisions of RSA 170-E:24 –49 or He-C 4001;

(8) The applicant or licensee has demonstrated a history or pattern of multiple or repeat violations of RSA 170-E, or He-C 4001, that pose or have posed a health or safety risk to residents; or

(9) The applicant or licensee fails to submit an acceptable corrective action plan or fully implement and continue to comply with a corrective action plan that has been accepted by the department in accordance with He-C 4001.06.

(b) If a license has been revoked, or has expired without timely application for renewal having been made in accordance with He-C 4001, operation shall be discontinued immediately.

(c) The department shall notify applicants or licensees affected by a decision of the department to deny, revoke or suspend a license of their right to an administrative appeal in accordance with RSA 170-E:36.

(d) If an applicant or licensee fails to request an administrative appeal in writing within 10 days of the receipt of the notice required by RSA 170-E:36, I, the action of the department shall become final.

(e) Administrative appeals under this section shall be conducted in accordance with RSA 170-E:36, II, III, and IV, RSA 170-E:37, RSA 541-A and He-C 200.

(f) Further appeals of department decisions under this section shall be governed by RSA 541-A and RSA 170-E:37.

(g) Any licensee who has been notified of the department’s intent to revoke or suspend a license or deny an application for a license renewal may be allowed to continue to operate during the appeal process except as specified in (h) below.

(h) When the department includes in its notice of revocation or suspension an order of immediate closure, pursuant to RSA 170-E:36, III or RSA 541-A:30, III, the program shall immediately terminate its operation and not operate during the appeal process except under court order, or as provided by RSA 541-A:30, III.

(i) The department shall initiate a suspension of a license rather than revocation when it determines that the action is being initiated against a program that does not have a history of repeat violations of licensing rules or statute and the action is based on a violation or situation which is:

(1) Related to a correctable environmental health or safety issue, including but not limited to, a problem with a program’s water supply, septic system, heating system, or structure; and

(2) Documented by the program as being temporary in nature.

(j) Except for (h) above, any suspension of a license that has not been appealed, or any suspension of a license that has been upheld on appeal shall remain in effect until the department notifies the program whose license was suspended that the suspension has been removed because:

(1) The violation which resulted in the suspension has been corrected; or

(2) The suspension was based on loss of fire or health officer approval and the local fire inspector or inspector from the state fire marshal’s office, or health officer has reinstated the previously rescinded approval.

(k) Upon receipt of notice of the department’s intent to revoke, suspend, deny or refuse to issue or renew a license, the applicant or licensee receiving the notice shall immediately provide the department with a list of the names, addresses and phone numbers of the person or agency responsible for the placement of each current resident.

(l) Based upon information provided under (k) above, the department shall notify the person or agency responsible for the placement of each current resident that the department has initiated action to revoke or suspend the license or deny an application for a license renewal.

(m) The department shall send a copy of the notice required in (l) above to the following entities:

(1) The health officer and fire inspector in the town in which the program is located;

(2) The state office of the United States Department of Agriculture, Child and Adult Food Program, if the residential child care program participates in that program;

(3) The New Hampshire department of education if the program has a school on the premises; and

(4) The director of DCYF.

(n) When a program’s license has been revoked or denied, the department has refused to renew a license, or an application has been denied by the department, if the enforcement action specifically pertained to their role in the program, the applicant, licensee, program director or executive director, shall not be eligible to reapply for a license, or be employed as an executive director or program director for at least 5 years from:

(1) The date of the department’s decision to revoke or deny the license, if no appeal is filed; or

(2) The date an order is issued upholding the action of the department, if that action has been appealed.

(o) Notwithstanding (n) above, the department shall accept an application submitted after the decision to revoke or deny becomes final, provided there has been no violation of RSA 170-E:27, II, RSA 170-E:35, I, or RSA 170-E:35, XIII, only under the following circumstances:

(1) The applicant or licensee, when licensed, did not demonstrate a pattern of repeat violation of licensing rules or statute;

(2) The denial was based on the applicant or licensee’s inability or failure to correct a violation caused by a temporary condition which has been corrected; or

(3) The licensee or applicant who was denied an initial application shows that circumstances have substantially changed such that the department now has good cause to believe that the applicant has the requisite degree of knowledge, skills and resources necessary to maintain compliance with the provisions of RSA 170-E and He-C 4001.

(p) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 170-E, RSA 541-A, He-C 4001 or other law.

(q) Requests for reconsideration or appeal of any decision by a hearings officer shall be filed within 30 days of the date of the decision.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #14214, eff 4-1-24

N.H. Code Admin. R. Ann. He-C 4001.10 Duties and Responsibilities of the Licensee {#sec-he-c-4001.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.10}

(a) The program shall abide by the provisions specified on the permit or license.

(b) Program staff shall:

(1) Display a copy of the current permit or license issued by the department in a prominent location in each building in which residents are housed; and

(2) Not alter the permit or license issued by the department.

(d) Any licensee, program staff, or other person involved with a program who has reason to suspect that a resident is being abused or neglected shall, immediately or as soon as is reasonably possible, report the suspected abuse or neglect to DCYF at 1-800-894-5533.

(e) When direct care staff who are witness or party to any event that meets the mandated reporting requirement in RSA 169-C:29, the program shall provide opportunity and support to such staff to make the required report. Whenever possible, the staff directly involved or witness to the event shall make reports to the department, with assistance from administrative staff as needed to assure all necessary information is available to make a complete report.

(f) Program staff shall safeguard the confidentiality of all records and personal information regarding any resident.

(g) Applicants, licensees, and all program staff shall keep confidential all records required by the department pertaining to the admission, progress, health, transfer, and discharge of residents under their care and all facts learned about residents and their families with the following exceptions:

(1) Program staff shall, upon request, make available to the department all records that programs are required by RSA 170-E or He-C 4001 to keep, and to such records as necessary for the department to determine staffing patterns and staff attendance; and

(2) Other than as specified in (g)(1) above, program staff shall release information regarding a specific resident only as directed by a parent or guardian of that resident, or upon receipt of written authorization to release such information, signed by that resident’s parent or guardian, unless otherwise restricted by applicable state or federal law.

(h) Information collected by the department during the application process shall be released:

(1) To the applicant, licensee, or their designated representative;

(2) Upon receipt of written authorization by the applicant or licensee to release information; or

(3) To federal, state, and local officials or the entities that provided reports.

(i) Except for law enforcement agencies or in an administrative proceeding against the applicant or licensee, the department shall keep confidential any information collected during an investigation, unless it receives an order from a court of competent jurisdiction ordering the release of specific information.

(j) Applicants, licensees, members of the board of directors or other governing body, program staff, child care interns, child care assistants, and volunteers shall cooperate with the department during all departmental visits authorized under RSA 170-E and He-C 4001.

(k) For the purposes of (j) above, cooperation shall include, but not be limited to not interfering with efforts by representatives of the department to:

(1) Enter the premises and complete an inspection;

(2) Document evidence or findings by taking written statements, and by photographing toys, equipment, and learning materials or conditions inside or outside residential child care space and other areas of the premises accessible to residents;

(3) Make an audio recording of conversations with individuals who have consented to the audio recording;

(4) Interview all individuals whom the department determines might have information relevant to the issues being evaluated; and

(5) Review and reproduce any forms or reports which the applicant or licensee is required to maintain or make available to the department under He-C 4001.

(l) All records and written policies required by He-C 4001 shall be maintained on file and on the premises for review, or provided within 48 hours of a request, for all current staff and residents.

(m) Programs shall retain records in accordance with the following:

(1) For 2 years from the date a resident is transferred or discharged;

(2) For 2 years from the date of termination for records related to staff; and

(3) For all other records 2 years from the date the record was created.

(n) The exception to (l) above shall be when program staff shows good cause as to why the requested reports or records are not immediately available. In such case, the provider shall make the records available within 2 business days, or otherwise obtain an extension from the unit. Good cause shall include circumstances beyond the licensee’s control or other extenuating circumstances.

(o) When the individual who has been identified and approved by the unit as program director leaves the position, the licensee or designee shall:

(1) Notify the unit of the departure of the program director within 10 days;

(2) Within 10 days of the departure of the director, notify the unit of the name of the individual who is temporarily serving as the program director and who meets at least the minimum requirements of a direct care staff; and

(3) Within 120 days of the date of departure of the program director, notify the unit and submit information and documentation required under He-C 4001.02(i) and (j) for the new, qualified program director.

(p) The applicant, licensee, or any child care staff shall not:

(1) Make false or misleading statements to the department, whether verbal or written; or

(2) Falsify any documents, other written information, or reports issued by or required by the department under He-C 4001.

(q) The applicant or licensee shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances.

(r) The applicant or licensee shall establish, in writing, a chain of command that sets forth the line of authority for the operation of the program.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.11 Health Requirements for Program Staff and Adult Household Members {#sec-he-c-4001.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.11}

(a) A written record of physical examination shall be on file for all program employees and household members who will have regular contact with residents.

(b) The written record of physical examination required in (a) above shall contain or identify:

(1) The name of the examinee;

(2) The date of the examination;

(3) Any contagious or other illness that would affect the examinee’s ability to care for residents or pose a risk to the health or safety of residents;

(4) A record of a negative Mantoux Tuberculin (TB) test for individuals who are determined by a licensed practitioner to be at high risk for exposure to Tuberculosis or the results of a chest x-ray and medical assessment when the individual has a positive TB test due to prior exposure;

(5) Any known limitations or restriction that would affect the examinee’s performance of their residential child care responsibilities or pose a risk to the health or safety of residents;

(6) The signature of the licensed practitioner and date signed; and

(7) The typed or printed name and telephone number of the licensed practitioner.

(c) The initial record of physical examination for newly hired program staff shall have been completed not more than l2 months preceding the date of hire or the date the individual began having regular contact with residents.

(d) When a newly hired program staff has not had a physical exam in accordance with (b) above, an appointment for a future physical exam shall be scheduled within 10 business days of the date the individual begins having regular contact with residents.

(e) When any program staff, intern, child care assistant, volunteer, resident, or household member has symptoms of a reportable communicable disease, not diagnosed by a licensed practitioner, the program director or their designee shall contact the department’s bureau of communicable disease control for instructions regarding exclusion, controlling the spread of the disease, and reporting requirements.

(f) The only exception to (e) above shall be for human immunodeficiency virus (HIV) infection, specifically, the identity of any individual with HIV infection shall be held confidential in accordance with RSA 141-F:8.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.12 Communicable Disease Issues and Health Requirements for Residents and Other Children {#sec-he-c-4001.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.12}

(a) Parental authorization for medical treatment shall be on the premises for each resident upon his or her first day of residence in the program, except for residents in short term placement, and available in accordance with He-C 4001.10(n).

(b) Physical examinations shall be completed for children admitted to the program as residents and children who reside on the premises of the program.

(c) A child health form or an equivalent record of physical examination documenting that a physical examination was completed within the past 12 months shall be on file for each child, as specified in (b) above, within 30 days of the date any child begins residing on the premises of the program.

(d) When a child has not had a physical examination as required in (c) above, the program shall schedule an appointment for a future physical exam within 10 business days of the date the child begins residing at the program.

(e) The child health form or equivalent record of physical examination required under (c) above shall include at least the following:

(1) The name and date of birth of the child or resident;

(2) The date of the exam;

(3) Diagnoses, if any, and a description of any health condition that might affect the child or resident’s participation in the program;

(4) Documentation of immunizations, including dates immunized;

(5) A history of illness and hospitalizations;

(6) Reports of any screening or assessment;

(7) Notations about the child or resident’s physical, mental, and social development;

(8) A list of current medications, both prescribed and over the counter;

(9) Any known allergies;

(10) Dietary needs, including special diets; and

(11) The signature of a licensed health care practitioner and the date signed.

(f) Physical examinations as required under (b) above shall be completed:

(1) At least every 12 months for each child younger than 6 years of age, with a 60-day grace period to allow the program to obtain the updated physical examination record; and

(2) At least every 24 months for each child 6 years of age or older, with a 60-day grace period to allow the program to obtain the updated physical examination record.

(g) Each resident shall have a dental examination based upon a schedule, which shall:

(1) Take into account the needs of the resident as determined by a licensed dentist; and

(2) Provide for each resident to have a dental examination at intervals of 6 to 12 months.

(h) If the program is unsuccessful in obtaining dental examinations in accordance with (g)(2) above, it shall document good faith efforts to schedule an exam.

(i) A written record documenting the date of the dental exam and treatment needed or provided, shall be maintained on the premises of the program in each resident’s permanent record.

(j) Other medical exams and evaluations shall be completed for each resident as necessary to meet his or her medical needs.

(k) When a resident is believed to have a reportable communicable disease which was not diagnosed by a physician or other health care provider, the program director or designee shall report the known or suspected communicable disease to the department’s bureau of communicable disease control in accordance with RSA 141-C:7 and He-P 301.

(l) The only exception to (k) above shall be for HIV infection, specifically, the identity of any individual with HIV infection shall be held confidential in accordance with RSA 141-F:8.

(m) SCPs shall provide services in a residential setting, including access to nursing or medical care, for all children placed in the program diagnosed as having functional limitations and are dependent upon or require medical technology to maintain or improve independence and health.

(n) SCPs shall provide for the complex health needs of residents whom are medical technology dependent:

(1) In a manner that affords the least intrusive intervention available to ensure his or her safety, the safety of others, and that promotes healthy growth and development;

(2) By providing services and an environment that meets each resident’s needs; and

(3) By training direct care staff in the use and care of the specific medical technology device or devices that residents in their care are dependent upon.

(o) Training shall include:

(1) How to recognize symptoms that may indicate a decline in the resident’s health;

(2) Seizures and seizure disorders;

(3) G/J tube use and care;

(4) Tracheostomy care;

(5) C-pap and Bi-pap care; and

(6) Any intervention or procedure that will heighten direct care staff’s attention to the health and well-being of residents, such as topics on medical changes that require immediate notification for nursing assessment.

(p) All training and education required in (n) and (o) above shall be performed by the appropriate medical professional with the requisite education and licensure to perform such training or utilize outside resources if an appropriate medical professional is not available.

(q) At the time of admission of a resident with special health care needs or who is medical technology dependent, the licensee shall obtain written and signed orders from a licensed practitioner for medications, treatment, and special diet as applicable.

(r) No resident shall be admitted until the appropriate training in (n) and (o) above has been completed.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20

N.H. Code Admin. R. Ann. He-C 4001.13 Personal Hygiene {#sec-he-c-4001.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.13}

(a) Program staff and residents shall wash their hands as needed.

(b) Individuals who are participating in food preparation or food service shall:

(1) Wash their hands as often as necessary to remove soil and contamination and prevent cross contamination;

(2) Cover any cuts or abrasions with a secure bandage; and

(3) Not participate in food preparation or food service activities when they have:

a. An infection;

b. A cut or wound which is running or weeping; or

c. A communicable disease that could be spread via food preparation or food service.

(c) Program staff shall not wash their hands after diapering or toileting in sinks that are used for food preparation or clean up.

(d) Program staff shall encourage each resident to brush their teeth each morning and before going to bed, and to shower daily.

(e) Each resident shall have an opportunity to have a shower or bath, with adequate hot water, once each day.

(f) Program staff shall assist residents who are medical technology dependent, or whose functional needs require direct assistance with daily personal hygiene. Such assistance shall be care planned and provided based on resident need.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20

N.H. Code Admin. R. Ann. He-C 4001.14 Prevention and Management of Injuries, Incidents, Emergencies, and Infection Control {#sec-he-c-4001.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.14}

(a) Program staff shall provide care and supervision at all times to ensure that residents are safe and that their needs are met according to their developmental level, age, emotional or behavioral needs, and in accordance with their treatment plan.

(b) The program shall develop policies for direct care staff, including but not limited to:

(1) Addressing threats of self-harm and suicidal behaviors by residents;

(2) Medical emergencies, including when to immediately call emergency responders;

(3) Addressing threatening behaviors such as physical and sexual assaults on other residents or staff;

(4) Responding to and managing injuries that are not medical emergencies;

(5) The reporting requirements in He-C 4001.23, RSA 126-U, and He-C 901;

(6) Screening any resident who runs away for indications that the resident may be a victim of human trafficking and notifying necessary personnel and authorities;

(7) Supporting residents and managing the behavior of residents, consistent with RSA 126-U, and He-C 901;

(8) Access to respite or temporary care;

(9) How staff will be orientated and trained in accordance with He-C 4001.19(b) to prepare to work with the population served by the program; and

(10) How staff will supervise residents during overnight hours and when taking residents off-site.

(c) All program staff responsible for the care and supervision of residents shall be familiar with the program’s policies required in (b) above.

(d) Each building that residents will spend time in shall be equipped with a telephone that is operable and accessible to residents and staff for incoming and outgoing calls.

(e) The licensee shall maintain an information data sheet in the resident’s record and promptly give a copy to emergency medical personnel in the event of an emergency transfer to a medical facility.

(f) The information data sheet referenced in (e) above shall include:

(1) Full name and the name the resident prefers, if different;

(2) Name, address, and telephone number of the resident’s parent(s), guardian, or agent, if any;

(3) Diagnosis or diagnoses, if more than one;

(4) Medications, both prescription and over the counter, including last dose taken and when the next dose is due;

(5) Allergies;

(6) Functional limitations;

(7) Date of birth;

(8) Insurance information; and

(9) Any other pertinent information not specified in (1)-(8) above.

(g) At least one program staff person who is trained and currently certified in cardiopulmonary resuscitation (CPR) and first aid by the American Red Cross, American Heart Association, Emergency Care and Safety Institute, National Safety Council, or other nationally recognized organization or an individual certified by such organization to train, shall be present:

(1) In each building that is used as a residence, at all times when residents are present; and

(2) When residents are participating in any field trips, outings, or excursions off the premises of the program.

(h) The program director or designee shall obtain and maintain on file, available for review by the unit, copies of current CPR and first aid certifications documenting coverage as required in (g) above.

(i) Each building and program vehicle that is used by residents shall be equipped with first aid supplies adequate to meet the needs of the residents.

(j) The first aid supplies shall be stored in a container that is accessible by program staff but not accessible to residents.

(k) If a resident sustains a serious injury requiring medical transportation, evaluation, or treatment, loses consciousness, or is found or believed to be impaired while at the program, the program director or designee shall notify the unit within one business day and complete and provide the unit with an incident report within 48 hours.

(l) The program director or designee shall conduct fire drills at varying times, including night time hours, once each month in each building that is used as residential child care space.

(m) Programs shall activate the actual fire alarm system for the building for at least 2 of the monthly fire drills required each year.

(n) Programs shall ensure that all residents and program staff evacuate the building during each fire drill.

(o) The staff person conducting the fire drill shall complete a written record of each fire drill that shall:

(1) Be maintained on file at the program for 2 years; and

(2) Be available for review by the fire inspector and the department.

(p) The written record of fire drills required under (o) above shall include at least the following:

(1) The date and time of the drill, and whether the actual fire alarm system was activated;

(2) Exits used;

(3) Number of residents evacuated and total number of people in the building at the time of the drill;

(4) Name of the person conducting drill;

(5) Time taken to evacuate the building;

(6) Any problems encountered; and

(7) A plan for correcting those problems.

(q) The program director or designee shall conduct a fire drill in the presence of a representative of the unit or the local fire department upon request by either of those entities.

(r) If providing withdrawal management, any new SCPs shall comply with the appropriate chapter of NFPA 101 as published by the National Fire Protection Association and as amended by the state board of fire control and ratified by the general court pursuant to RSA 153:5, consistent with the level of needs of residents served.

(s) All programs shall have the following as approved by their local fire inspector:

(1) Smoke detectors consistent with the appropriate level of care being provided by the program;

(2) At least one UL Listed, ABC type portable fire extinguisher, with a minimum rating of 2A-10BC installed on every level of the building with a maximum travel distance to each extinguisher not to exceed 50 feet and maintained as follows:

a. Fire extinguishers shall be inspected either manually or by means of an electronic monitoring device or system at least once per calendar month, at intervals not exceeding 31 days;

b. Records for manual inspection, or electronic monitoring shall be kept to demonstrate that at least 12 monthly inspections have been performed;

c. Annual maintenance shall be performed on each extinguisher by trained personnel, and a tag or label shall be securely attached that indicates that maintenance was performed; and

d. The components of the electronic monitoring device or system in a. above, if used, shall be tested and maintained annually in accordance with the manufacturers listed maintenance manual; and

(3) A carbon monoxide monitor on every level of the program, in accordance with Saf-C 6015.04.

(t) In addition to the policies required in (b) above, the program shall have an emergency operations plan (EOP), which shall:

(1) Be based on the incident command system and coordinated with the emergency response agencies in the community in which the residential program is located;

(2) Contain guidelines for personnel responsible for critical tasks, including, but not limited to the role of center incident commander, resident care, medical treatment, and notification to parents or guardians; and

(3) Include response actions for natural, human-caused, or technological incidences including, but not limited to:

a. Evacuation, both within building and off-site, relocation;

b Secure campus;

c Drop, cover, and hold;

d. Lockdown;

e. Reverse evacuation;

f. Shelter-in-place; and

g. Bomb threat and scan.

(u) Programs shall develop a continuity of operations plan (COOP) to ensure that essential functions continue to be performed during, or resumed rapidly after, a disruption of normal activities.

(v) All response actions in (t)(3) above shall include accommodations for residents with chronic medical conditions, and residents with disabilities or with access and functional needs.

(w) Programs shall ensure that all staff are trained on the EOP and response actions, and are aware of the location of the plan.

(x) Programs shall conduct evacuation drills at least twice a calendar year and shall record the dates and times of the drills, and maintain the records for review as described in He-C 4001.10(m)(3).

(y) All staff shall review the program's EOP within the first 30 days of employment and any time that the program revises the EOP.

(z) The written policies and procedures and the EOP shall be available in each building of the residential program, in an area easily accessible to program staff.

11-25-24

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; amd by #13991, EMERGENCY RULE, eff 5-29-24, EXPIRED:
#14123, eff 11-26-24, EXPIRED: 11-26-25; ss by #14214, eff 4-1-25, EXPIRES: 4-1-35

N.H. Code Admin. R. Ann. He-C 4001.15 Medication Services {#sec-he-c-4001.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.15}

(a) The licensee shall have and implement written policies and procedures regarding medication administration, including at a minimum:

(1) The documentation requirements;

(2) A system for maintaining counts of controlled drugs;

(3) The process for ordering or re-ordering medication timely to assure a resident’s medication does not run out;

(4) Protocols for medication occurrences;

(5) Protocols for administration of PRN medications; and

(6) The control and safety of medication consistent with the requirements of this section.

(b) Administration of medication to residents shall be performed by authorized staff, registered nurses (RNs), licensed practical nurses (LPNs), or licensed practitioners, accurately and in accordance with the resident’s treatment plan and the licensee’s policies.

(1) Know and understand the program’s written policies and procedures regarding the administration, documentation, control, and safety of medication;

(2) Administer only those prescription medications for which there is a medication order;

(3) Administer medications only to the residents about whom they have current knowledge relative to their medication regimes; and

(4) Administer PRN medication in accordance with a medication order and a PRN protocol approved by the licensed practitioner, including the specific condition(s) for which the PRN medication is given.

(d) All residents shall be initially assessed to determine the level of support needed specific to medication administration, including the resident’s:

(1) Medication order(s) and medications prescribed;

(2) Health status and health history; and

(3) Ability to manage their medication, consistent with their treatment plan.

(e) Program staff shall obtain, or document their efforts to obtain, oral or written consent from the parent or guardian prior to administering any new or changed prescription medications.

(f) When the responsibility of providing care to a resident is transferred to persons outside the program, such as a home visit, and the resident is taking prescription medication:

(1) The pharmacy container(s) shall be given to the person responsible for the resident;

(2) The program shall document the name, strength, prescribed dose, route of administration, and quantity of each medication provided to the person(s) outside the program, upon the resident’s transfer of care; and

(3) Upon the resident’s return to the program, the program shall document the return of any medications including the name, strength, prescribed dose, route of administration, and quantity of each medication, with an explanation of why the medication was not given per the medication order.

(g) The program shall maintain a copy of each resident’s medication orders in the resident’s record.

(h) Medication orders shall be valid for no more than one year unless otherwise specified by the prescribing licensed practitioner.

(i) Each medication order shall legibly display the following information:

(1) The resident’s name;

(2) The medication name, strength, the prescribed dose, and route of administration;

(3) The frequency of administration; and

(4) The dated signature of the licensed practitioner.

(j) The program shall obtain written orders from a licensed practitioner regarding any prescription medication that is to be administered PRN, which shall include:

(1) The specific conditions for which the medication is given;

(2) The indications and any special precautions or limitations regarding administration of the medication;

(3) The maximum dosage allowed in a 24-hour period; and

(4) The dated signature of the licensed practitioner.

(k) Prior to the administration of medication, authorized staff shall obtain information specific to each medication, including, at a minimum:

(1) The purpose and effect(s) of the medication;

(2) Response time of the medication;

(3) Possible side effects, adverse reactions, and symptoms of overdose;

(4) Possible medication interactions; and

(5) Special storage or administration procedures.

(l) In the event of a medication occurrence, the authorized staff responsible for the administration of the medication shall forward written notification to the program director by the close of the next business day.

(m) When any medication that is administered by program staff results in serious adverse reactions including, but not limited to, impaired speech, mobility, or breathing, semi-consciousness, or unconsciousness, program staff shall:

(1) Immediately call 911 or notify a licensed practitioner for instructions regarding the need for emergency or other medical treatment;

(2) Immediately comply with the instructions provided by the licensed practitioner;

(3) Remain with the resident until they are fully alert and oriented and have recovered all physical capabilities that had been impaired by the medication, or until responsibility for the resident’s care is transferred to a licensed practitioner in a medical facility; and

(4) Notify the parents or guardian within 24 hours with documentation of the notice, or documentation of the efforts to notify them.

(n) Prior to administering medication to any resident, program staff shall complete and document training on medication safety and administration, as specified in (o) below.

(o) Training in medication safety and administration, as required in (n) above, shall:

(1) Be delivered by a physician, APRN, RN, or LPN practicing under the direction of an APRN, RN, or physician, or by another qualified individual;

(2) Be provided in person, via distance learning, a video presentation, or web-based; and

(3) Address the following:

a. The safe administration of medication, including but not limited to:

Administration of the correct medication;
Administration of the correct dosage of the medication;
Administration of the medication to the correct resident;
Administration of the medication to the resident at the correct times and frequency;
Administration of the medication to the resident by the correct method of administration;
Infection control and aseptic procedures related to administration of medication; and
Resident’s rights regarding refusing medications;

b. Possible side effects and adverse reactions to the medications to be administered and required reporting regarding those issues;

c. Proper storage, disposal, security, error control, and documentation as related to the medications to be administered;

d. Any other unusual occurrence related to the safe storage or administration of medication and reporting requirements regarding those issues;

e. Conditions or situations requiring emergency medical intervention; and

f. Methods of administration including, but not limited to oral, injection, topical application, or inhalation.

(p) In addition to (o) above, authorized staff shall complete 2 hours of training annually on medication safety and administration.

(q) Documentation of training in medication safety and administration shall be maintained on file at the program available for review by the unit, and shall include the staffs’ name, certification of successful completion of the training, the name and qualifications of the trainer, and the date completed.

(r) For each resident, program staff shall maintain medication information on file and available for review by the unit, which includes, at a minimum:

(1) A written medication order, as specified in (i) above;

(2) Written authorization from the parent or guardian to administer medication, if applicable;

(3) The name and contact information of the parent or guardian, if applicable; and

(4) Allergies, if applicable.

(s) Program staff shall maintain a daily medication log for each dose of medication administered to each resident.

(t) The medication log required in (s) above shall:

(1) Be maintained on file in the program, available for review by the unit;

(2) Be completed by the authorized staff who administered the medication immediately after the medication is administered; and

(3) For each medication prescribed, include at a minimum:

a. The name of the resident;

b. The date and time the medication was taken;

c. A notation of any medication occurrence or the reason why any medication was not administered or taken as ordered or approved;

d. The dated signature of the authorized staff who administered the medication to the resident; and

e. For administration of a PRN, documentation including the reason for administration and the name and title of the person who authorized the PRN.

(u) The licensee shall require that all telephone orders from a licensed e practitioner or their agent, for medications, treatments, and diets are documented in writing, including facsimiles, by the licensed practitioner within 24 hours.

(v) Authorized staff shall record any changes regarding prescription medications in the resident’s medication log, including the name or initials of the authorized staff recording the change, and the date and time.

(w) No person other than a licensed practitioner shall make changes to the written order of a licensed practitioner regarding prescribed medication.

(x) All medication maintained by the program shall be stored in accordance with the following:

(1) Medication shall be kept in a storage area that is:

a. Locked and accessible only to authorized personnel;

b. Organized to allow correct identification of each resident’s medication(s);

c. Illuminated in a manner sufficient to allow reading of all medication labels; and

d. Equipped to maintain medication at the proper temperature;

(2) Schedule II controlled substances, as defined by RSA 318-B:1-b, shall be kept in a separately locked compartment within the locked medication storage area and accessible only to authorized personnel;

(3) Topical liquids, ointments, patches, creams, and powder forms of products shall be stored in a manner such that cross-contamination with oral, optic, ophthalmic, and parenteral products shall not occur; and

(4) All medication shall be kept in the original containers or pharmacy packaging and properly closed after each use unless otherwise allowed by law.

(y) All medication shall be accompanied by:

(1) The physician’s written order, which may be the prescription label; and

(2) The manufacturer’s written instructions for dosage for non-prescription medication.

(z) Medications such as insulin, inhalers, and epi pens shall be permitted to be in the possession of a resident in accordance with their ability, as specified in their treatment plan.

(aa) All medications belonging to staff shall be stored in a locked area, separate from residents’ medications or otherwise inaccessible to residents.

(ab) The program director or designee may elect to have a supply of non-prescription medication available, including but not limited to acetaminophen, ibuprofen, aspirin, cold medicines, or antacids that may be administered to residents for minor illnesses, provided those medications are stored and administered in accordance with the requirements in this section.

(ac) Any contaminated, expired, or discontinued medication, whether prescription or over the counter, shall be destroyed within 7 days of identification as contaminated, expired, or discontinued.

(ad) All medication shall be destroyed in accordance with the United States Environmental Protection Agency’s, “How to Dispose of Medicines Properly” guidance, (April 2011), available as noted in Appendix A.

(ae) Destruction of prescription drugs under (ad) above shall:

(1) Be accomplished by an authorized staff and witnessed by one staff; and

(2) Be documented in the resident’s medication record, including the legible, dated signature of the staff person who disposed of the drugs and the staff person who witnessed the disposal.

(af) Programs providing SUD services shall have a clearly identified policy for storage and administration of naloxone that includes the following:

(1) The process for regularly reviewing and updating the standing order for the naloxone kits on the premises;

(2) The process for ensuring regular review of naloxone kits for expiration;

(3) A statement that staff shall call 911 immediately if naloxone is administered; and

(4) A statement that staff shall call 911 immediately if naloxone is not administered but an overdose is suspected.

(ag) Medication administered by individuals authorized by law to administer medications shall be:

(1) Prepared immediately prior to administration; and

(2) Prepared, identified, and administered by the same person in compliance with RSA 318-B and RSA 326-B.

(ah) Authorized staff may plan for medication administration off-site, such as for an outing or field trip, or at school when the school is on the same campus as the residential program, by preparing a dose or doses of medication for administration when the resident is off-site. Authorized staff shall not repackage medication for administration to residents when they are present in the program.

(ai) If a nurse delegates the task of medication administration to an individual not licensed to administer medications, the nurse shall follow the requirements of RSA 326-B.

(aj) Programs shall have a written policy establishing procedures for the prevention, detection, and resolution of controlled substance misuse, and diversion, which shall apply to all personnel, and which shall be the responsibility of a designated employee or interdisciplinary team.

(ak) The policy in (aj) above shall include:

(1) Education;

(2) Procedures for monitoring the distribution and storage of controlled substances;

(3) Voluntary self-referral by employees who are misusing substances;

(4) Co-worker reporting procedures;

(5) Drug testing procedures to include, at a minimum, testing where reasonable suspicion exists;

(6) Employee assistance procedures;

(7) Confidentiality;

(8) Investigation, reporting, and resolution of controlled drug misuse or diversion; and

(9) The consequences for violation of the controlled substance misuse, and diversion prevention policy.

(al) Programs that opt to obtain epinephrine auto-injectors for use in emergencies, in accordance with RSA 329:1-h, shall have and abide by a policy for the storage, maintenance, control, and general oversight of epinephrine auto-injectors acquired by the program, in accordance with RSA 329:1-h, III.

(am) Pursuant to RSA 329:1-h, V, programs that opt to obtain epinephrine auto-injectors under (al) above shall designate staff to administer them and assure those staff are trained in accordance with the following:

(1) Complete an anaphylaxis training program at least every 2 years, following completion of the initial anaphylaxis training program;

(2) Such training shall be conducted by a nationally recognized organization experienced in training unlicensed persons in emergency health care treatment or an entity or individual approved by the board of medicine; and

(3) Training may be conducted online or in person and, at a minimum, shall cover:

a. How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis;

b. Standards and procedures for the storage and administration of an epinephrine auto-injector; and

c. Emergency follow-up procedures.

(an) Programs shall keep on file the certificate of successful completion of the training under (am) above.

(ao) Programs shall have on file written authorization from the parent or guardian of a resident for use of an epinephrine auto-injector in an emergency.

(ap) Programs shall educate residents regarding all medication prescribed, including the name of the medication and why they take it, based upon the residents’ age and intellectual abilities.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.16 Residential Child Care Space {#sec-he-c-4001.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.16}

(a) In all programs, space that is designated, inspected, and approved as residential child care space shall not be used for any purposes or activities that could jeopardize the health or safety of residents or otherwise negatively impact the program.

(b) Programs shall provide:

(1) A living room or community space with comfortable furnishings, available, and accessible to residents for regular and informal use for general relaxation and entertainment;

(2) Bedrooms that are separated by gender and that have:

a. A minimum of 50 square feet of floor space per occupant;

b. Ceilings that are at least 7 feet high at the highest peak;

c. An outside window; and

d. An operable door;

(3) An area that is suitable and available for private discussions and counseling sessions;

(4) Sturdy, comfortable furniture and furnishings, that are clean and in good repair;

(5) Bathroom facilities that provide residents with age appropriate privacy while changing clothes, showering, attending to personal hygiene, and using the toilet;

(6) When available on site, outdoor space that is maintained in a neat, safe, clean condition and is available to residents for active recreation; and

(7) Screens for all operable windows in the facility.

(d) Programs shall have a communication system in place so that residents and program staff can effectively contact personnel when they need assistance with the care of residents or in an emergency.

(e) Programs shall assure that damage to the residence or equipment identified in (f) and (g) below is repaired within 7 days, or as soon as possible after the damage has occurred.

(f) Programs shall maintain all residential spaces in good repair and workable condition, including but not limited to, cabinets, ceilings, appliances, windows, doors, screens, sinks, and toilets.

(g) All living space and recreation areas used by residents shall be equipped with operable lighting sufficient to allow individuals to enter, exit, and move about the premises of the program safely.

(h) Programs shall provide sufficient sturdy tables and chairs to ensure each resident’s comfort for meals, snacks, and for work or play at tables.

(i) Programs shall provide each resident with a bed equipped with:

(1) A pillow and a firm mattress that is:

a. Clean;

b. In good repair;

c. Free from rips or holes in the fabric covering that would allow residents access to the interior components of the mattress;

d. Cleaned and sprayed with a disinfecting spray before being used for a new resident; and

e. Replaced or sanitized promptly if soiled by urine, feces, blood, or vomit; and

(2) Adequate bedding to ensure the resident’s comfort that is cleaned and maintained as follows:

a. Sheets and pillow cases shall be cleaned at least once each week and more frequently if soiled; and

b. Blankets, comforters, bedspreads, and mattress covers shall be cleaned at least once each month and more frequently if soiled.

(j) Programs shall provide separate sleeping and bathroom facilities for staff and family members of staff who reside in the program.

(k) Programs shall ensure that in each building in which residents reside, for every 4 residents there shall be one bathroom unit that is accessible to residents and equipped with:

(1) An operable door; and

(2) A properly functioning sink, toilet, and shower or tub.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.17 Health and Safety in the Residential Child Care Environment {#sec-he-c-4001.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.17}

(a) Program staff shall maintain the residential child care environment free of conditions hazardous to residents, including but not limited to, the following:

(1) Electrical hazards;

(2) Guns, or live or spent ammunition;

(3) Holes in flooring, loose floor tiles, or loose throw rugs, which present a slipping or tripping hazard;

(4) Loose and flaking paint which is accessible to residents;

(5) Unclean conditions, which demonstrate a lack of regular cleaning;

(6) Inadequate protections against insects and rodents; and

(7) Garbage and rubbish stored in an unsanitary manner.

(b) Programs shall assure that any hazardous condition in the licensed premises, including but not limited to those identified in (a) above, is immediately addressed, and that residents do not have access to any hazardous conditions or materials pending repair or replacement.

(c) When interior or exterior surfaces of a building built prior to 1978 are in deteriorating condition, including flaking, chipping, and peeling paint, or are subject to renovations or construction, a U.S. Environmental Protection Agency certified renovator shall be utilized to make the deteriorated surfaces intact, in accordance with 40 CFR 745.90(a) and (b) and He-P 1600.

(d) When there is information or evidence indicating that the building might contain asbestos hazards, the applicant, licensee, or designee shall submit evidence that the building has been inspected by a licensed asbestos inspector and is free of asbestos hazards or otherwise treated or contained in a manner approved by a licensed asbestos inspector.

(e) Program staff shall clearly label and store all toxic materials, including, but not limited to, cleaners, household chemicals, and paint, separate from food items, in cabinets which are locked or otherwise inaccessible to residents.

(f) Notwithstanding (e) above, at the discretion of the program director, residents may be allowed to use household cleaning products and laundry supplies to complete a specific task, provided the resident completing the task shall be under the supervision of program staff while the cleaning products are accessible, and the cleaning products shall not be accessible to other residents not involved in the cleaning task.

(g) Program staff shall maintain on file at the residence documentation of current vaccinations as required by law for all pets and animals that are present on the premises of the program.

(h) Pets and animals that have been determined by the department to pose a health or safety risk to children shall not be permitted on the premises of the program, including, but not limited to, the following:

(1) Bats;

(2) Turtles;

(3) Tortoises;

(4) Snakes;

(5) Iguanas;

(6) Other lizards or reptiles;

(7) Hedgehogs;

(8) Parakeets; and

(9) Parrots and parrot-like birds.

(i) All enclosed living areas used by residents shall:

(1) Be ventilated by means of a mechanical ventilation system or one or more screened windows that can be opened, and will not pose a hazard to residents; and

(2) From September 1 through May 31, have a safe, functioning heating system, which is cleaned, serviced, and maintained at least once annually and which ensures that whenever residents are present, or expected to arrive within one hour, the temperature is maintained at:

a. Not less than 65 degrees Fahrenheit during waking hours, except for areas being used for active physical exercise or recreation; and

b. Not less than 55 degrees Fahrenheit during sleeping hours.

(j) Program staff, child care interns, and volunteers shall not smoke or use tobacco products while they are responsible for the care of residents or within sight of residents, nor allow residents to smoke or use tobacco, have access to tobacco products, or be exposed to second hand smoke.

(k) All toys, equipment, and learning materials shall be:

(1) In good repair;

(2) Safe;

(3) Free of lead paint or other poisonous material; and

(4) Cleaned as often as needed to keep them free of a buildup of dirt.

(l) Program staff shall maintain the outside play or recreation areas free of hazards and debris, including but not limited to trash, litter, machinery, and tools.

(m) During activities conducted in the water, including wading, swimming, and boating, the following shall apply:

(1) All activities shall be supervised in accordance with the following:

a. Program staff shall provide close supervision to residents at all times, to include a ratio of one staff to no more than 4 residents when no lifeguard is present;

b. At least one staff person who is currently certified in CPR and first aid shall be present with the residents at all times;

c. At least one staff person who has completed training in water safety shall be present with the residents at all times;

d. A rescue buoy, ring buoy, or water rescue throw bag shall be brought to or present at all swimming and boating activities where there is no lifeguard present; and

e. Notwithstanding a. through d. above, a program may allow a resident to be at a water activity independently, if the program director provides a written and dated authorization, after assessing the following:

A resident’s swimming ability, such as whether they have completed a Red Cross or other recognized swimming program;
A resident’s ability to be independent;
Under what circumstances the resident may be at a water activity independently; and
Whether or not a lifeguard must be on duty or other adult must be present at the water activity; and

(2) All pools used as part of the residential child care operation shall be maintained in accordance with the printed instructions of the manufacturer or installer regarding cleaning, filtration, and chemical treatment, and the following:

a. Swimming pools shall be secured in a manner that is childproof and lockable; and

b. Pool gates, fences, or other barriers as required in a. above shall be locked at all times, except when the residents are involved in an allowable water activity in the pool.

(n) Toys or other items which are routinely mouthed by residents shall be cleaned and sanitized after each use by a resident, and at the end of each day.

(o) Residents who have developmental delays and are likely to put objects in their mouths, shall be closely supervised when they have access to the items in (n) above and (p)(11) below.

(p) Program staff shall comply with the following age related environmental health and safety requirements:

(1) Residents younger than 6 years of age shall not have access to the following:

a. Cords or strings long enough to encircle a resident’s neck, including but not limited to pull toys, telephone cords, and window blind cords;

b. Balusters which are spaced more than 3 1/2 inches apart on handrails and guardrails on play structures, lofts, stairs, steps, decks, porches, balconies, or other barriers;

c. Sharp knives and sharp objects or objects with sharp edges, except that, at the discretion of program staff and under close supervision, program staff may allow use of scissors or knives for specific cooking projects, craft projects, or meal times;

d. Unstable or easily tipped heavy furnishings or other heavy items which, if not secured to the wall or floor or both, could easily fall on residents and would be likely to cause injury; and

e. Toy boxes and any other chest type storage facilities that have a lid that does not have a safety lid support;

(2) Play areas accessible to residents younger than 6 years of age shall be enclosed by a fence when the unit determines that the play area is unsafe because it is located on a roof, or adjacent to any of the following:

a. A street or road; or

b. Any dangerous areas, any swimming pool, or any body of water;

(3) All fencing required under (2) above shall:

a. Be designed to restrain residents from climbing out of, over, under, or through the fence;

b. Have a child proof self-latching device on any gates; and

c. Be maintained in good repair, free of damage or wear that could expose residents to hazards;

(4) When accessible to residents younger than 6 years of age, ground area under and extending at least 39 inches beyond the external limits of outdoor play equipment which would allow a resident to fall from a height of more than 29 inches shall be constructed and maintained at all times with an energy absorptive surface, including but not limited to sand, bark mulch, pea stone, soft wood chips, or rubber mats manufactured for use as gym mats;

(5) The energy absorptive material required in (4) above shall be:

a. Maintained at a depth of at least 8 inches; and

b. Checked and raked regularly to remove any foreign matter, correct compaction, and increase absorption;

(6) Adult toilets and hand washing sinks used by residents younger than 6 years of age shall be equipped with footstools or platforms;

(7) Foot stools or platforms required in (6) above shall:

a. Have a non-porous finish that is easily cleanable; and

b. Be designed to prevent tipping;

(8) The fall zone under and around all indoor swings, slides, and climbing equipment from which a resident could fall from a height of more than 29 inches shall be covered with mats designed for gymnastics, if they are accessible to or will be used by residents younger than 6 years of age;

(9) Residents younger than 3 years of age shall not have access to stairs or steps that are not equipped with safety gates;

(10) Baby walkers with wheels shall be prohibited in all programs;

(11) Residents younger than 4 years of age shall not have access to toys, toy parts, and other materials which pose a choking risk or are small enough to be swallowed, such as coins and balloons;

(12) There shall be an individual crib or playpen for each resident 12 months of age and younger; and

(13) Cribs and playpens required under (12) above shall:

a. Be manufactured on or after June 28, 2011, or if manufactured prior to that date, has a Children’s Product Certificate (CPC), or test report from a consumer product safety commission (CPSC) accepted third- party lab, provided by the manufacturer documenting the crib’s compliance with 16 CFR 1219 as required by 16 CFR 1219 and 1220;

b. Not be stacked;

c. Be free of cracked or peeling paint, splinters, and rough edges;

d. Have no missing, loose, broken, or improperly installed parts, screws, brackets, baseboards, or other loose hardware or damaged parts on the crib or mattress supports;

e. Not have holes or tears in the mesh walls or in the material that connects the walls to the bottom of the crib or play pen;

f. Have fitted sheets designed for the size mattress, including elastic corners so that there is no excess fabric with visible folds or bunching, and that do not compress the mattress;

g. Not have bumper pads, blankets, flat sheets, pillows, quilts, comforters, sleep positioners, or any soft items or toys with infants up to 12 months of age; and

h. Have mattresses which:

Are in good repair, free of rips or tears; and
Fit the crib or playpen so that space between the mattress and the crib or playpen is not more than 2 adult fingers wide and does not create a suffocation hazard.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.18 Water Supply, Septic Systems, Bathroom Facilities {#sec-he-c-4001.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.18}

(a) The licensee shall assure that there is a safe supply of water under pressure, which is available for drinking, cooking, and household use.

(b) Hot water under pressure, which measures at least 100 degrees Fahrenheit, shall be available at all sinks, showers, and bathtubs located in living space that is used by residents during operating hours.

(c) Hot water at taps that are accessible to residents shall be regulated to maintain a temperature at the tap of not higher than 120 degrees Fahrenheit.

(d) Programs that have their own independent water supply and are not considered to be public water systems as defined in RSA 485:1-a, XV and confirmed by the New Hampshire department of environmental services (NHDES), shall test their water supply utilizing a laboratory accredited under the environmental laboratory accreditation program in accordance with Env-C 300.

(e) For new applicants of programs as described in (d) above , not more than 90 days prior to the date the application is submitted to the unit, water testing shall be conducted for arsenic, bacteria, nitrate, nitrite, lead, both stagnant and flushed, copper, both stagnant and flushed, fluoride, uranium, radon, manganese, and PFAS, and provide the results to the unit with the application.

(f) Ongoing water testing shall be conducted as follows and results maintained on file at the program, available for review by the health officer and the department:

(1) Once every 3 months for bacteria;

(2) Annually for arsenic, nitrate, and nitrite; and

(3) At least once every 3 years for stagnant lead, stagnant copper, fluoride, and manganese.

(g) Any program whose water test results has exceeded maximum contaminant levels established in Env-Dw 700 or action levels established in Env-Dw 714 shall immediately contact the unit to report that finding and provide the unit with a plan for how it will ensure that residents will not be at risk from exposure to the unsafe water.

(h) Within 30 days of the date the program learns that they have failed a water test the program shall submit to the unit an acceptable corrective action plan which details what action will be taken to correct the unsafe condition of the water and a date by which that action will be complete, unless the program requests, either verbally or in writing, and the unit agrees to extend that deadline.

(i) The unit shall extend the deadline in (h) above if it determines that the program can demonstrate that it has made a good faith effort to develop and submit the corrective action plan within the 30-day period but has been unable to do so and that the health, safety, or well-being of the residents will not be jeopardized by granting the extension.

(j) When a program fails to submit a written proposed corrective action plan within 30 days of receiving the unacceptable test result under (h) above, the unit shall initiate action to suspend the license or permit in accordance with He-C 4001.09(i), until such time as laboratory results meeting those requirements are received by the unit.

(k) Programs shall ensure that there are functional sewage disposal facilities.

(l) There shall be flush toilets in working order connected to a sewage disposal system.

(m) Any program whose septic system is showing signs of failure, shall immediately contact the unit and the local health officer to inform them of the problem, and provide an interim corrective action plan to include a timeline for repairs and how it will ensure that residents will not be exposed to any risks from the failed septic system.

(n) If a program determines that it cannot comply with the timeline for repairs as required in (m) above, it shall request an extension from the unit.

(o) The unit shall grant the extension in (n) above if the program provides a written plan for completion of the repairs, and the safety and well-being of the residents is maintained.

(p) At least once each day and whenever visibly soiled, sinks, toilets, commodes, foot stools, potty chairs, and adapters shall be cleaned to remove visible dirt and sanitized.

(q) Toilet paper, individual cloth or paper towels, and individual bar or liquid soap shall be available and accessible to residents and staff.

(r) Bathroom floors and other surfaces shall be cleaned at least weekly, and more often when obviously soiled.

(s) Programs serving diapered residents and residents who are not toilet trained shall have a designated diaper changing area that:

(1) Is not located in kitchens, food preparation or food service areas, or on surfaces where food is prepared or served;

(2) Is located adjacent to or in close proximity to a hand washing sink to allow access for hand washing without having to open doors or have physical contact with other residents;

(3) Has a non-porous, washable surface, which shall be sanitized after each diaper change and used exclusively for diaper changing;

(4) Contains a foot-activated receptacle for disposal of soiled disposable diapers and cleansing articles; and

(5) Is equipped with a sink used for adult and resident hand washing before or after diaper changing or toileting.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.19 Staff Interactions with Residents and Staff Qualifications {#sec-he-c-4001.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.19}

(a) Program staff shall:

(1) Relate with residents in a professional, respectful manner;

(2) Have the ability to identify the needs of the residents and possess skill in planning and implementing services of the program, in accordance with the residents’ service and treatment plans; and

(3) Maintain professional boundaries with all residents at all times.

(b) Prior to having contact with residents, personnel shall receive a tour of and complete an orientation to the program that includes the following:

(1) The program’s complaint procedures;

(2) The duties and responsibilities of the position;

(3) The medical emergency procedures;

(4) The emergency and evacuation procedures;

(5) The infection control procedures;

(6) The program confidentiality requirements;

(7) Grievance procedures for both staff and residents;

(8) The policies required in He-C 4001.14(a); and

(9) The mandatory reporting requirements including RSA 161-F:46 and RSA 169-C:29.

(c) No new direct care staff shall be solely responsible for residents in care until they have completed the orientation required above and reviewed the service plan for each resident for whom they will care.

(d) The program director or designee shall, for each staff person who is responsible for the care, supervision, or treatment of residents, have on file available for review by the unit documentation of job qualifications such as:

(1) All required education, such as a diploma, transcripts, certificates, or degrees; and

(2) All required training and experience, as set forth on an application form or resume.

(e) For the purposes of this section, the field of human services shall include residential care, education, social work, mental health, law enforcement, psychology, sociology, pastoral counseling, theology, juvenile justice, medical services, corrections, substance abuse, social services, recreation, or a related field.

(f) The unit shall accept the following education and training for program staff:

(1) Credit courses in human services, offered by a regionally accredited college or university, toward meeting pre-service and in-service training requirements;

(2) Non-credit courses in human services, which are offered by a regionally accredited college or university, toward meeting pre-service and in-service training requirements at a ratio of 12 contact hours equal one credit; and

(3) Conference sessions, workshops, non-credit correspondence courses, or other non-credit distance learning courses related to human services, that are open to individuals working in the residential child care field or to the public or both, and are presented by an instructor who has at least a bachelor’s degree in human services or the subject area in which they are teaching, at a ratio of 12 contact hours equals one credit.

(g) The program director shall meet at least one of the following pre-service training and education options:

(1) A master’s degree in the field of human services, business administration, or public administration, awarded by a regionally accredited college or university, plus 2 years of experiences as a professional in human services, which included administrative responsibilities; or

(2) A bachelor’s degree with a minimum of 12 credits in the field of human services, business administration, or public administration, awarded by a regionally accredited college or university, plus 3 years of experience as a professional in human services, which included administrative responsibilities.

(h) Direct care staff shall be at least 21 years of age, have a high school diploma, high school equivalency certificate, or general equivalency diploma, and meet one of the following pre-service training and education requirements:

(1) An associate’s or higher degree with a minimum of 12 credits in the field of human services, or other field related to residential care, awarded by a regionally accredited college or university;

(2) The equivalent of 2 years of full-time experience working with children, either as a paid employee or volunteer, including as a para-professional in a public school;

(3) Any combination of college credits in human services and experience with children that total 2 years, as follows:

a. Two years of full-time college shall equal 60 credits;

b. Two years of full-time employment shall equal 3000 hours; and

c. One credit shall equal 50 hours of experience;

(4) Documentation of 7 years of parenting experience; or

(5) The equivalent of 2 years of full-time experience working with adults in a licensed residential setting.

(i) When an applicant for a direct care staff member does not meet one of the provisions in (h) above:

(1) An agreement shall be on file, signed, and dated by the individual and the program director or designee, which includes a written plan for:

a. Attaining 12 credits in human services within 2 years from the date that the individual begins working as a direct care staff, with documentation on file of the completion of 3 credits every 6 months, beginning on the date of hire;

b. How the program will supervise the individual while they are working on acquiring the required 12 credits; and

c. Maintaining current documentation of earned credits on file in the individual’s personnel file; and

(2) No more than 30% of staff shall be hired under the provisions of (i)(1)a. above.

(j) A child care assistant, intern, or volunteer shall:

(1) Be at least 18 years of age;

(2) Work at all times under the supervision of an on-duty staff person who meets at least the minimum qualifications for the position of direct care staff;

(3) Not be responsible for the care or supervision of residents including treatment, discipline, restraints, counseling, or administration of medication; and

(4) Not be included in the staff to resident ratio.

(k) Supervision as referenced in (j)(2) above shall require that a staff person who meets at least the minimum qualifications of direct care staff shall at all times have:

(1) Knowledge of and accountability for the activity and whereabouts of the child care interns, child care assistants, or volunteers and the residents with whom they are working; or

(2) The ability to either see or hear the child care intern, child care assistant, or volunteer and the residents with whom they are working.

(l) The exception to (k) above shall be that the program director or designee may at their discretion, authorize a specific child care assistant, intern, or volunteer to be responsible for one or more residents during time limited, specific activities, either indoors or outdoors, including off premises.

(m) The licensee shall provide all personnel with an annual continuing education or in-service education training, which at a minimum contains the following:

(1) The licensee’s infection control program;

(2) The licensee’s written emergency plan;

(3) The licensee’s policies and procedures; and

(4) The mandatory reporting requirements including RSA 161-F:46 and RSA 169-C:29.

(n) The licensee shall:

(1) Educate personnel about the needs and services required by the residents under their care and document such education to include demonstrated competencies; and

(2) Ensure that all personnel have received the training necessary to be qualified personnel to include demonstrated competency in the training given with documentation maintained in the employee personnel file.

(o) Personnel and staff shall not:

(1) Be impaired while on the job by any substances including, but not limited to, legally prescribed medication, therapeutic cannabis, alcohol, or illegal drugs; or

(2) Expose residents to tobacco, alcohol, or illegal drugs or controlled substances.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.20 Staffing Requirements and Ratios {#sec-he-c-4001.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.20}

(a) In all programs there shall be a program director that assumes responsibility for the daily operation of the program.

(b) Programs shall, at a minimum, maintain the following staff to resident ratios and retain documentation of it for a 6-month period:

(1) Independent living homes shall maintain a minimum staff to resident ratio of one staff person to 8 residents during awake hours and one staff person to 12 residents during sleeping hours;

(2) All other programs shall maintain a minimum staff to resident ratio of one staff person to 6 residents during awake hours and one staff person to 12 residents during sleeping hours; and

(3) SCPs shall comply with the staff-to-resident ratios in He-C 4001.30(r).

(c) Notwithstanding the required minimum staff to resident ratios specified in (b) above, when a staff person takes one or more residents off the premises for a routine trip, such as a medical or dental appointment, recreation, or social activity, the program may have one fewer staff person with the residents who will remain on the premises of the program, provided that:

(1) The program director or designee has authorized the reduced staff to resident ratio, based upon their determination that the staff remaining on the premises of the program can meet the individual needs of each resident; and

(2) In no case shall the staff to resident ratio go below one to 12.

(d) Notwithstanding the staff to resident ratios set forth in (b) and (c) above, when a resident’s treatment plan requires that a resident needs a staff to resident ratio that is more stringent than the required staff to resident ratios, the program shall comply with the resident’s treatment plan.

(e) The licensee shall assign at least one staff to help orient a newly admitted resident to the program and to the services available to the resident.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.21 Programming, Treatment Planning, and Transfer or Discharge Requirements {#sec-he-c-4001.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.21}

(a) Program staff shall, with input from the person or program placing the resident, have referral information on each resident, including:

(1) The reason for the placement;

(2) The anticipated length of stay;

(3) The contact information for the parent or guardian; and

(4) The contact information for the person or program placing the resident.

(b) Except for residents in short term placement, a written treatment plan shall be in place for each resident no later than 30 days from the date of admission, which shall identify:

(1) The resident’s physical, social, behavioral, medical, and educational needs; and

(2) How the program will meet those needs.

(c) Program staff shall review and modify the written treatment plan required in (b) above as the resident’s needs change.

(d) Once the written treatment plan required in (b) above is developed, program staff shall familiarize themselves with the identified needs of each resident and implement the plan.

(e) The program director or designee shall:

(1) Not rely upon residents to maintain the facility; and

(2) Only allow residents to perform work inside or outside the program, which is:

a. Compliant with child labor laws and regulations; and

b. Consistent with the resident’s age and abilities.

(f) Program staff shall:

(1) Plan daily activities that promote healthy development and provide for social relationships, creative activities, hobbies, and participation in neighborhood, school, and other community groups appropriate to the age, developmental level, and needs of each resident;

(2) Provide that work assignments for the resident do not interfere with the regular school programs, study periods, recreation, or sleep;

(3) Provide each resident with clothing that is individually fitted and appropriate to the season;

(4) Instruct each resident regarding good health practices, including proper habits in eating, bathing, and personal hygiene;

(5) Provide each resident with a clean towel and washcloth weekly, or more often if towels or washcloths become soiled or odorous; and

(6) Provide each resident with necessary individual toilet articles and supplies for personal grooming and hygiene suitable to their age and needs.

(g) Each resident shall have education and training, including:

(1) Regular school attendance as required by law; and

(2) The opportunity to complete high school or the opportunity for vocational guidance.

(h) Academic programs within the facility shall meet the requirements of the New Hampshire department of education.

(i) Each resident shall have the opportunity to practice their religious beliefs.

(j) Licensees shall transfer or discharge residents in accordance with the requirements of RSA 170-E:42-a.

(k) The licensee shall:

(1) Establish procedures to prepare the staff and residents for the arrival of a new resident;

(2) Provide staff with appropriate information to receive the new resident and assist in their adjustment, which shall include at a minimum:

a. Reason for placement, medical condition(s), and behavior problems, as applicable; and

b. Specific instructions related to the individual needs of the resident, including the need for an individualized restraint method consistent with RSA 126-U, if appropriate, de-escalation techniques, and the resident’s preferred activities as described in the resident’s service plan;

(3) Meet the needs of the residents;

(4) Verify the qualifications of all personnel; and

(5) Provide sufficient numbers of personnel who are present in the program and are qualified to meet the needs of residents during all hours of operation.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.22 Interactions Between and Among Residents {#sec-he-c-4001.22 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.22}

(a) Program staff shall:

(1) Establish and make residents aware of rules or limits for acceptable behavior which are consistently applied, realistic, designed to promote cooperation and respect, and are appropriate and understandable to the development level of the resident;

(2) Apply rules in accordance with the resident’s individual service plan and treatment plan as they apply to their behaviors and staff responses thereto; and

(3) Make residents aware of the consequences of not complying with the established limits or rules for acceptable behavior, as identified in their individual service plan and treatment plan.

(b) Program staff shall not:

(1) Abuse or neglect residents;

(2) Use corporal punishment;

(3) Attempt to control any resident’s behavior by actions which are humiliating, threatening, shaming, frightening, or otherwise damaging to residents;

(4) Withhold food from residents or take food away as a means of discipline;

(5) Shame, humiliate, or discipline any resident for toileting accidents;

(6) Prevent a resident from using bathroom facilities, except as necessary to protect a resident’s safety, as documented in the resident’s case plan or treatment plan;

(7) As a means of discipline or punishment:

a. Require or deny residents sleep or rest;

b. Require residents younger than 6 years of age to go to their crib, bed, or playpen;

c. Withhold a resident’s shoes or clothing, except as necessary to protect the resident’s health or safety or to prevent the resident from running away;

d. Require a resident to perform physical exercise or perform tasks, which are humiliating, unusual, or physically exhausting; or

e. Use group punishment for misbehaviors of individuals except when documented as part of the treatment plan;

(8) Use sensory deprivation;

(9) Use mechanical restraints, and specifically any equipment, material, or device that is applied to a resident for the purpose of restricting their movement or activity;

(10) Allow residents to discipline other residents; or

(11) Use rough handling on residents, including but not limited to, grabbing, pushing, pulling, and dragging.

(1) Not be in a locked room;

(2) Be appropriate to the resident’s developmental level and circumstances; and

(3) Be limited to the minimum amount of time necessary to:

a. Allow the resident to regain self-control;

b. Be effective as a consequence; or

c. Protect the safety of the resident in time out or other residents.

(d) The applicant, licensee, program director, and program staff shall take prompt action to protect residents from abuse, neglect, corporal punishment, or other mistreatment by any individual.

(e) Program staff shall use seclusion and restraint in accordance with RSA 126-U and He-C 901.

(f) Before any program staff participates in a restraint or the use of seclusion, they shall have completed a curriculum in restraint techniques that is designed to protect the resident from risk of harm to self, others, property, or the public.

(g) Restraint techniques used shall be consistent with the curriculum required in (f) above and be reviewed at least annually with program staff to maintain competency.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; amd by #13991, EMERGENCY RULE, eff 5-29-24, EXPIRED: 11-25-24
#14123, eff 11-26-24, EXPIRED: 11-26-25; ss by #14214, eff 4-1-25, EXPIRES: 4-1-35

N.H. Code Admin. R. Ann. He-C 4001.23 Incident Reports and Reporting Requirements {#sec-he-c-4001.23 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.23}

(a) Licensees shall ensure that program staff complete all reports and comply with reporting requirements for uses of restraint and seclusion, in accordance with RSA 126-U and He-C 901.

(b) For other incidents defined in He-C 4001.01(z) the licensee shall complete a legible, written incident report.

(1) The program name;

(2) A description of the incident, including what led to the incident, where it occurred, and identification of injuries, if applicable;

(3) The name of the licensee(s) or personnel involved in, witnessing, or responding to the reportable incident;

(4) The name of resident(s) involved in or witnessing the reportable incident;

(5) The date and the beginning and ending time of the reportable incident;

(6) The action taken in direct response to the reportable incident, including any follow-up;

(7) If medical intervention was required, by whom, and the date and time;

(8) When the resident’s guardian, agent, surrogate decision-maker, or personal representative, if any, was notified;

(9) The signature of the person reporting the reportable incident; and

(10) The date and time the resident’s licensed practitioner was notified, if applicable.

(d) If the incident is a reportable incident as defined in He-C 4001.01(bb), the program shall notify the unit within 48 hours of the incident.

(e) Incident reports shall be maintained as part of the involved resident’s records and be made available on the premises of the program for review by the department.

(f) Program staff shall provide the resident’s parent(s) or guardian(s) with information regarding incident reports on the next business day, which shall include all of the information included on the incident report.

(g) If the parent(s) or guardian(s) do not have a telephone or cannot be reached, program staff shall document their efforts to notify them and send a written copy of the incident report to the parent(s) or guardian(s).

(h) For uses of seclusion, restraint, or other intentional physical contact with a child which is response to a child’s aggression, misconduct, or disruptive behavior, program staff shall notify the resident’s parents or guardians in accordance with RSA 126-U and He-C 901.

(i) Immediately following any fire or emergency incident, licensees shall notify the unit by phone, followed by written notification within 72 hours, with the exception of a false alarm or emergency medical services (EMS) transport for a non-emergent reason.

(j) The written notification required by (i) above shall include:

(1) The date and time of the incident;

(2) A description of the location and extent of the incident, including any injuries or property damage;

(3) A description of events preceding and following the incident;

(4) The name of any personnel or residents who were evacuated as a result of the incident, if applicable;

(5) The name of any personnel or residents who required medical treatment as a result of the incident, if applicable; and

(6) The name of the individual the licensee wishes the unit to contact if additional information is required.

(k) As soon as is practicable but no longer than 24 hours after the use of a medication restraint, the resident’s licensed practitioner shall be notified of the use of such restraint.

(l) Program staff shall immediately notify the local police department, the unit, and the resident’s parent or guardian when a resident is unaccounted for after searching the buildings and grounds, and determining that the resident is a danger to their self or others, or the resident is in danger because of the current weather conditions or season.

(m) The program director or designee shall notify the unit, the parent or guardian, and the person or agency responsible for the resident’s placement within 24 hours of the serious injury or death of any resident.

(n) In the event of the death of a resident, the program director or designee shall provide a written report to the unit and the person or agency responsible for the resident’s placement, within 72 hours of the death, detailing the circumstances of the death.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; amd by #13991, EMERGENCY RULE, eff 5-29-24, EXPIRED: 11-25-24
#14123, eff 11-26-24, EXPIRED: 11-26-25; ss by #14214, eff 4-1-25, EXPIRES: 4-1-35

N.H. Code Admin. R. Ann. He-C 4001.24 Nutrition {#sec-he-c-4001.24 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.24}

(a) Programs shall offer residents 3 meals and 2 snacks each day that meet US Department of Agriculture dietary allowances.

(b) Residents shall not be denied meals or snacks for any reason except according to a licensed practitioner’s order.

(d) Residents shall not be coerced to eat against their will, except by written order of the resident’s licensed practitioner.

(e) Programs shall meet the nutritional needs of each resident on a therapeutic or medically prescribed special diet.

(f) Child care program personnel shall assure that all food and drink served to residents are:

(1) Safe for human consumption and free of spoilage or other contamination;

(2) Stored, prepared, and served in a manner consistent with safe food handling practices for the prevention of food borne illnesses, including those set forth in He-P 2300; and

(3) Stored in a way to protect it from dust, insects, rodents, overhead leakage, unnecessary handling, and all other sources of contamination.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20’ ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.25 Transportation and Trips {#sec-he-c-4001.25 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.25}

(a) Program staff shall bring on all field trips, outings, and excursions off campus, a copy of the authorization for medical treatment required under He-C 4001.12(a), for each resident participating in the field trip.

(b) Residents who are transported by the program and during any program sponsored activity shall be transported in vehicles that are:

(1) Driven by individuals who are at least 21 years of age and hold a valid driver’s license;

(2) Inspected in accordance with Saf-C 3200;

(3) Maintained in a safe operating condition;

(4) Registered in accordance with Saf-C 500;

(5) Insured for personal liability, and medical payments; and

(6) Free of obstructions on the floors and seats.

(d) Program staff shall not permit any resident to remain in any vehicle unattended by program staff unless the resident is at a level of supervision that allows the resident to be unaccompanied by program staff for specific activities, and if driving, the resident has a valid driver’s license.

(e) Keys to vehicles, including vehicles belonging to program staff, shall not be accessible to residents, except for a resident who is driving a vehicle pursuant to (d) above.

(f) The number of individuals who are transported by the program or transported in any vehicle during any program-sponsored activity, shall be limited to the number of persons the vehicle is designed to carry.

(g) Residents younger than 5 years of age who are transported by the program or transported in any vehicle during any program sponsored activity shall not be transported in any vehicle exempted from seat belt requirements under RSA 265:107-a, II.

(h) Program staff shall secure residents via individual, age-appropriate child restraints or seat belts in accordance with RSA 265:107-a.

(i) Programs shall comply with RSA 126-U:12 regarding restrictions in the use of mechanical restraints during the transport of residents.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.26 Independent Living Homes {#sec-he-c-4001.26 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.26}

(a) Independent living homes shall comply with He-C 4001.01 through He-C 4001.25, He-C 4001.31, and this section, except as provided in (b) below.

(b) Independent living homes shall be exempt from:

(1) He-C 4001.21(e)(1), regarding responsibility for the operation and maintenance of the facility;

(2) He-C 4001.17(e), specifically regarding resident’s access to cleaning products;

(3) He-C 4001.21(f)(3), regarding clothing requirements; and

(4) He-C 4001.14(g), regarding program staff certified in cardiopulmonary resuscitation (CPR) and first aid being present in each building when residents are present, provided that certified staff are on the premises.

(d) Independent living homes shall not be required to have staff in the residence when residents are not on the premises of the program.

(e) Program staff shall provide an effective communication system between the residents of an independent living home and staff to ensure that program staff are available to always address the needs of the residents.

(f) Kitchen facilities shall be available and accessible for use by all residents and program staff.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.27 Short Term Placements {#sec-he-c-4001.27 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.27}

(a) The requirements in this section shall apply only to residents who are in short term placement.

(b) Programs that admit residents for short term placements shall comply with He-C 4001.01 through 4001.25, He-C 4001.31, and this section.

(c) Within 5 calendar days of the date the resident is admitted to the program, the program shall obtain or document efforts to obtain the following for each resident:

(1) Written authorization for emergency medical treatment, signed by the resident’s parents or guardian, as required under He-C 4001.12(a);

(2) Any history of childhood diseases;

(3) Any current medications prescribed for the resident;

(4) The date of the resident’s last visit to a licensed practitioner;

(5) The date and reason for any previous hospitalizations and surgeries;

(6) Current medical problems;

(7) Any allergies to food or medications;

(8) Any special dietary needs or restrictions; and

(9) Any functional limitations.

(d) Within 30 days of the date the resident is admitted to the program, the program shall obtain or document efforts to obtain a record of physical examination completed in accordance with He-C 4001.12(b) and (c) s which shall be available for review by the unit.

History

#2664, eff 3-30-84, EXPIRED: 3-30-90
#8581, eff 4-20-06, EXPIRED: 4-20-14
#10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.28 Homeless Youth Programs {#sec-he-c-4001.28 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.28}

(a) The requirements in this section shall apply only to programs which serve residents who are in homeless youth placement.

(b) Programs receiving homeless youth in accordance with RSA 170-E:25, II(f), shall do so for the purpose of providing shelter, basic needs, and services, which shall include an individual assessment, referral, housing, and case management to facilitate safety, permanency, wellbeing, and independent living.

(c) The program shall have and implement a written policy consistent with the mandated reporting statute RSA 169-C:29 through RSA 169-C:39, with a particular focus on neglect and abandonment.

(d) The homeless youth program shall provide training to all staff on the mandated reporting statute RSA 169-C:29 through RSA 169-C:39 and on the policy in (c) above.

(e) Homeless youth programs shall comply with RSA 170-E:27-a, except that the notification in RSA 170-E:27-a, I(c), shall be to the department’s DCYF.

(f) Homeless youth programs shall document attempts to contact a parent or legal guardian of a resident 16 or 17 years of age in accordance with RSA 170-E:27-a.

(g) Agencies licensed as homeless youth programs which have a license for one or more additional types of residential child care programs shall have and implement a policy consistent with RSA 169-C:16, II, and RSA 169-D:9-c, I, to address supervision, commingling, and safety for multiple populations.

(h) Homeless youth programs shall develop written protocols with local police department(s) regarding notification to the local police department for residents who are 16 or 17 years of age. In cases where local police departments refuse to participate in the development of such protocols, the homeless youth program shall document the efforts taken to engage them.

(i) Homeless youth programs shall comply with He-C 4001.01 through He-C 4001.25, He-C 4001.31, and this section, except for:

(1) He-C 4001.12(a)–(g); and

(2) He-C 4001.21(b)–(g).

(j) Homeless youth programs shall maintain written documentation for each resident including the following information:

(1) Name, sex, and age of the resident;

(2) Name, address, and telephone number of an adult next of kin or guardian, if available;

(3) Date of admission;

(4) Referral source, if any;

(5) Medical or health information, if available;

(6) Any diseases or injuries diagnosed while in care; and

(7) Educational status.

(k) Homeless youth programs shall obtain urgent medical or dental care for each resident, as needed.

(l) If parental authorization for medical treatment, in accordance with He-C 4001.12(a), is not obtainable for residents who are 16 or 17 years of age, the homeless youth program shall document efforts to obtain such authorization.

(m) If urgent medical or dental treatment is not available due to lack of authorization from a parent or guardian, the program shall contact DCYF for assistance.

(n) Homeless youth programs shall provide residents with information about educational rights in accordance with the McKinney Vinto Act, 42 USC 11431 et. seq.

(o) Homeless youth programs shall make appropriate referrals for the resident based on the health, education, housing, and permanency needs of each resident including available community-based services and resources.

(p) Homeless youth programs shall develop a transition and discharge plan for each resident that addresses the resident’s needs at the time of discharge.

History

#10319, eff 7-1-13; ss by #13750, eff 9-23-23; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.29 Specialized Care Programs (SCPs) {#sec-he-c-4001.29 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.29}

(a) Residents who have medical or behavioral health needs, or both, requiring specialized care necessitates programming that incorporates an increased awareness of the unique needs, as well as attention, adaptation, and accommodative measures beyond what are considered routine. For the purposes of this section, such medical or behavioral health needs are those defined in He-C 4001.01(bj), and which may be congenital, developmental, or acquired through disease, trauma, or environmental causes, and which impose limitations in performing daily self-maintenance activities or substantial limitations in a major life activity.

(b) SCPs shall comply with:

(1) He-C 4001.01 through He-C 4001.25, He-C 4001.31, and this section; and

(2) Any other federal, state, and professional standards related to the treatment of any medical diagnosis of any resident.

(c) In addition to the policies required in He-C 4001.14 and He-C 4001.15, SCPs shall have written policies and procedures governing the operation of the program relative to the provision of services, available for review by the unit, that include the following:

(1) Intake and admissions procedures that clearly state the criteria for the SCP population to be served;

(2) A description of the services provided within the program to meet the special medical needs of the residents;

(3) A description of the professional services provided on site and in the local community that will be contracted or accessed to ensure the special medical needs of the residents are met;

(4) The organizational chart, job descriptions of staff, and contracts with medical staff, clinical staff, and consultants used to meet the special medical needs of the population being served; and

(5) How direct care staff will be orientated and trained to prepare to work with the population being served.

(d) The program director, together with relevant members of the administration, clinical, and direct-care staff, shall annually review all policies and procedures and revise them as needed to ensure consistency with current practice and professional standards.

(e) All clinical services provided by the licensee shall:

(1) Focus on the residents strengths;

(2) Be sensitive and relevant to the diversity of the residents;

(3) Be child and family-centered; and

(4) Be designed to acknowledge the impact of violence and trauma on resident’s lives, which shall be addressed in the services provided.

(f) The licensee shall assess and monitor the quality of care and services it provides to residents on an ongoing basis.

(g) SPCs providing behavioral health services shall employ or contract with:

(1) A clinical coordinator who shall:

a. Be a full-time employee;

b. Meet the definition of clinical staff in He-C 4001.01(j); and

c. Have 2 years post-graduate experience in human services; and

(2) Clinical staff to meet the needs of the residents who shall:

a. Be a full-time employee or a part-time employee with a minimum of 22 hours a week; and

b. Meet the criteria specified in He-C 4001.01(j).

(h) SCPs shall:

(1) Provide administrative services that include the appointment of a full-time, on-site program director who is responsible for the day-to-day operations of the SPC, who meets the requirements specified in He-C 4001.19(g);

(2) Contract with or employ professional staff to meet the needs of residents, including but not limited to clinical, medical, and social needs;

(3) Employ direct care staff to implement service plans on a daily basis;

(4) Assign all direct care staff and clinical staff to a staff person who has supervisory or administrative responsibility and experience suitable to the goals of the program and the responsibilities of the staff supervised;

(5) Require direct care and clinical staff to have scheduled supervision with the assigned supervisor regarding resident’s needs and methods of meeting those needs, which shall occur a minimum of weekly or more frequently as needed;

(6) In addition to He-C 4001.19(b), provide orientation for all new employees to acquaint them with the program's philosophy, organization, policies, and services. No new direct care staff shall be solely responsible for residents until they have completed the orientation;

(7) Ensure that all staff who perform direct care to residents or who are providing treatment, education, and recovery support services shall be under the direct supervision of a licensed clinical supervisor pursuant to the supervision requirements in Alc 400; and

(8) Require that all personnel follow the orders of the licensed practitioner for each resident and encourage the residents to follow the licensed practitioner’s orders.

(i) An SCP that is not able to meet the needs of any resident whom requires specialized care, as described in this section, shall notify the unit and expeditiously seek an alternative placement, which can provide for the resident’s needs on a long-term basis and ensure that all needs are met until such time transfer or discharge can safely occur.

(j) SCPs shall assess each resident within 24 hours of admission to determine each resident’s needs and abilities on the following:

(1) Walking and ambulation;

(2) Transfers;

(3) Ability to self-evacuate;

(4) Fall risk;

(5) Mood and behavior;

(6) Communication;

(7) Nutrition and oral health;

(8) Medications and treatments including nebulizers and oxygen;

(9) Personal hygiene and assistance with activities of daily living;

(10) Whether or not safety devices, such as helmet, mittens, or safety belt, are needed; and

(11) Nursing care and services.

(k) The assessment conducted in accordance with (j) above shall be:

(1) Incorporated into the resident’s service plan and treatment plan; and

(2) Documented in the resident’s file and available for review by unit staff.

(l) In addition to the treatment plan required in He-C 4001.30, SCPs shall develop a service plan, meaning a written guide, in consultation with the resident and parent, guardian, agent, or personal representative, as applicable, as a result of the assessment conducted in accordance with (j) above for the provision of care and services which shall:

(1) Be completed within 24 hours of the completion of the assessment and within 24 hours of the completion of subsequent assessments;

(2) Identify the resident's needs;

(3) Identify the services that the SCP will provide and the staff person responsible for providing or arranging for the services while the resident is in care;

(4) Include the following areas:

a. Educational;

b. Vocational;

c. Health, including medical, dental, and ancillary services;

d. Behavior management, including specific individual modifications of the restraint plan, if necessary;

e. Life skills; and

f. Social services, including family work, psychological and psychiatric services, and counseling;

(5) Be made available to all personnel for residents whom they assist;

(6) Be completed in consultation with the resident and parent, guardian, agent, or personal representative, as applicable, and if any of these individuals are unable or unwilling to participate, it shall be documented in the resident record; and

(7) Be available on site for review by the unit.

(m) The service plan identified in (l) above shall include on an ongoing basis:

(1) The date a problem or need was identified as a result of the assessment conducted in (k) above;

(2) A description of the problem or need;

(3) The goal or objective of the plan;

(4) The action or approach to be taken;

(5) The responsible person(s) or position; and

(6) The date of reevaluation, review, or resolution.

(n) The licensee shall explain all service plans to all child care personnel responsible for implementing the service plan, to the resident’s parent, guardian, agent, or personal representative, as appropriate, and to the resident in a manner consistent with their maturity and capacity to understand.

(o) All service plans shall be reviewed and updated as often as necessary, but no less frequently than every 6 months to re-assess the resident’s needs and determine if:

(1) The service plan will be continued for another 6 months;

(2) The service plan will be revised to meet the needs of the resident;

(3) The service plan will be discontinued because the plan is no longer needed; and

(4) Shall be available for review by the unit.

(p) Progress notes shall be written at least every 90 days and include, at a minimum:

(1) Service plan outcomes;

(2) The resident’s physical, functional, and mental abilities; and

(3) Changes in behavior, such as eating habits, sleeping pattern, and relationships.

(q) If a resident refuses care or services that could result in a threat to their health, safety, or well-being, or that of others, the licensee or their designee shall:

(1) Inform the resident of the potential results of their refusal;

(2) Notify the licensed practitioner and parent, guardian, agent, or personal representative, if any, of the resident’s refusal of care; and

(3) Document in the resident’s record the refusal of care and the resident’s reason for the refusal.

(r) If a resident is non-verbal or incapable of understanding the need for care or services as identified in (q) above but exhibits behaviors that represent refusal of any care or services:

(1) Such behaviors shall be documented in the resident’s record; and

(2) Staff shall consult with appropriate personnel of the SCP to determine if the care plan requires modifications or if the needs of the resident exceed the services that the SCP is able to provide.

(s) The licensee shall insure that medically necessary glasses, hearing aids, prosthetic devices, corrective physical or dental devices, or any equipment necessary or treatments prescribed by the examining physician are provided to the resident if the resident’s parent, guardian, agent, or personal representative, as applicable, does not provide them.

(t) The licensee shall not require any resident to receive medical treatment or screening when the parents or guardians of such resident object based on religious beliefs.

(u) Programs providing SUD services shall:

(1) Provide administrative services that include the appointment of a full-time, on-site program director who is responsible for the day-to-day operations, who shall be at least 21 years of age and have a minimum of one of the following combinations of education and experience:

a. A bachelor’s degree from an accredited institution and one year of relevant experience working in a health related field;

b. A New Hampshire license as an RN, with at least one-year relevant experience working in a health related field;

c. An associate’s degree from an accredited institution plus 3 years relevant experience in a health related field;

d. A MLADC or LADC license issued by the state of New Hampshire; or

e. Licensed by the New Hampshire board of mental health practice with at least one year of relevant experience working in SUD treatment;

(2) Employ or contract with a medical director who:

a. Is a licensed practitioner who is licensed in the state of New Hampshire; and

b. Has experience providing medical services to residents with behavioral health or substance use disorder needs;

(3) Employ or contract with a nurse who is currently licensed in the state of New Hampshire pursuant to RSA 326-B, or licensed pursuant to the multi-state compact, and who is an RN or LPN with at least 2 year's relevant experience in substance use disorder treatment or behavioral health services;

(4) Employ or contract with a clinical services director who is a LADC or MLADC licensed by the New Hampshire board of licensing for alcohol and other drug use professionals or an individual licensed by the board of mental health practice and who has at least 2 years relevant experience in treatment of SUD or behavior services;

(5) Employ or contract with additional professional staff to meet the needs of residents, including but not limited to clinical, medical, and social needs; and

(6) Employ direct care staff to implement service plans on a daily basis.

(v) In programs providing SUD services, all direct care personnel shall be at least 21 years of age unless they are:

(1) A licensed nursing assistant working under the supervision of a nurse in accordance with Nur 700; or

(2) Involved in an established educational program working under the supervision of licensed staff.

(w) In addition to (u) and (v) above, all programs providing SUD services shall:

(1) Ensure that all staff who perform direct care to residents or who are providing treatment, education, and recovery support services shall be under the direct supervision of a licensed clinical supervisor pursuant to the supervision requirements in Alc 400;

(2) Require all personnel to follow the orders of the licensed practitioner for each resident, and encourage the residents to follow the licensed practitioner’s orders; and

(3) Require staff to obtain continuing education requirements, in accordance with Alc 400, and maintain documentation of the training in the employee’s individual personnel file for review by the unit.

(x) In programs providing SUD services, the services shall be evidence-based by meeting one of the following:

(1) The services shall be included as an evidence-based mental health and substance abuse intervention on the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration’s (SAMHSA) “Evidence-Based Practices Resource Center” available at https://www.samhsa.gov/libraries/evidence-based-practices-resource-center?f%5B0%5D=resource_topic%3A20277 , (as accessed and printed on January 27, 2025), available as noted in Appendix A;

(2) The services are published in a peer reviewed journal and found to have positive effects; or

(3) The treatment and support service provider shall be able to document the services effectiveness based on a theoretical model with validated research or a documented body of research generated from similar services that indicates effectiveness.

(y) In addition to (x) above, programs providing SUD services, shall deliver those services in accordance with:

(1) The American Society of Addiction Medicine’s (ASAM), “The ASAM Criteria”, (Fourth edition), available as noted in Appendix A; or

(2) The U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration’s (SAMHSA) “Knowledge Application Program (KAP) Resource Documents and Manuals” (July 2020 edition), available at https://www.samhsa.gov/kap/resources, or as noted in Appendix A.

(z) Programs operating a SCP shall appoint an individual who will oversee the development and implementation of an infection control program that educates and provides procedures for program staff for the prevention, control, and investigation of infectious and communicable diseases.

(aa) The infection control program shall include written procedures for:

(1) Proper hand washing techniques;

(2) The utilization of universal precautions;

(3) The management of residents with infectious or contagious diseases or illnesses;

(4) The handling, storage, transportation, and disposal of those items identified as infectious waste in Env-Sw 904; and

(5) The reporting of infectious and communicable diseases as required by He-P 301.

(ab) The infection control education program shall address at a minimum the:

(1) Causes of infection;

(2) Effects of infections;

(3) Transmission of infections; and

(4) Prevention and containment of infections.

History

#13151, eff 12-30-20; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.30 Treatment Planning Process for Specialized Care Programs {#sec-he-c-4001.30 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.30}

(a) SCPs shall conduct a psycho-social assessment of each resident with recommendations for treatment.

(b) Based on the assessment and recommendations in (a) above, the SCP shall conduct a treatment team meeting and develop a treatment plan within 30 calendar days of placement of the resident.

(1) The summary of the psycho-social assessment;

(2) A transitional section for the resident and family that includes:

a. An estimate of the resident’s length of stay, based upon referral information and the SCP’s assessment; and

b. A permanency plan identifying the following alternatives for the resident, including the identified resource, if known at the time of the treatment plan:

Reunification with the family;
Adoption;
Guardianship by a relative or other person;
Permanent placement with a fit and willing relative; or
Another planned permanent living arrangement (APPLA) in accordance with RSA 169-C:24-b, II(a)(3);

(3) Community reintegration and transition tasks that identify the following:

a. Specific needed supports or services that would provide for the resident to successfully transition out of the SCP and into the community;

b. The treatment team member who is responsible for completing each task necessary; and

c. The projected time frame for completion of each task; and

(4) The date and signatures of the following team members, indicating their participation:

a. The resident;

b. The resident’s parents or guardian(s);

c. The licensed practitioner; and

d. The clinical coordinator or the SCP’s program director. If the licensed practitioner is also the clinical coordinator, they shall indicate dual functions.

(d) The treatment team shall consist of the individuals identified in (c) above in addition to the following invited participants:

(1) Clinical staff of the SCP;

(2) Attorney or guardian ad litem (GAL) for the resident;

(3) A representative of the local educational agency when clinically appropriate; and

(4) Other persons significant in the resident’s life if clinically appropriate, including but not limited to:

a. Teachers;

b. Staff members from the SCP;

c. Counselors;

d. Friends;

e. Relatives; and

f. Educational surrogate.

(e) When any of the individuals in (d) above do not participate, the SCP shall document its efforts to involve them.

(f) Changes and updates to the treatment plan shall be made based on progress identified by the treatment team, areas of continued treatment needs, achievement of goals or objectives, and effectiveness of interventions identified in the treatment plan.

(g) Revisions to the treatment plan outside the scheduled treatment plan reviews shall include the signatures of the licensed practitioner, clinical coordinators, and other team members identified, as available, and shall be explained in writing to any individuals of the team who are unable to participate.

(h) SCPs shall acquire signatures on the treatment plans of individuals identified in (c)(4) and (d) above within 7 calendar days of the treatment team meeting, or if signatures cannot be obtained, the following occurs:

(1) Reasonable efforts to obtain the signature of the parent(s) or guardian(s) and DCYF shall be documented as meeting the requirements of (c)(4) above; and

(2) Any team members participating through electronic means, other than the licensed practitioner or clinical coordinator, may provide verbal assent in lieu of signature on the treatment plan but this shall not preclude efforts identified in (1) above.

(i) During each treatment team meeting, the treatment team shall review and update the treatment plan as necessary, in accordance with the following:

(1) Three months from the initial treatment plan; and

(2) Every 3 months thereafter until transfer or discharge, at no point exceeding 3 months.

(j) Once the treatment plan is complete, all clinical and direct care staff shall receive supervision and instruction to ensure that they consistently implement each resident’s treatment plan.

(k) The treatment plan shall be filed in the resident’s record and copies provided to the individuals identified in (c)(4) and (d) above.

(l) The treatment team and the staff of the SCP shall implement the treatment plan, which shall be reflected in the resident’s daily routine, logs, progress notes, and transfer or discharge summary.

(m) The treatment plan shall at a minimum, contain the following domains relating to rehabilitative and restorative services provided by the SCP:

(1) Safety and behavior of the resident;

(2) Family;

(3) Medical;

(4) Education, if clinically necessary; and

(5) Adult living preparation if determined clinically necessary.

(n) Each domain identified in (m) above shall address:

(1) The goals and measurable objectives to be achieved by the resident and family;

(2) The time frames for completion of objectives; and

(3) The individualized interventions that will be used to address the objectives, including:

a. Identification of the staff or individual providing or implementing the stated intervention;

b. The frequency of the intervention; and

c. How that intervention is documented.

(o) All programs shall provide and coordinate services and treatment interventions to meet the goals identified in the treatment plan, as follows:

(1) Treatment interventions shall meet the individual needs of the residents and families in therapeutic and group-living experiences;

(2) Treatment programs shall include individual or group problem solving and decision-making;

(3) The clinical coordinator shall ensure therapeutic interventions and other services are implemented and integrated into the treatment programming for the individual resident and family;

and

(5) Direct care staff that provides group counseling shall receive supervision from clinical staff.

(p) Depending on the needs of the resident and family, services required by the treatment plan, including individual, group, and family counseling shall be available within the SCP or shall be provided through local community agencies, as follows:

(1) Treatment plans shall provide and allow for increased community-based integration and involvement, based on progress and individualized needs; and

(2) The clinical coordinator or another staff member who meets the requirements of clinical staff may provide individual or family counseling.

(q) The program shall maintain a multi-disciplinary, self-contained means of service delivery to meet the needs identified within the treatment plan, in accordance with the following:

(1) There shall be a clinical staff to resident ratio of one clinical staff to 10 residents;

(2) There shall be clinical services provided through the residential treatment program’s on-site program unless a special circumstance is identified through the treatment plan to support utilizing a community provider;

(3) Clinical staff shall provide treatment interventions to meet the individual needs of the residents and families served and shall provide a therapeutic group-living experience;

(4) Unless otherwise specified in the resident’s treatment plan, any combination of individual, group, or family counseling services shall be provided to each resident or the family a minimum of 3 times a week;

(5) There shall be a family-centered services component designed to promote and provide opportunities for families to be involved in all aspects of their child’s care, including, but not limited to:

a. Activities designed to promote permanency and support continued family involvement throughout placement;

b. Services that promote family involvement and partnership in a therapeutic process from intake to transfer or discharge, which supports the identified permanency plan;

c. Implementation of the reasonable and prudent parent standard by staff including a description of how the program will identify and support normal age and developmental experiences including social, extracurricular, enrichment, and cultural activities in the community;

d. Whenever possible, activities in the family’s home at the family’s convenience, and other services to support the identified permanency plan;

e. Parental or guardian education, as needed to support the resident and family’s permanency, safety, and well-being;

f. Communication that includes the family in the program’s initial orientation process and ongoing activities; and

g. The program’s grievance procedures, which shall ensure that residents may constructively address their concerns without fear of retaliation; and

(6) The program shall organize its clinical staff and family workers in a flexible manner so long as families are seen face-to-face no less than one time per week, unless otherwise specified in the resident’s treatment plan, in accordance with the following:

a. Technology may be used to supplement clinical services as a part of the resident’s treatment; and

b. The utilization of a video-conferencing technology shall not replace face-to-face contact unless documented in the resident’s treatment plan with the agreement of the treatment team.

(r) The program shall be staff-secure and be able to serve those residents whose needs require a high level of treatment and supervision, in accordance with the following:

(1) There shall be a minimum staff to resident ratio of one staff to 4 residents during hours when residents are awake; and

(2) There shall be an awake staff member in each building housing residents.

History

#13151, eff 12-30-20; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.31 Background Checks and Determination of Eligibility for Employment {#sec-he-c-4001.31 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.31}

(a) Background record checks shall be completed in accordance with this section.

(b) Prior to the start date and every 5 years thereafter, an employee, volunteer, household member, or other individual who will be working in the residential program and is 18 years of age or older shall submit for a background record check using the NHCIS portal.

(c) The background record check shall be completed in accordance with RSA 170-E:29-a, unless exempted from this requirement as permitted under RSA 170-E:29-a, IV-a.

(d) For individuals exempted from completing a background record check in accordance with (c) above, the program shall ensure the individual completes a request to transfer their employment eligibility to the program using the NHCIS portal.

(e) For every individual age 12 years through 17 years, other than residents admitted to the program, the program shall, prior to the individual’s start date, submit to the unit:

(1) A completed and notarized “Staff and Household Member Form” (February 2025), certifying the following:

“a) All information provided above is accurate.

b) I have not been convicted of a felony consisting of murder, child abuse or neglect, crimes against children (including pornography and trafficking), spousal abuse, rape or sexual assault, kidnapping, arson, physical assault or battery, or a drug related offense (in the last 5 years) or convicted of a violent misdemeanor as an adult against a child including child abuse, child endangerment, sexual assault or child pornography, or a crime which shows that I might be reasonably expected to pose a threat to a child, such as violent crime or sexually related crime against an adult.” ; and

(2) All forms and any required fees to complete registry checks when the individual has lived in any state other than NH, or a United States territory, within the previous 5 years.

(f) Individuals age 12 years through 17 years who completed the registry checks through the unit during the previous 5 year period and who have been employed, are a volunteer, or a household member in any New Hampshire licensed child care program within the prior 6 months of their start date, shall submit a completed and notarized “Staff and Household Member Form” (February 2025), and shall be exempt from submitting the item in (e)(2) above.

(g) Upon receipt of the information requested in (b) and (e) above, the unit shall assess the individual’s eligibility for employment in accordance with RSA170-E:29-a, V or VI, and if eligible, notify the program of the individual’s eligibility and the date the eligibility expires, which shall be 5 years for submissions in (b) and the 18th birthday of the individuals submitted in (e).

(h) All individuals shall complete the background record check prior to their expiration of eligibility.

(i) If the unit determines that an individual is ineligible, in accordance with RSA170-E:29-a, V or VI, it shall provide notice to the individual that:

(1) The individual has been determined by the unit to be ineligible;

(2) The basis for the determination that the individual is ineligible; and

(3) The individual’s right to challenge their criminal record pursuant to Saf-C 5703.

(j) If the unit determines that an individual is ineligible to work in child care, in accordance with RSA 170-E:29-a, V or VI, it shall provide notice to the residential child care program that:

(1) The individual has been determined by the unit to be ineligible;

(2) The program shall take immediate action to prohibit the individual from being on the premises of the residential child care program and from having access to the residents admitted to the program; and

(3) The residential child care program shall inform the unit in writing of the specific action it has taken as required under (2) above.

(k) When the program learns of any charges or convictions of individuals after the determination of eligibility, the program shall report them to the unit immediately.

(l) The unit may require the individual to complete additional background checks when the unit needs additional information to determine if the individual’s eligibility must be rescinded per RSA 170-E:29-a, VII, with notification provided per (i) and (j) above.

History

#13151, eff 12-30-20; ss by #14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.32 Waivers of Rules {#sec-he-c-4001.32 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.32}

(a) Applicants or licensees shall request a waiver through the NHCIS portal or by providing the following information in writing to the unit:

(1) The program name, address, phone number, email address, and license number;

(2) The rule numbers for which the program is requesting a waiver;

(3) A brief explanation of the reason for the waiver, the length of time for which the waiver is requested, how the program will meet the intent of the rule, and any affect the granting of the waiver will have on the health and safety of the residents in the program; and

(4) The number and range of ages of the residents affected by the waiver.

(b) The unit shall grant a waiver if it determines the alternative proposed by the applicant or licensee:

(1) Meets the objective or intent of the rule;

(2) Does not negatively affect the health, safety, or well-being of the residents; and

(3) Does not negatively affect the quality of resident services.

(c) A program’s compliance with an approved waiver shall be considered equivalent to complying with the rule from which waiver was sought.

(d) The unit shall not approve any request for a waiver of any of the provisions of RSA 170-E or of any rules of other state agencies which are referred to in this chapter.

History

#14214, eff 4-1-25

N.H. Code Admin. R. Ann. He-C 4001.33 Administrative Fines {#sec-he-c-4001.33 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4001.33}

(a) The department shall assess administrative fines in accordance with RSA 170-E:34, I(j) and RSA 170-E:45-a.

(b) The department shall send a written notice of intent to impose a fine which shall include:

(1) The amount of the fine and the citation(s) for which the fine is being assessed;

(2) The automatic reduction of the fine by 25% by submitting to the department, no later than 10 days from receipt of the notice, payment of the reduced fine, and a corrective action plan which has been accepted and approved by the department; and

(3) The right to request an administrative hearing no later than 14 days of receipt of the notice, including the contact information for the hearings unit.

(c) If a written request for an administrative hearing is not made as specified in (b)(3) above, the action of the department becomes final and the fine shall be paid to the department no later than 30 days from the receipt of the notice.

(d) When an administrative hearing is conducted and the department’s decision to impose a fine is upheld, the fine shall be due and payable within 10 days of the date of the hearing officer's decision.

(e) The imposition of fines shall not prohibit the department from enforcing any conditions or any other enforcement action available to it under He-C 4001 or RSA 170-E.

(f) The department shall impose fines in accordance with the following:

(1) For failure to comply with the provisions of a license or permit, in violation of He-C 4001.10(a), the fine shall be $500.00;

(2) For a repeat citation for failure to comply with the provisions of a license or permit, in violation of He-C 4001.10(a), the fine shall be $500.00, plus $100.00 for each day that the program fails to comply with the provisions of a license or permit;

(3) For a failure to cease operating an unlicensed residential child care program after being notified by the department of the need for a license, in violation of RSA 170-E:27, I, the fine shall be $2,000.00 for an applicant or unlicensed provider;

(4) For a failure to submit a renewal application for a license in accordance with RSA 170-E:32, I and He-C 4001.03(a), the fine shall be $500.00;

(5) For a failure to cease operations after suspension, revocation, or denial of a permit or license, in violation of RSA 170-E:27, I, or continuing to operate after a failure to renew the license by the expiration date, in violation of RSA 170-E:32, I and He-C 4001.03(a), the fine for an applicant, unlicensed provider, or a licensee shall be $2,000.00;

(6) For advertising services or otherwise representing that the program has a license to provide residential child care services it is not licensed to provide, in violation of RSA 170-E:27, I, the fine for an applicant, licensee or unlicensed provider shall be $500.00;

(7) For failure to submit any requested reports or failing to make available any records required by the unit for investigation, monitoring, or licensing purposes in violation of He-C 4001.10(l), the fine shall be $500.00, per offense, plus $100.00 per day, per offense, for each day for which the unit does not receive the requested documents;

(8) For falsifying any documents, other written information, or reports issued by or required by the unit, in violation of He-C 4001.10(o)(2), the fine shall be $1000.00 per offense;

(9) For failure to cooperate during any visit authorized under RSA 170-E or He-C 4001, in violation of He-C 4001.10(j) and (k), the fine shall be $1,000.00;

(10) For failure to submit a corrective action plan, in violation of He-C 4001.06(e) or (f), the fine shall be $500.00, unless an extension has been granted by the unit;

(11) For failure to implement or maintain the corrective action plan that has been approved or issued by the unit, in violation of He-C 4001.06(e), (f), or (i) the fine shall be $500.00;

(12) For failure to supervise each resident in care, in violation of He-C 4001.14(a), the fine shall be $750.00;

(13) For abusing or neglecting a resident or residents, or failing to protect a resident or residents from abuse or neglect when the licensee or program director either knew or should have known about the abuse or neglect, in violation of He-C 4001.10(d) or (e), the fine shall be $2,000.00;

(14) For using corporal punishment, or failing to protect a resident or residents from corporal punishment in the residential child care program when the licensee or program director either knew or should have known about the corporal punishment, in violation of He-C 4001.22(b)(2), the fine shall be $1,000.00;

(15) For using inappropriate discipline or rough handling a resident or residents, or failing to protect a resident or residents from inappropriate discipline or rough handling when the licensee or program manager either knew or should have known about the inappropriate discipline or mistreatment, in violation of He-C 4001.22(b)(11), the fine shall be $500.00;

(16) For using prohibited restraints or acts of seclusion on a resident, in violation of RSA 126-U and He-C 4001.22(e), the fine shall be $1,000.00;

(17) For non-compliance with RSA 170-E:29-a and He-C 4001.32 regarding completion of criminal background record checks, the fine shall be $500.00;

(18) For non-compliance with RSA 170-E:29-a and He-C 4001.32 when an employee, household member, or other individual continues to work in the program after notification of ineligibility by the unit, the fine shall be $100.00 per day;

(19) For non-compliance with any statute or any rule which results in endangering one or more residents, in violation of RSA 170-E:27, II, the fine shall be $1,000.00;

(20) For non-compliance with any statute or rule which results in physical injury to one or more resident, or exposes one or more residents to imminent death, loss, or injury, the department shall assess a fine of $2,000.00 for each non-compliance, plus $500.00 per day that the non-compliance exists; and

(21) When an inspection determines that non-compliance with RSA 170-E or He-C 4001 is a repeat citation of any of the rules specified in (g)(1) through (19) above, the fine shall be double the initial fine, but not to exceed $2,000.00.

(g) Each day an applicant or licensee continues to be in violation of the provisions of RSA 170-E or He-C 4001 shall constitute a separate violation and shall be fined in accordance with this section. If the applicant or licensee is making good faith efforts to comply with He-C 4001, as verified by documentation or other means, the department shall not issue a daily fine.

History

#14214, eff 4-1-25

Part He-C 4002 Nh Child Care Program Licensing Rules

N.H. Code Admin. R. Ann. He-C 4002.01 Definitions {#sec-he-c-4002.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.01}

(a) “Accredited college or university” means a college or university acknowledged as meeting acceptable levels of quality through accreditation by any of the accrediting organizations recognized by the US Department of Education or the Council for Higher Education Accreditation.

(b) “Agency administrator” means a person who meets the qualifications of a center director and is employed by the licensee to oversee multiple child care agencies by a single or the same applicant or licensee.

(d) “Assistant group leader” means a person who is employed in or is seeking employment in a New Hampshire licensed child care program, who meets the age, education, and experience requirements specified in He-C 4002.34.

(e) “Assistant teacher” means a person who is employed in or is seeking employment in a New Hampshire licensed child care program, who meets the age, education, and experience requirements specified in He-C 4002.34.

(f) “Associate teacher” means a person who is employed in or is seeking employment in a New Hampshire licensed child care program, who meets the age, education, and experience requirements specified in He-C 4002.34.

(g) “Authorized staff” means child care staff that have completed training in medication safety and administration who are responsible for administration of medications to children.

(h) “Center based program” means any program owned and operated by one applicant and is licensed to provide any of the following types of child care:

(1) Group child care center;

(2) Infant and toddler program;

(3) Night care program;

(4) Preschool program;

(5) School-age program; or

(6) Any combination thereof.

(i) “Child” means “child” as defined in RSA 170-E:2, II.

(j) “Child care assistant” means a person who is employed in or is seeking employment in a New Hampshire licensed family child care program or a small child care center, who meets the age, education, and experience requirements specified in He-C 4002.33(g).

(k) “Child care manager” means a person who is responsible for the daily operation of a small child care center, and who provides the child care for at least ⅔ of the operating hours.

(l) “Child care staff” means:

(1) All child care staff categories as specified in He-C 4002.33 and 4002.34; and

(2) Agency administrator and site coordinator, as defined in He-C 4002.01(b) and 4002.01(bm), respectively.

(m) “Child care worker” means a person who is employed in or is seeking employment in a New Hampshire licensed family child care home, family group child care home, or small child care center, who meets the age, education, and experience requirements specified in He-C 4002.33(f).

(n) “Child day care” means “child day care” as defined in RSA 170-E:2, III. This term includes “child care”.

(o) “Child day care agency” means “child day care agency” as defined in RSA 170-E:2, IV. The term includes “agency” and “child care program”.

(p) “Citation” means non-compliance with a rule adopted in accordance with RSA 541-A.

(q) “Clean” means to remove dirt, debris, and bodily fluids by scrubbing and washing with a detergent solution and rinsing with water, or in accordance with the manufacturer’s instructions for cleaning.

(r) “Commissioner” means “commissioner” as defined in RSA 170-E:2, V.

(s) “Corporal punishment” means the intentional infliction of physical pain by any means for the purpose of punishment, correction, discipline, instruction, or any other reason.

(t) “Corrective action plan (CAP)” means “corrective action plan” as defined in RSA 170-E:2, VI.

(u) “Days” means calendar days unless otherwise specified herein.

(v) “Department” means “department” as defined in RSA 170-E:2, VII.

(w) “Developmentally appropriate” means actions, environment, equipment, supplies, communications, interactions, and activities that are based on the family culture, and the individual physical, emotional, social, and cognitive needs of each child in care.

(x) “Directed corrective action plan” means a corrective action plan that is developed and issued by the department.

(y) “Document” means any record, either in paper or electronic format, required in He-C 4002. This term includes “documentation”.

(z) “Family child care provider” means the individual in whose home family or family group child care services are provided, who is responsible for the operation of the program, and who provides the child care for at least ⅔ of the operating hours.

(aa) “Family day care home” means “family day care home” as defined in RSA 170-E:2, IV(a). This term includes “family child care home”.

(ab) “Family group day care home” means “family group day care home” as defined in RSA 170-E:2, IV(b). This term includes “family group child care home”.

(ac) “Full day school program” means a program administered by a public or private school that is approved by the department of education.

(ad) “Group child care center” means “group child care center” as defined in RSA 170-E:2, IV(c).

(ae) “Group leader” means a person who is employed in or is seeking employment in a New Hampshire licensed child care program, who meets the age, education, and experience requirements specified in He-C 4002.34(q).

(af) “Guardian” means “guardian” as defined in RSA 170-E:2, VIII.

(ag) “Household member” means any person residing in the home of an applicant for licensure as a program, if the program will be located in that home.

(ah) “Infant” means a child from the time of birth up to 12 months old.

(ai) “Infant and toddler program” means “infant and toddler program” as defined in RSA 170-E:2, IV(d).

(aj) “In-service professional development” means professional development activities including training or education acquired after an individual meets the qualifications for their position and which is acceptable toward meeting the annual professional development requirements for child care staff, as specified in He-C 4002.32.

(ak) “Junior helper” means a person who is engaged in a New Hampshire licensed child care program, who meets the age, education, and experience requirements specified in He-C 4002.33(k) or He-C 4002.34(o).

(al) “Lead teacher” means a person who is employed in or is seeking employment in a New Hampshire licensed childcare program, who meets the age, education, and experience requirements specified in He-C 4002.34(k).

(am) “License” means “license” as defined in RSA 170-E:2, IX.

(an) “License capacity” means the number and ages of children specified on the license or permit allowed to be in care at any one time.

(ao) “Licensee” means the person or entity to whom the department has issued a permit in accordance with RSA 170-E:2, XI or license in accordance with RSA 170-E:2, IX.

(ap) “Licensed practitioner” means a physician, physician's assistant, advanced registered nurse practitioner, dentist, or other licensed professional with prescriptive authority.

(aq) “Licensing coordinator” means a person employed by the department who consults with and inspects programs for compliance with RSA 170-E and He-C 4002.

(ar) “Medication” means a drug prescribed for a child by a licensed practitioner.

(as) “Medication error” means any error in the administration of a prescribed or over-the-counter medication, or an error in the documented administration of any medication or over-the-counter medication.

(at) “Medication order” means a document, produced electronically or in writing, for an identified child by a licensed practitioner for medications, treatments, and referrals, and signed by the licensed practitioner using terms such as authorized by, authenticated by, approved by, reviewed by, or any other term that denoted approval by the licensed practitioner.

(au) “Monitoring visit” means “monitoring visit” as defined in RSA 170-E:2, X.

(av) “Night care agency” means “night care agency” as defined in RSA 170-E:2, IV(e). This term includes “night care program”.

(aw) “Over-the-counter medications” means non-prescription medications.

(ax) “Permit” means “permit” as defined in RSA 170-E:2, XI.

(ay) “Policy” means a formal written document outlining the procedures for implementation of requirements specified in this chapter.

(az) “Preschool program” means “preschool program” as defined in RSA 170-E:2, IV(f).

(ba) “Program” means any or all of the following types of child day care agencies providing care on or off the approved licensed premises:

(1) Infant and toddler program;

(2) Family child care program;

(3) Family group child care program;

(4) Group child care center;

(5) Night care program;

(6) Preschool program;

(7) School age program; and

(8) Small child care center.

(bb) “Program manager” means a family child care provider, child care manager, center director, agency administrator, site coordinator, or site director who has the authority to submit applications, waiver requests, corrective action plans, and any other executive actions required or identified in this chapter.

(bc) “Project leader” means a person who is engaged in a New Hampshire licensed child care program, who meets the age, education, and experience requirements specified in He-C 4002.34(s).

(bd) “Qualified substitute director” means a person who assumes the responsibilities of a center director or site director and who meets the age, education, and experience requirements of the position for which they are substituting in order to meet the requirements under He-C 4002.34(a) and (b).

(be) “Regularly” means “regularly” as defined in RSA 170-E:2, XII.

(bf) “Related coursework” unless otherwise specified, means courses completed at an accredited college or university in child growth and development, lifespan development, human growth and development, infant and toddler development, developmental psychology, family studies, early childhood, elementary, and special education, and any other coursework focused on children.

(bg) “Repeat citation” means a citation of a specific licensing rule or law for which the program has been previously cited during the past 3 years, and which has not been removed as a result of an informal dispute resolution or overturned as a result of an adjudicatory procedure. A repeat citation does not need to include the same set of circumstances, or involve the same child care staff or the same child or children as in the original citation.

(bh) “Rough handling” means an aggressive physical act against a child, except when necessary to protect a child from harming themselves or others.

(bi) “Sanitize” means to clean to remove all organic material then wipe down or wash with a solution of chlorine bleach and room temperature or cool water which is mixed fresh daily per manufacturer’s directions for sanitation and left on the surface for 2 minutes or with an environmental protection agency (EPA) approved germicide designed to kill germs and which, when used in accordance with manufacturer’s directions, does not pose a health or safety risk to children.

(bj) “School-age program” means “school-age program” as defined in RSA 170-E:2, IV(g).

(bk) “Serious injury” means an injury to a child that requires medical treatment or hospitalization.

(bl) “Serious safety risk” means behavior of such intensity, frequency, or duration that the safety of the child or others is placed in jeopardy.

(bm) “Site coordinator” means a person who is qualified as a site director and is employed to oversee multiple school age program licenses by a single applicant or licensee.

(bn) “Site director” means a person who is employed in or is seeking employment in a New Hampshire licensed child care program, who meets the age, education, and experience requirements specified in He-C 4002.34(p).

(bo) “Small group child day care center” means “small group child day care center” as defined in RSA 170:E:2, IV(i). This term includes “small child care center”.

(bp) “Statement of findings” means a written report issued by the department which details the findings of a visit or an investigation conducted by the department.

(bq) “Substitute” means a person who assumes the responsibility of assistant teacher, associate teachers, lead teachers, or group leaders, on a temporary basis, who meets the age requirements of the position for which they are substituting.

(br) “Toddler” means a child over 12 months to 35 months old, except as referenced in He-C 4002.36.

(bs) “Topical substances” include, but are not limited to, non-prescription medications such as sunscreen, insect repellent, teething aids, and diaper ointments.

(bt) “Unit” means the child care licensing unit within the department.

(bu) “Water activity” means any activity during which children have access to or use of splashing pools, wading pools, and swimming pools with or without slides, and other similar bodies of water including ponds, rivers, lakes, and the ocean, and excluding water tables and sprinklers.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. He-C 4002.02 Licensure and Approval: Initial Applications, License Renewal, and Revisions {#sec-he-c-4002.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.02}

(a) Any person or entity who intends to operate a program shall create an account in “New Hampshire Connections Information System (NHCIS)” at https://new-hampshire.my.site.com/nhccis/s/login/?ec=302&startURL=%2Fnhccis%2Fs%2F or obtain an application packet from the unit.

(b) All new applicants for licensure shall complete and submit an application by either applying online via the portal described in (a) above or by submitting to the department:

(1) An “Application for Family Child Care Program” (August 2025) certifying that:

I understand that the department may delay its decision to approve or deny this application pending the outcome of any investigation, when the applicant, owner, or family child care provider, are named as the perpetrator in any current investigation of any crime, or in an allegation of abuse or neglect;

I have read the NH child care program licensing rules, and understand that failure to maintain my program in compliance with the rules, may jeopardize my license/permit and/or result in fines being assessed by the department;

I authorize any police department, court system or human service agency in this or any other state to release copies of any criminal records or child abuse or neglect records to the department; and

All information provided as part of this application and in the required attachments is true and complete to the best of my knowledge.”; or

(2) An "Application for Child Care Center" (August 2025) certifying that:

I understand that the department may delay its decision to approve or deny this application pending the outcome of any investigation, when the applicant, owner, center director, site coordinator, or site director, are named as the perpetrator in any current investigation of any crime, or in an allegation of abuse or neglect;

I have read the NH Child Care Program licensing rules, and understand that failure to maintain my program in compliance with the applicable rules, may jeopardize my license/permit and/or result in fines being assessed by the department;

I authorize any police department, court system or human service agency in this or any other state to release copies of any criminal records or child abuse or neglect records to the department; and

All information provided as part of this application and in the required attachments is true and complete to the best of my knowledge.”

(c) The applications in (b) above shall not be considered complete until the department receives all of the information as specified in (e) below.

(d) Center based programs with multiple buildings on the same or contiguous properties may apply for a single license via one application for those buildings provided that:

(1) The buildings are on a single, site-specific address;

(2) There is a system or procedure in place so staff in each building can quickly and easily communicate with staff in the other buildings, thereby allowing the multiple buildings to function efficiently as a single program;

(3) Staffing requirements for center-based agencies with multiple buildings are met as specified in He-C 4002.34; and

(4) In each building, there are adequate square footage and bathroom facilities for the number of children who will be cared for, in accordance with He-C 4002.21.

(e) Except as specified in (f) below, the applicant for a new license shall submit to the department the following with the application:

(1) A “Child Care Personnel Health Form” (August 2025) or an equivalent record of a health screening for the program manager, completed by a licensed practitioner no more than one year prior to the date the department receives the application, certifying that the program manager has no apparent health problems that would prohibit their employment caring for children, and an authorization by the program manager for the licensed practitioner to release the medical information on the form to the child care program and the child care licensing unit;

(2) Written approval from the local health officer documenting that, within the 12 months immediately preceding the date the department receives the application, the premises have been inspected and approved by a local health officer, for operation as a program;

(3) Written approval from the local fire inspector that, within the 12 months preceding the date the application for licensure is received by the department, the premises have been inspected for compliance with Saf-FMO 300 and RSA 153:1 VI-a, by the local fire department or the state fire marshal’s office, and approved to operate as a program;

(4) Documentation from the applicable town or city that the program has been granted zoning approval or that no zoning approval is required;

(5) Background check forms as specified in He-C 4002.40 for:

a. The owner or applicant;

b. All household members aged 12 years and older; and

c. The program manager;

(6) Verification from the New Hampshire secretary of state that the applicant is in good standing;

(7) A diagram of the indoor and outdoor space for each building, which includes:

a. For indoor space:

Room dimensions;
Location of exits;
How each room will be used;
The location of bathrooms and bathroom fixtures, such as toilets and sinks;
The location of other handwashing sinks; and

b. For outdoor play space:

The overall dimensions of outdoor play space;
The location of exits, gates, and stationary play equipment;
The location of the outdoor play space in relation to the indoor space; and
The presence of and location of any pools, ponds, streams, rivers, streets, roads, or other hazards that are in close proximity; and

(8) In accordance with RSA 130-A:5-d, II, certification of lead safety for new applicants in buildings erected prior to January 1, 1978.

(f) In accordance with RSA 170-E:6, school-age programs operating in buildings in which public or private schools are located shall not be required to submit the documentation required in (e)(2) through (4) or (8) above.

(g) For all programs, the applicant shall submit documentation that the program manager meets the age, education, and experience requirements for the applicable program type(s) as specified in He-C 4002.33 and He-C 4002.34, such as copies of transcripts, certificates, diplomas, a non-expired NH child care credential, or degrees as applicable, and a résumé or verification of previous experience if such experience is required to meet the qualifications for the position.

(h) No less than 3 months prior to the expiration date of the current license, applicants for license renewal shall submit to the department the following through the “NHCIS” portal at https://new-hampshire.my.site.com/nhccis/s/login/?ec=302&startURL=%2Fnhccis%2Fs%2F or by using the forms below:

(1) A signed and completed application “Application for Family Child Care Program” (August 2025) or "Application for Child Care Center" (August 2025) for license renewal, in accordance with He-C 4002.02;

(4) Verification from the New Hampshire secretary of state that the applicant is in good standing;

(5) A completed “Staff and Household List” (August 2025) or updated staff roster in NHCIS; and

(6) A diagram of the indoor and outdoor space if changed since the previous application.

(i) Upon receipt of a complete license application and inspection by department staff, the department shall:

(1) Issue a 6-month permit to the applicant for a new applicant; or

(2) Issue a 3-year license to the applicant for a license renewal.

(j) The license issued in accordance with (i) above shall reflect the maximum number of children approved by the local fire inspector, health officer, and zoning officials, and in accordance with the available floor space as measured by the department in accordance with He-C 4002.21(c) and (d) and the number of available toilets and sinks in accordance with He-C 4002.21(b).

(k) In accordance with RSA 541-A:30, I, if a timely and sufficient application has been made in accordance with agency rules for renewal of a license for any activity of a continuing nature that does not automatically expire by law, the existing license shall not expire until the agency has taken final action upon the application for renewal.

(l) The license or permit shall:

(1) Not be transferable to a new owner or to a new location; and

(2) No longer be valid when:

a. The licensee has surrendered a license or permit;

b. The license has expired and a complete application form with attachments has not been received by the department; or

c. The license or permit has been revoked or suspended and:

The licensee did not request an administrative hearing; or
The licensee requested an administrative hearing and, following that hearing, a decision was issued upholding the revocation or suspension.

(m) The licensee shall apply for revision of the license:

(1) When they wish to add additional program types or change the type(s) of program for which they are licensed or permitted; or

(2) Prior to moving to a new location.

(n) A licensee who wishes to increase their license capacity shall:

(1) Submit a written request to the department;

(2) Obtain approvals from the local fire inspector, health inspector, and zoning officials, when the increase exceeds the limits established in the current approvals;

(3) Submit diagrams of indoor and outdoor space, in accordance with He-C 4002.02(d)(7), if there have been changes in the child care space; and

(4) Not increase enrollment beyond the current license capacity until the department issues the program a revised license or permit or other written authorization by the department for the increased license capacity.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. He-C 4002.03 Time Frames for Departmental Response to Applications {#sec-he-c-4002.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.03}

(a) Pursuant to RSA 541-A:29, the department shall approve or deny an application, petition, or request within 60 days from receipt of the application, petition, or request and any additional information requested by the department.

(b) The 60 days for departmental response specified in (a) above shall begin on the date on which all requested information is received by the department.

(c) For license renewal applications, any outstanding corrective action plan for citations of rule or statute shall be considered additional information under (a) above.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08 (from He-C 4002.04); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.12); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. He-C 4002.04 Waivers of Rules {#sec-he-c-4002.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.04}

(a) Applicants or licensees who wish to request a waiver of rules shall contact the unit to initiate the waiver request process.

(b) Applicants or licensees with a “NHCIS” portal account shall request a waiver through their account or by providing a completed “Waiver Request Form” (August 2025).

(c) A waiver shall be granted to the applicant or licensee if the department determines that the alternative proposed by the applicant or licensee:

(1) Meets the objective or intent of the rule; and

(2) Does not negatively impact the health, safety, or well-being of the children.

(d) When a waiver is approved, the applicant or licensee’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.

(e) The department shall not approve any request for a waiver of any of the provisions of RSA 170-E or of any rules of other state agencies.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.05); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.03); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. He-C 4002.05 Program Administration, Requirements for Reporting to the Unit, and License and Permit Requirements {#sec-he-c-4002.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.05}

(a) The program shall:

(1) Abide by the provisions specified on the license or permit; and

(2) Not alter the license or permit issued by the department.

(b) As mandated reporters, the program manager or designee shall report to the division for children, youth, and families (DCYF) at 1-800-894-5533, if the licensee, child care staff, or other person involved with a program suspects that a child is being abused or neglected, in accordance with RSA 169-C:29.

(1) Prior to changing the name of the program or advertising under a new name, and provide documentation from the secretary of state, if applicable, and the date for which they want the new program name to be effective, so that the unit can issue a revised license which reflects the name change; and

(2) Within 5 business days when there is a change in mailing address, email address, or phone number.

(d) Program managers shall notify the unit in writing:

(1) Within 24 hours of any occurrence of a missing child or a child who was either inside or outside without staff supervision unless otherwise permitted in accordance with He-C 4002.19;

(2) Within 24 hours to initially report the death of a child, with a follow up report no later than 72 hours after the death, detailing the circumstances;

(3) Within 24 hours of a change of indoor or outdoor space if, due to an emergency, approved child care space cannot be used due to reasons including, but not limited to, damages which make an area unsafe for children;

(4) No later than the next business day:

a. When there is an allegation of abuse or neglect involving a child while in the care and custody of the licensee;

b. When a staff member of the program used corporal punishment on, or rough handling of, a child in care;

c. In addition to (d)(1) above, after calling law enforcement or emergency responders to the program for incidents or events involving enrolled children; and

d. When there is a motor vehicle accident involving program staff and children, or when children are involved in a motor vehicle accident during a program-sponsored trip involving a driver not employed by the licensee; and

(5) Within 30 business days if the applicant permanently discontinues using a space for child care if it affects the license capacity as reflected on the license, so that the unit can record the change in the file and revise the license accordingly if necessary.

(e) The department shall authorize a licensee to exceed its license capacity for up to a maximum of 20 workdays in a calendar year, if the department finds that the approval will not result in:

(1) More than 4 children younger than 3 years of age being cared for at the same time in a family or family group child care home or small child care center;

(2) More than 2 children younger than 24 months of age in a family child care home or small child care center, without an additional child care worker or child care assistant present and assisting in the care of the children;

(3) More than 2 children over license capacity in a family or family group child care home or small child care center;

(4) More than 4 children over license capacity in all other programs; or

(5) Health or safety risks to children.

(f) With the exception of a family child care provider, when the program manager on record with and approved by the department leaves the position, the licensee or their designee shall submit to the department:

(1) Written notice within 10 business days of the date of the vacancy; and

(2) The name and qualifications of the individual who will substitute in the role, together with documentation that the individual accepted the position.

(g) Any individual assuming the role of center director or site director on a temporary basis who is not qualified for the position in accordance with He-C 4002.34 shall serve in that role for not more than 120 consecutive days.

(h) Not more than 120 consecutive days after the date the qualified center director or site director previously on record with and approved by the department leaves the position, the program shall:

(1) Replace that individual with a fully qualified center director or site director; and

(2) Submit to the department information and documents for the new qualified center director or site director, including:

a. Name;

b. The effective hiring date;

c. Documentation of education and experience as specified in He-C 4002.34; and

d. A “Child Care Personnel Health Form” (August 2025) or an equivalent record of a health screening, as specified in He-C 4002.02(d).

(i) When an agency administrator or site coordinator leaves their position, the program shall:

(1) Replace them with a new agency administrator or site coordinator within 120 days and submit information as specified in (h)(2) above; or

(2) Submit information in (h)(2) above for each center director or site director at each location if the agency administrator or site coordinator position will not be filled.

(j) In accordance with RSA 170-E:6-b, each licensee shall either maintain liability insurance or provide disclosure to parents or guardians at enrollment of their child that the program is uninsured.

(k) All documentation required by the department, whether maintained by the program in electronic or paper format, shall be complete, legible, and available for review by the department upon request.

(l) The licensee shall maintain a child’s records on file at the program or keep them readily available for 2 years after the child’s last day of enrollment in the program.

(m) The licensee shall maintain the following documentation on file at the program or keep the documentation readily available for at least one year:

(1) Staff records;

(2) Staff and child attendance records;

(3) Field trip permission slips;

(4) Emergency operations plan (EOP) practice drills; and

(5) Monthly fire drills.

(n) The program manager or designee shall submit any reports or make available to the department any records or information required by the department for investigation, monitoring, or licensing purposes upon written request from the department.

(o) The applicant, licensee, or any child care staff shall not:

(1) Prevent, interfere with, or fail to cooperate with any inspection or investigation conducted by the department; or

(2) Falsify any documents, other written information, or reports issued by or required by the department under He-C 4002.

(p) Programs shall comply with all applicable local, state, and federal ordinances, rules, and laws.

(q) A licensee who has an unplanned temporary closure shall notify the department of such closure as soon as practicable.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.06); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. He-C 4002.06 Statements of Finding and Corrective Action Plan {#sec-he-c-4002.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.06}

(a) The department shall issue a statement of findings to the program for each licensing and monitoring visit, and each investigatory visit which results in one or more citations.

(b) The department shall not require a corrective action plan as specified in (f) below when:

(1) The department determines that all the following conditions are met:

a. The citation is under He-C 4002.22, He-C 4002.23, or He-C 4002.24;

b. The citation is not a repeat citation;

c. The citation is corrected prior to or immediately during the visit;

d. The citation is not a New Hampshire state fire code violation; and

e. The citation does not immediately jeopardize the health, safety, or well-being of a child or children in care; or

(2) The program manager self-reports the non-compliance, which includes the corrective action already taken to correct the non-compliance, and the department determines that the corrective action taken is acceptable for correcting the non-compliance.

(c) At the close of any visit or when an investigation is concluded, or as soon as possible thereafter, the department shall review with the program manager or their designee, a summary of any citations of rules found during the visit.

(d) Within 21 calendar days of the visit review in (c) above, and in accordance with RSA 170-E: 10, III, the department shall provide the statement of findings via email, if a valid email address has been provided by the program, by uploading to the program’s NHCIS portal, if applicable, or by U.S. mail if an email address has not been provided.

(e) The program shall not alter the statement of findings issued by the department.

(f) The program manager shall complete a corrective action plan for each citation included on the statement of findings, which shall include:

(1) The action the program has taken or will take to correct the citation(s);

(2) The steps the program will take to ensure compliance with these rules and the applicable statutes in the future;

(3) The date by which each of the citations was corrected or will be corrected;

(4) The interim measures the program has implemented to protect the health and safety of children, when the citation cannot be corrected immediately; and

(5) The signature of the program manager if not submitted via NHCIS.

(g) The program manager shall complete and submit corrective action plans, excluding the names of individuals, within 21 days of the date of issuance.

(h) In addition to the corrective action plan, the program may submit a separate response to the department's findings. The response shall be posted with the corrective action plan on the website, in accordance with RSA 170-E:10, II and III.

(i) When the department determines that there is an imminent threat to the health, safety, or well-being of children, it shall issue a directed corrective action plan to the program, without first offering the program an opportunity to complete a corrective action plan.

(j) When the corrective action plan submitted to the department by the program is not acceptable for correcting the citation, the department shall:

(1) If submitted via NHCIS, respond with an explanation as to why the plan is not acceptable or incomplete, after which the program manager shall modify their corrective action plan accordingly and resubmit it to the department via NHCIS; or

(2) If submitted via email, respond via email with an explanation as to why the plan is not acceptable or incomplete, after which the program manager shall modify their corrective action plan accordingly and resubmit it to the department via email.

(k) Programs shall comply with approved corrective action plans and directed corrective action plans.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.07); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. He-C 4002.07 Informal Dispute Resolution and Independent Informal Dispute Resolution {#sec-he-c-4002.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.07}

(a) An informal dispute resolution (IDR) shall not be an option for any applicant or licensee against whom the department has initiated a fine, a conditional license, or action to suspend, revoke, deny, or refuse to issue or renew a license or permit.

(b) An opportunity for IDR shall be available to the licensee who disagrees with a citation issued by the department, per RSA 170-E:10-a.

(1) Submit a written notice to the department requesting an IDR no later than 14 days from the date of issuance of the statement of findings; and

(2) Include in the notice the reason why the licensee believes that the citation was issued erroneously as noted in the statement of findings.

(d) In accordance with RSA 170-E:10-a, written notice of the department’s decision to uphold, remove, or revise the citation shall be provided to the licensee within 30 days from receipt of the request and receipt of all information from the applicant or licensee.

(e) Licensees may request an independent informal dispute resolution (IIDR) after requesting an IDR and the outcome does not result in removal or revision of the disputed citation.

(f) When requesting an IIDR, the licensee shall submit a written request to the department no later than 10 days of receipt of the outcome of the IDR.

(g) The IIDR panel members shall include at least one member of the Child Care Advisory Council and no less than 3 licensed child care providers.

(h) The IIDR panel shall communicate its recommendations in writing to the department within 5 days of the IIDR review, which shall include each citation disputed and a detailed explanation for each recommendation.

(i) The unit shall review the recommendations and remove the citations if the following conditions are met:

(1) The evidence presented at the IIDR existed prior to the citation being issued;

(2) There is a preponderance of evidence that the non-compliance cited did not occur; and

(3) The evidence presented creates a change in material fact(s) that results in a rescission or

revision of a citation.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.08); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 402.11); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. He-C 4002.08 Staff and Child Attendance Records {#sec-he-c-4002.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.08}

(a) The program shall have a record of each child’s attendance in each room that:

(1) Documents each child’s daily arrival at and departure from the program, in real time; and

(2) Is recorded all in one place, in a manner that reflects the number of children present in each room throughout the day.

(b) In addition to the requirements in (a) above, the program shall include or have the date of birth immediately available for each child listed on the child attendance record.

(c) The program shall have a record of daily staff attendance, including the staff’s full name, scheduled work hours, their position as identified under He-C 4002.34, and their arrival and departure times at the program and in each room or group throughout the day, as applicable, recorded in real time by the staff.

(d) The staff attendance record shall be recorded all in one place, in a manner that reflects the staff present in each room throughout the day.

(e) The only exception to (c) above is staff shall not be required to sign in and out for breaks lasting fewer than 15 minutes when the staff remains in the building, or to conduct necessary tasks on the premises.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.09); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. He-C 4002.09 Staff Record Requirements {#sec-he-c-4002.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.09}

(a) The program shall maintain on file for each staff member, whether paper or electronic:

(1) Documentation of the staff’s qualifications, including required work experience and education, which demonstrates that they meet the qualifications for their position;

(2) Documentation of a completed background check in accordance with He-C 4002.40;

(3) A record of initial health screening upon hire, in accordance with (b) below;

(4) Documentation of orientation, certifications, training, and professional development, as applicable; and

(5) Documentation of supervision regarding disciplinary actions or investigations specific to the staff member.

(b) A written record of a health screening for all child care staff, household members, and other individuals who work with children in the classroom and who have 5 or more hours per week of contact with children shall:

(1) Be on file at the program and available for review by the department within 60 days of the date of hire or the date the household member or individual begins working with children in the classroom for 5 or more hours per week; and

(2) Include, at a minimum, the information on the “Child Care Personnel Health Form” (August 2025) provided by the department, or its equivalent.

(c) The only exception to (b) above shall be for child care staff working in school age programs who are currently employed in a public or private school.

(d) The initial record of the health screening for newly hired child care staff shall:

(1) Have been completed not more than 12 months preceding the date of hire or the date the individual began working with children in the classroom for 5 or more hours per week; and

(2) Include a statement by the health care provider that indicates the individual has no apparent health conditions that would prohibit or inhibit their ability to care for children.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.10); ss by #9605, eff 11-26-09; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. He-C 4002.10 Child Record Requirements {#sec-he-c-4002.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.10}

(a) Program managers shall ensure that for each child there is a “Child Care Registration and Emergency Information” (August 2025) form, completed by the parent or guardian, or an equivalent form on file on the child’s first day in attendance, in accordance with (b) below.

(b) The equivalent form allowed pursuant to (a) above shall include:

(1) Full legal name of the child;

(2) Child’s date of birth;

(3) Child’s physical address and mailing address;

(4) Child’s home telephone number;

(5) Date of enrollment in the program;

(6) The name, physical address, and mailing address of the parent(s) or guardians responsible for the child, if different from the child’s address;

(7) Telephone numbers for the child’s parents or guardians and instructions as to how the parents or guardians can be contacted during the hours that the child is at the program;

(8) Email addresses for the parents or guardians, if available;

(9) Name and telephone number of at least one person who will assume responsibility for the child if, for any reason, the parents or guardians cannot be reached immediately in an emergency;

(10) Any chronic conditions, allergies, or medications in case of sudden illness or injury;

(11) Written parental or guardian permission for first aid treatment;

(12) Written parental or guardian permission for emergency medical transportation and treatment; and

(13) Names and telephone numbers of any person(s) other than parents or guardians who are authorized to remove the child from the program.

(c) The program shall ensure each child’s registration and emergency information form or an equivalent form contains the following statements:

(1) “The licensing authority for this program is the child care licensing unit (CCLU) within the bureau of licensing and certification in the department of health and human services. Child care programs are required to post a copy of the most recent statement of findings (SOF) and the corresponding corrective action plan (CAP) in a location which is accessible to parents, and programs must maintain copies of the most recent SOF with CAP and make them available for parents to review upon request. SOFs and CAPs are also available on-line at: https://new-hampshire.my.site.com/nhccis/NH_ChildCareSearch or by contacting the unit at cclunit@dhhs.nh.gov or 603-271-9025.

WHAT WE DO: The CCLU regulates and oversees child day care programs for compliance with licensing rules. A licensing coordinator conducts a yearly, unannounced monitoring visit at every program, as well as an unannounced visit prior to the expiration of a license every three years. CCLU also investigates allegations of non-compliance with licensing rules. Information about CCLU can be found on our website: https://www.dhhs.nh.gov/programs-services/childcare-parenting-childbirth/child-care-licensing.

CONVERSATIONS WITH CHILDREN – MONITORING VISITS: During routine monitoring visits, the Licensing Coordinator (LC) informally speaks with children to ask general questions about their day-to-day experiences in the child care program, using developmentally appropriate speech and language. The conversations and interactions take place while children are engaged in their daily routine with their class or group. At no time will a child be forced to speak with a LC.

CONVERSATIONS WITH CHILDREN – COMPLAINT INVESTIGATIONS: During visits to investigate a complaint, if the LC believes your child may have relevant information, and that it would be best to interview your child separately, away from their class or group, the LC will ask the classroom staff which children they may interview, based upon your choice below. If you wish to be notified prior to an LC speaking with your child, the LC will contact you for permission to speak with your child either at the program but away from the group, or arrange a date, time, and location with you to speak with the child. If you approve the on-site conversation with your child, the LC will ask staff to recommend a place in the program. The LC will introduce themselves, ask your child their name, and explain that their job is to make sure child care programs are safe. The LC will ask your child if they want to talk to the LC about their child care. The LC will ask open-ended, non-leading questions, and at no time will your child be forced to speak with the LC.

The LC will ask children questions such as: routines for snacks/lunch, handwashing, outdoor play, the rules, what happens when a child breaks a rule, rest/nap, fire drills, and what they like/dislike about child care.

Based upon the information above, please indicate your preference:

a. I give permission for child care licensing staff to speak with my child while with their class or group;

b. I give permission for child care licensing staff to interview my child at the child care program separate from their class or group;

c. I wish to be notified prior to child care licensing staff speaking with my child at the child care program separate from their class or group; and

d. I do not give my permission for child care licensing staff to speak with my child while with their class or group.”; and

(2) “I hereby give permission for the staff of _______________________ to provide simple first aid treatment to my child, _________________________ when necessary. In the event of a more serious illness or injury, I give permission for my child to be transported to a hospital or other emergency medical facility to receive emergency medical treatment. I also authorize ambulance/rescue squad attendants to administer such treatment as is medically necessary, and I authorize licensed health care practitioners working in the hospital or emergency medical facility to examine and provide emergency medical treatment to my child if warranted. I understand that I will be contacted by child care program personnel as soon as possible regarding any emergency involving my child.”

(d) The program shall request and maintain on file for each child documentation of immunizations in accordance with RSA 141-C:20-a, RSA 141-C:20-b, and He-P 301.14.

(e) The documentation described in (d) above shall be on file on the first day the child is in attendance at the program or, pursuant to 45 CFR § 98, 41(a)(1)(i)(C), for children experiencing homelessness or for children in foster care within 60 days of the first date of attendance, to allow families or persons responsible for their care to obtain and provide documentation of immunizations.

(f) Exemptions from the immunizations required under (d) above shall be in accordance with RSA 141-C:20-c.

(g) The program shall obtain and maintain on file a child health screening form “New Hampshire Early Childhood Health Assessment Record” (August 2025), the first part completed and signed by the child’s parent or guardian, and the second part completed and signed by the child’s licensed practitioner,, or an equivalent record of physical examination, providing the following permission to exchange information:

“I_______________________, authorize and request my child’s primary car provider to exchange information about my child’s health and development as pertains to this form with the program/school listed below. The information may be provided by phone, fax, mail, or in person. I understand that the disclosed information will be considered confidential and will be used only for the health and educational benefit of my child and family. Except as needed to comply with federal and state regulations, it will not be re-disclosed to any other person, school, or agency without my consent. I understand that this form will expire in one year unless I choose to cancel my permission in writing before that time.”

(h) The child health screening form shall be available for review by the department for each child no more than 60 calendar days after the date of admission.

(i) Programs shall not be required to obtain physical examination records for children whose parents or guardians object in writing, on the grounds that such physical examination is contrary to their religious beliefs.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.11); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. He-C 4002.11 Children Who Are Ill {#sec-he-c-4002.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.11}

(a) Child care staff shall observe each child, each day upon arrival and throughout the day for injuries and symptoms of illness which:

(1) Impair or prohibit the child’s participation in the regular child care activities; or

(2) Require more care than child care staff are able to provide without compromising the health and safety of the ill or injured child, or the other children in their care.

(b) Child care staff shall provide any child who is ill an opportunity to rest or an opportunity to do a quiet activity in a comfortable, supervised area, including areas not regularly considered child care space, such as offices, provided the space is safe for children to occupy, until parents or guardians arrive to remove the child from the program.

(c) The program manager or designee shall notify a child’s parent or guardian immediately upon determining the need to remove their child from the program due to illness.

(d) The program manager or designee shall contact the bureau of disease control and prevention for instructions in accordance with the following:

(1) When child care staff or children in the program have symptoms of or are known to have a communicable disease to determine whether the ill individual is required to be excluded from the program; and

(2) To determine reporting requirements in accordance with RSA 141-C:7, He-P 301.03(c) and (d), and He-P 301.03(h).

(e) When any child care staff or children in the program have symptoms of or are known to have a communicable disease any spills of bodily fluids shall be immediately cleaned and sanitized as specified in He-C 4002.22(ag) and (ah).

History

#2664, eff 3-30-84; amd by #4157, eff 11-3-86; amd by #4228, eff 2-23-87; ss by #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.12); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. He-C 4002.12 Serious Injuries, Medical Emergencies, and Reporting Requirements {#sec-he-c-4002.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.12}

(a) If any child while in the care of the program sustains a serious injury, as defined in He-C 4002.01(bk), or otherwise requires emergency services as prescribed in first aid and CPR training, the program manager or designee shall:

(1) Immediately notify emergency personnel and the child’s parents or guardians; and

(2) Notify the department within 48 hours via NHCIS.

(b) The program manager or designee shall provide a written report by the next business day to the parents or guardians of the child or children that sustained a serious injury to fully inform them of the details of the incident reported in (a) above, including, if known:

(1) The name of individuals involved in, and who witnessed, the incident, while keeping the identities of other children confidential;

(2) What occurred prior to and following the incident;

(3) When and where the incident occurred; and

(4) Any action taken, or that will be taken by the program in response to the incident.

(c) The program manager or designee shall immediately notify a child’s parent or guardian if their child sustains a bump or injury to their head or face that is more than a minor injury such as a scrape or scratch, resulting in any one of the following:

(1) Excessive bruising or swelling;

(2) An increase in fussiness or sleepiness;

(3) Dizziness, clumsiness, or trouble with coordination;

(4) Nausea or vomiting;

(5) Loss of consciousness;

(6) Headache;

(7) Speech, vision, or hearing impairment; or

(8) Discharge or blood from the bump.

(d) Except as required in (b) above, when a child sustains an injury pursuant to (c) above, the program manager or designee shall provide written notification to the child’s parent or guardian as soon as possible on the date of the injury, detailing how the injury occurred, the date, time, and location of the injury, a description of the first aid treatment given to the child, and the name of the staff who administered first aid.

(e) First aid beyond cleaning a minor scrape or applying a cold cloth or an adhesive bandage, shall only be administered by staff currently certified in first aid.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.14); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. He-C 4002.13 Children With Disabilities {#sec-he-c-4002.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.13}

(a) The licensee shall accept and make reasonable accommodations to welcome and serve, or continue to serve, any child with a disability.

(b) In determining whether accommodations are reasonable and necessary, the program shall:

(1) Refer to the Americans with Disabilities Act; and

(2) If applicable, request parental or guardian release of information from professionals providing services to the child specific to the disability.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.15); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. He-C 4002.14 Required Postings {#sec-he-c-4002.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.14}

(a) The program shall post in a prominent location:

(1) The current license or permit, visible to parents or guardians, staff, and visitors;

(2) The most recent statement of findings and corrective action plan approved by the department, where it is visible to parents or guardians, staff, and visitors; and

(3) A written procedure for emergencies and managing injuries, which shall include:

a. The location of first aid supplies;

b. The location of child care registration and emergency information forms;

c. The name, address, and telephone number of the hospital to which children will be taken in case of acute emergency when parents or guardians cannot be contacted, or delay of treatment appears dangerous;

d. Instructions to dial 911 to access emergency responders;

e. The Northern New England Poison Center at 1-800-222-1222; and

f. The names and telephone numbers of emergency substitute staff; and

(4) Emergency and evacuation procedures, posted next to each exit.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.16); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. He-C 4002.15 Requirements for Written Policies and Procedures {#sec-he-c-4002.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.15}

(a) Licensees shall have and implement written policies regarding:

(1) A retention policy to prevent the suspension and expulsion of children, which includes:

a. The steps the program will take to assist the child in maintaining enrollment;

b. Ongoing communication with the parent or guardian and parent or guardian notification when the child’s enrollment cannot be maintained;

c. The responsibilities of the program in response to the child’s behaviors; and

d. Clear conditions, expectations, or steps under which the program will no longer maintain a child’s enrollment due to the child’s behaviors that pose a serious safety risk;

(2) Children’s access to and use of television, video, and electronic devices;

(3) The administration of medication to children;

(4) Excluding children when they are ill, including symptoms, and when they might return;

(5) The provision of meals and snacks, including when parents or guardians fail to send meals or snacks from home if the program does not provide meals or snacks; and

(6) The responsibility of staff and volunteers for supervision of children during field trips and water activities, which includes knowing who is in charge, the identity and number of the children they are responsible for, and the frequency of conducting and documenting head counts of children.

(b) The policy regarding a retention plan required in (a)(1) above shall only apply when addressing a child's behavior and not a parent’s or guardian's misconduct or the parent’s or guardian's failure to comply with other child care rules or laws.

(1) The conditions when the program will not operate due to inclement weather, including excessive heat, extreme cold, or when there is a severe weather alert;

(2) The expectation of parents or guardians to provide appropriate clothing according to the season and current weather conditions; and

(3) How child care staff will monitor children regarding their comfort including their warmth or signs of overheating and the action child care staff will take in response to children’s comfort related to the weather conditions.

(d) The program shall provide all written policies to parents or guardians at enrollment.

(e) In addition to the requirements for policies and procedures above, the program manager shall provide all child care staff with all policies and procedures upon hire, and ensure that they are familiar with them and comply with them, as applicable.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.18); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.16)

N.H. Code Admin. R. Ann. He-C 4002.16 Emergency Preparedness, Practice Drills, and Fire Drills {#sec-he-c-4002.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.16}

(a) Except for nature-based programs that operate solely outside, programs shall conduct fire drills in accordance with the following:

(1) Programs that operate continuously throughout the year shall conduct at least one drill each month of operation;

(2) Programs that operate only during the school year shall conduct a drill within 14 days of opening each year and monthly thereafter;

(3) Programs that operate only during the summer months shall conduct one fire drill in each month of operation;

(4) Child care staff shall conduct fire drills at varying times during operating hours, including night time hours, if applicable, to ensure that each child attending the program experiences fire drills;

(5) Child care staff shall activate the actual fire alarm system for the building for at least 2 of the required monthly fire drills required each year and use a fire alarm or smoke detector to signal all other fire drills;

(6) All children and child care staff shall evacuate the building during each fire drill; and

(7) Child care staff shall check daily attendance records to ensure that all children and staff are accounted for, after the building is evacuated.

(b) The only exception to (a)(5) above shall be for school age programs operating in a public or private school, use of the actual fire alarm system for the building shall not be required for the monthly fire drills.

(c) Programs shall complete a written record of fire drills, which shall be available for review during visits by the fire inspector and the department.

(d) The written record of fire drills required under (c) above shall include:

(1) The date and time the drill was conducted and if the actual fire alarm system was used;

(2) The exits used;

(3) The number of children evacuated and total number of people in the building at the time of the drill;

(4) The amount of time taken to evacuate the building; and

(5) The name of the person conducting the drill.

(e) The program manager or designee shall conduct a fire drill in the presence of a representative of the department or the local fire department upon request by either of those entities.

(f) Programs shall have an emergency operations plan (EOP) prior to issuance of a permit or renewal of a license.

(g) All EOPs shall include accommodations for infants and toddlers, children with chronic medical conditions, and children with disabilities or with access and functional needs and:

(1) Be created in coordination with local emergency response agencies in the community in which the program is located;

(2) Contain procedures for communication and reunification with families; and

(3) Include response actions for natural, human-caused, or technological incidences including, but not limited to:

a. Evacuation, both within the building and off-site;

b. Secure campus;

c. Drop, cover, and hold;

d. Lockdown;

e. Reverse evacuation;

f. Shelter-in-place; and

g. Bomb threat or scan.

(h) Programs that plan to resume operations after an emergency shall have a continuity of operations plan (COOP) to ensure that essential functions continue during, or resume rapidly after, a disruption of normal activities.

(i) Programs shall ensure that all staff and volunteers are trained on the EOP and response actions and are aware of the location of the plan.

(j) Upon enrollment, programs shall provide families with information from the EOP that addresses communication and reunification procedures.

(k) Programs shall conduct evacuation drills at least twice a year and dates shall be recorded and available for review pursuant to (m) below. A simulated drill is acceptable.

(l) The program manager or their designee shall practice at least 2 different components of their EOP drills, other than evacuation drills, with all staff and children each calendar year.

(m) The program manager or their designee shall record and maintain on file for review, a log of the practice drills and staff reviews required in (k) and (l) above, that include:

(1) The date and time of the drill or simulated drill;

(2) The type of drill practiced, simulated, or reviewed;

(3) The method of review or practice, such as in-person, or review of on-line training;

(4) The name of all staff and children that participated, as applicable; and

(5) The signature and date of the person conducting the drill, simulation, or review.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08 (from He-C 4002.19); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.17)

N.H. Code Admin. R. Ann. He-C 4002.17 Interactions Between and Among Adults and Children {#sec-he-c-4002.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.17}

(a) Child care staff shall regularly interact with children at their level, maintain eye contact, and, whenever appropriate, sit on the floor with them.

(b) When a child is engaging in unacceptable behavior, child care staff shall:

(1) Redirect a child’s attention to a desirable activity by providing positive guidance, positively worded directions, and developmentally appropriate explanations for limits and rules;

(2) Establish developmentally appropriate rules or limits for acceptable behavior, which are equitable, consistently applied, and developmentally appropriate;

(3) Demonstrate desired behavior and problem-solving skills and then redirect children to acceptable behavior;

(4) Arrange equipment, materials, activities, and schedules in a way that promotes desirable behavior; and

(5) Implement safe, logical, and natural consequences related to the misbehavior and enforce those consequences as soon as possible after the misbehavior has occurred.

(c) Child care staff shall use separation from the group only as a method to enable a child to regain control of themselves, and not as a punitive disciplinary technique. Child care staff shall check in with children to determine when they are ready to rejoin the group.

(d) When a child is separated from the group, they shall be able to see and hear the other children and be within hearing and vision of child care staff, except when child care staff remove a child from the classroom to a quieter area which is visible by other child care staff, to provide one-on-one attention.

(e) Child care staff and household members shall not:

(1) Abuse or neglect children;

(2) Use rough handling on children;

(3) Shake children;

(4) Use corporal punishment on children;

(5) Require children to stand or sit facing walls or corners;

(6) Shame, humiliate, threaten, or frighten children;

(7) Confine infants or toddlers in highchairs or other seating devices or equipment, which restricts their movement, as a disciplinary technique;

(8) Place or confine children in equipment that is not appropriate for their age, including but not limited to cribs, playpens, or highchairs;

(9) Withhold food from children, forcibly feed children, or discipline children for not eating;

(10) Discipline any child for toileting accidents, lapses in toileting habits, or prohibiting children from using the toilet as a form of discipline;

(11) Isolate a child as a form of discipline;

(12) Require children to rest, sleep, or go to their mat, crib, or rest area as a means of discipline, or discipline children for not sleeping or resting during naptime;

(13) Yell in anger or frustration at or in the presence of children;

(14) Use profanity or obscene language with children or among themselves where children can hear them; or

(15) Endanger a child as per RSA 170-E:4, II.

(f) The applicant, licensee, and all child care staff shall take prompt action to protect children from abuse, neglect, rough handling, and corporal punishment, including but not limited to actions in (e) above.

(g) The program manager or their designee shall immediately notify the child’s parent or guardian:

(1) After calling emergency services to report that their child died while under the care of the program;

(2) After calling the police when the program determines that their child is missing;

(3) To report any allegation of abuse or neglect involving their child while in the care and custody of the licensee;

(4) To report that their child was the victim of corporal punishment, rough handling, or other harsh treatment by child care staff;

(5) To report that their child was physically injured because they were not supervised; or

(6) To report that their child’s health, safety, or well-being was otherwise jeopardized due to a program’s non-compliance with licensing rules.

(h) The department shall notify the child’s parent or guardian if it determines that the program manager or their designee did not notify a child’s parent or guardian in accordance with the requirements in (g) above.

(i) If a child’s actions pose an imminent serious safety risk to the child or others that could result in serious bodily harm, child care staff may move the child to another area, holding the child as gently as possible and as briefly as necessary to protect the child and others.

(j) If a child has multiple incidents as described in (i) above and does not respond to techniques described in (b) above, the program manager shall, in consultation with parents or guardians, create and implement a behavior management plan which supports the retention policy pursuant to He-C 4002.15(a)(1).

(k) The program shall ensure that parents or guardians have access to the program and to their children, at any time children are in attendance and without prior notification. This requirement shall not prohibit the program from locking the doors for security purposes or checking parent’s or guardian’s identification.

(l) The only exceptions to (k) above shall be if there is a court order or other legal documentation limiting parental or guardian access.

(m) Child care staff shall not:

(1) Be impaired while on the job by any substances including, but not limited to, legally prescribed medication, alcohol, or illegal substances; and

(2) Use alcohol or illegal substances while caring for children.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.20); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.18)

N.H. Code Admin. R. Ann. He-C 4002.18 Programming {#sec-he-c-4002.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.18}

(a) Programs shall provide and implement a written schedule of typical daily activities offered to the children, which shall include opportunities for individual and group activities for each child, time for meals, snacks, sleep, or rest, and indoor and outdoor activities, and which shall be available for review by the department and parents or guardians.

(b) Program staff shall:

(1) Provide prompt attention to the individual physical needs of each child, such as diapering, toileting, feeding, sleeping, washing, and first aid; and

(2) Provide a variety of hands-on, developmentally appropriate activities, opportunities, and experiences for each child that foster and support cognitive, physical, social, and emotional development, and approaches to learning.

(c) Child care staff shall not allow children to provide care to other children, such as feeding infants, picking up infants or toddlers, changing diapers, assisting with toileting, or supervising children.

(d) Programs shall provide opportunity for at least 60 minutes daily of gross motor activity, whether inside or outside, for children, except preschools operating 5 or fewer hours per day shall provide at least 20 minutes of inside or outside gross motor activity daily.

(e) When taking children outside, staff shall assure that children are appropriately dressed for the weather conditions and shall monitor the children regularly for comfort in both hot and cold weather.

(f) Child care staff shall not allow a child to go outside when the child has a health concern as documented on their allergy care plan or as documented by the child's licensed practitioner limiting time outdoors.

(g) Child care staff shall adhere to instructions from the child's parent or guardian related to protection from sun exposure and apply sunscreen per manufacturer's instructions.

(h) Center-based programs shall not combine children younger than 24 months in a mixed age group which includes children older than 47 months, except:

(1) For time limited, specific activities, including but not limited to meals, snacks, naps, or rest time, and special occasions such as birthday or holiday celebrations or visitor presentations;

(2) When there are 17 or fewer children present in the program, including 5 children enrolled in a full day school program, and a maximum of 12 preschool children, of which no more than 4 children shall be younger than 36 months of age; or

(3) With a department approved plan for multi-age classrooms.

(i) Child care staff shall:

(1) Not confine awake infants and toddlers in restrictive equipment such as infant seats, seated infant carriers, car seats, swings, highchairs, stationary activity centers, strollers, cribs, or playpens for more than 15 minutes in any 2-hour period, unless necessary to provide for the physical safety of the infant or toddler when staff are otherwise engaged in the care of another child, such as changing a diaper or providing first aid;

(2) Allow infants and toddlers to remain in a highchair for more than 15 minutes when they are actively engaged in eating during snack or meals, in strollers for walks, or for non-ambulatory infants only, in cribs or playpens when outside;

(3) Provide stimulating activities such as age-appropriate toys or books to infants or toddlers while they are in equipment specified in (1) above; and

(4) Not leave infants or toddlers unattended in seating, carrying, or other devices placed on countertops, tables, or other elevated surfaces.

(j) Programs that are authorized by license or permit to care for children as young as 6 weeks of age may care for a child younger than 6 weeks of age for a maximum of 12 hours per week per child with prior approval from their local fire officer and notification to the department.

(k) In a family or family group child care home licensed to care for children 6 weeks of age, the restriction specified in (j) above shall not apply to the family child care provider’s own biological, adopted, or foster care infant younger than 6 weeks of age or an infant younger than 6 weeks of age who resides in the provider’s home, provided that, in doing so, it will not result in exceeding the limits specified in He-C 4002.33(m) through (o).

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.21); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.19)

N.H. Code Admin. R. Ann. He-C 4002.19 Prevention and Management of Injuries {#sec-he-c-4002.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.19}

(a) Child care staff shall supervise every child in care at all times.

(b) In center-based programs, staff shall:

(1) Know the number and identity of children in their care; and

(2) Position themselves to:

a. Be able to hear all children younger than school age at all times, continuously scan the entire environment to know where children are and what they are doing, and be able to physically respond immediately;

b. Always know the whereabouts and activities of all school age children in their care when children are briefly out of sight, such as when transitioning from one area to another or using the bathroom, and shall be able to physically respond immediately; and

c. Allow for visual supervision of all children while children are eating and shall be able to physically respond immediately to any child.

(c) The only exception to (b)(2)a. above shall be children 4 years and older may leave the classroom to use a bathroom located on the same level as the classroom, provided that child care staff are aware of each child leaving the classroom to use the bathroom and the level of the building that the bathroom is located on is used exclusively by the child care program.

(d) Video monitors shall not replace the supervision of children, except as provided for in He-C 4002.25(j) and (k).

(e) In family child care homes and small child care centers, child care staff who are working alone shall supervise children in accordance with the following:

(1) The child care staff may step away from the children to meet basic care needs throughout the day, provided that:

a. The time away is time limited; and

b. The child care staff shall always be able to hear all children preschool age and younger and be able to physically respond immediately, if necessary;

(2) The child care staff shall always know the whereabouts and activities of all school age children and shall be able to physically respond immediately;

(3) The child care staff may allow school-age children 6 years of age and older to play outside when the child care staff is inside, with written parental or guardian permission; and

(4) When children are eating, the child care staff shall be positioned to allow for visual supervision of all children and shall be able to physically respond immediately to any child.

(f) Child care staff shall not carry a child while stepping over a low wall, gate, or other similar barrier.

(g) Child care staff shall protect younger or less mobile children from accident or injury which could be caused by older or more physically active children.

(h) The program shall obtain the following documents from the parents or guardians of each child with a food allergy or other allergy, which results in a serious reaction:

(1) A written care plan that includes instructions regarding food(s) or other allergens to which the child is allergic and steps for child care staff to take to avoid the allergens; and

(2) A written treatment plan, detailing the treatment to be implemented in the event of an allergic reaction, which shall include:

a. The names, doses, and methods of prompt administration of any medications, where the medication needs to be stored in relation to the child, taking into consideration the storage requirements in He-C 4002.20(j)(2), and instructions on how to administer the prescribed medication; and

b. Specific symptoms that would indicate the need to administer one or more medications.

(i) At all times, at least one child care staff supervising a child with an allergy care plan shall have completed the training specified in He-C 4002.32(b)(5).

(j) The program manager or their designee shall notify a child’s parent or guardian when the program deviates from the planned menu as indicated on children’s allergy care plans, as applicable.

(k) With permission of the parent or guardian, the program shall post each child’s allergy care plan and treatment plan in the kitchen or food preparation area, the child's classroom, and wherever the child might have contact with the allergen(s).

(l) In the event a parent or guardian does not authorize posting of their child’s allergy care plan or treatment plan as required in (k) above, the program shall not post the plans, but ensure the plans are available in the locations in (k) above, and all staff working in those locations know where the plans are and review the plans upon entering those locations.

(m) All child care staff responsible for food preparation and food service, and all child care staff responsible for supervising children with an allergy, including staff covering breaks, shall read and familiarize themselves with the allergy care plans and treatment plans, to ensure that no child is accidentally exposed to an allergen.

(n) The program manager or their designee shall immediately notify a child’s parent or guardian in the event of a suspected allergic reaction or ingestion of or contact with a known allergen, even if a reaction did not occur.

(o) Program staff shall notify emergency services immediately whenever staff administer epinephrine (Epi-pen) to a child.

(p) Programs shall be equipped with a telephone that is operable and accessible to all child care staff during all operating hours for incoming and outgoing calls. The phone may be a cellular phone or a landline.

(q) Child care staff shall report any occurrence of a missing child to emergency services, as soon as child care staff have determined that the child cannot be promptly located on the premises of the child care program.

(r) There shall be at least one staff person present with all children during all operating hours, both on and off premises, who is trained and currently certified in pediatric cardiopulmonary resuscitation (CPR) and first aid, which shall be obtained by the American Red Cross, American Heart Association, Emergency Care and Safety Institute, National Safety Council, American Trauma Event Management, or other nationally recognized organization.

(s) CPR and first aid training as specified in (r) above may be received via correspondence or on-line, provided a skill test is required to be performed prior to becoming certified.

(t) Programs shall maintain on file, available for review by the department, copies of current CPR and first aid certificates and licenses.

(u) Programs shall have on the premises and on all field trips, a selection of non-expired first aid supplies adequate to meet the needs of the children.

(v) Programs shall store the first aid supplies required under (u) above in a portable container, in a location that is accessible by staff.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (He-C 4002.22); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.19); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.20)

N.H. Code Admin. R. Ann. He-C 4002.20 Administration and Storage of Medication {#sec-he-c-4002.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.20}

(a) For the purposes of this section, “administer” means an act whereby a single dose of a medication is instilled into the body of, applied to the body of, or otherwise given to a child for immediate consumption or use.

(b) For programs that administer medication:

(1) Only authorized staff, a registered nurse (RN), licensed practical nurse (LPN), or licensed practitioner shall administer prescription and over-the-counter medications to children, in accordance with the child’s medication order;

(2) Authorized staff shall administer only those medications for which there is a medication order provided by a licensed practitioner, and written permission from the parent or guardian; and

(3) Programs shall not accept any prescription medications that do not include a prescription label or medication order from a licensed practitioner.

(1) The child’s name;

(2) The medication name, strength, the prescribed dose and method of administration;

(3) The frequency of administration;

(4) The indications for usage of all medications to be used pro re nata (PRN), meaning when necessary; and

(5) The dated signature of the licensed practitioner for orders other than the prescription label.

(d) Medication orders for PRN medication shall include:

(1) The indications and any special precautions or limitations regarding administration of the medication;

(2) The maximum dosage allowed in a 24-hour period;

(3) The dated signature of the parent or guardian for topical substances or over-the-counter medication; and

(4) For other than the prescription label, the dated signature of the licensed practitioner for prescription medication.

(e) In the event of a medication error in the administration of medication, the family child care provider, center director, site director, or designee shall notify the child’s parents or guardians immediately.

(f) Prior to administering prescription and over-the-counter medication to any child, child care staff shall complete and document training on medication administration, as required by He-C 4002.32(b)(4), delivered by the department, a physician, RN, or LPN practicing under the direction of an APRN, RN, or physician, or online training approved by the department.

(g) Authorized staff shall complete training in medication safety and administration every year.

(h) For each child receiving medication, child care staff shall maintain medication information on file and available for review by the department, including medication orders, parental or guardian authorization to administer medication, and information regarding a child’s allergies, if applicable.

(i) Child care staff shall maintain a written record for each dose of medication administered to each child, which shall:

(1) Be completed by the authorized staff who administered the medication immediately after the medication is administered; and

(2) For each administered medication, include at a minimum:

a. The name of the child;

b. The date and time the medication was taken;

c. A notation of any medication error or the reason why any medication was not taken as ordered or approved;

d. The dated signature of the authorized staff who administered the medication to the child; and

e. For administration of a PRN, documentation shall also include the reason for administration.

(j) All medication shall be:

(1) Inaccessible to children;

(2) Stored at the temperature and conditions recommended by the manufacturer or as directed on the prescription label;

(3) Stored in a secondary container separate from food if in a refrigerator; and

(4) Labeled with the child’s name to ensure correct identification of each child's medication.

(k) Medications such as insulin, inhalers, and epi-pens shall be readily accessible to child care staff caring for children requiring such medications, to assure timely administration when needed and in accordance with parental or guardian instructions in He-C 4002.19(h)(2)a.

(l) Programs may permit school-age children to possess medications described in (k) above provided there is written authorization from the prescribing licensed practitioner and written permission from the child’s parent or guardian on file at the program.

(m) The only exception to (l) above shall be when a school-age child is with children younger than 6 years of age, insulin, inhalers, and epi-pens shall not be in the school-age child’s possession but shall be readily accessible to child care staff.

(n) All medications belonging to child care staff shall be stored separate from children’s medications in a locked area, or otherwise inaccessible to children.

(o) All prescription or over-the-counter medication shall be kept in the original containers or pharmacy packaging and properly closed after each use.

(p) Topical substances shall be labeled with ingredients and indicated use.

(q) Any contaminated, expired, or discontinued medication, whether prescription or over-the-counter, and topical substances shall be returned to the child’s parents or guardians whenever possible or, if belonging to the program, disposed of properly by authorized staff.

(r) Child care staff shall administer over-the-counter medications in accordance with the manufacturer’s instructions or written instructions from the child’s licensed practitioner.

(s) Programs that opt to obtain epinephrine devices for use in emergencies, in accordance with RSA 329:1-h, II, shall have and abide by a policy for the storage, maintenance, control, and general oversight of epinephrine devices acquired by the program, for compliance with RSA 329:1-h, III.

(t) Pursuant to RSA 329:1-h, V, programs that opt to obtain a prescription for epinephrine devices under (s) above shall designate and train authorized staff to administer epinephrine in accordance with the following:

(1) Authorized staff shall complete an anaphylaxis training program at least every 2 years, following completion of the initial anaphylaxis training program;

(3) Training may be conducted online or in person and, at a minimum, shall cover:

a. How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis;

b. Standards and procedures for the storage and administration of an epinephrine device; and

c. Emergency follow-up procedures; and

(4) The certificate of completion for the training shall be on file for review by the unit.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.23); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.18); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.21)

N.H. Code Admin. R. Ann. He-C 4002.21 Approval of Child Care Space and License Capacity: Indoors and Outdoors {#sec-he-c-4002.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.21}

(a) Prior to use for child care, all indoor and outdoor child care space shall be:

(1) Inspected and approved by the local fire inspector, in accordance with RSA 170-E:6 and He-C 4002.02(e)(3);

(2) Inspected and approved by the local health officer, in accordance with RSA 170-E:6 and He-C 4002.02(e)(2); and

(3) Inspected by the department in accordance with RSA 170-E:8, III, and RSA 170-E:9, II, and these rules.

(b) The licensee shall provide and maintain at least one toilet and one handwashing sink for every 20 children of their licensed capacity.

(c) There shall be a minimum of 35 feet of net floor area per child, inside the rooms used by children, calculated by excluding non-occupiable spaces including corridors, stairs, bathrooms, electrical or mechanical rooms, closets, and fixed equipment, which shall be subtracted from the total area to determine the net floor area.

(d) The department shall determine the license capacity by adding the number of children each room can accommodate based on (c) above, and in accordance with local fire, health, and zoning approvals.

(e) The department shall not consider common space, hallways, lockers, bathrooms, cooking areas of the kitchen, closets, or offices as child care space when determining license capacity.

(f) The program shall have space of its own, apart from other groups that might be using the facility, during the time that it operates.

(g) Programs which are in the same building with other licensed entities or programs for children that are license exempt, pursuant to RSA 170-E:3, shall:

(1) Not be responsible for or supervise any children not enrolled in the licensed program;

(2) Not allow children from the license exempt program to mix with children enrolled in the licensed program; and

(3) Not allow children from the license exempt program to share space that is being used by children enrolled in the licensed program.

(h) Programs shall not overcrowd child care space with adult-sized furniture or other items.

(i) For programs licensed before November 23, 2008, whose capacities included the use of common space as described in rules previous to that date, shall be allowed to have no more than up to 2 children over the classroom capacity, regularly assigned to each classroom, provided the common space was approved by and is on file with the department.

(j) For programs licensed before May 30, 1998, whose capacities included the use of common space as described in rules previous to that date, shall be allowed to have no more than up to 4 children over the classroom capacity, regularly assigned to each classroom, provided the common space was approved by and is on file with the department.

(k) Programs shall be equipped with an outside play area, which directly adjoins the indoor space of the facility and contains a minimum of 50 square feet of outdoor play area for each child based upon the program’s license capacity.

(l) The only exceptions to (k) above are as follows:

(1) Programs may utilize department approved outdoor play space which is located within 1/8 of a mile from the program, provided the program submits a written plan to the department showing that children can safely travel to and from the play area and the program;

(2) Programs may operate with 50 square feet of outdoor play area per child for 1/3 of the program’s license capacity, provided that no more than 1/3 of the license capacity is in the play area at one time; and

(3) Programs that operate 5 or fewer hours per day provided the curriculum includes at least 20 minutes of gross motor activities.

(m) For programs operating exclusively outdoors, the department shall determine the license capacity based on the area of outdoor space and the proposed staffing patterns as specified in these rules.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.24); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.22)

N.H. Code Admin. R. Ann. He-C 4002.22 Health and Safety Requirements for Indoor Space {#sec-he-c-4002.22 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.22}

(a) Child care staff shall ensure that the indoor space is:

(1) Safe, clean, free of clutter, and in good repair;

(2) Free from electrical hazards, such as overloaded outlets or extension cords, frayed, cracked, or crimped cords, or unprotected outlets;

(3) Well-ventilated by means of unobstructed mechanical ventilation system or open, screened window(s);

(4) Well-lit and arranged to provide clear pathways for staff and children to move about safely and to allow for the visual supervision of children by staff;

(5) Free of damp conditions which result in visible mold, mildew, or a musty odor;

(6) Free of heavy furnishings or items not secured to the wall or floor that could easily tip or are unstable;

(7) Free of fumes from toxic or harmful chemicals or materials;

(8) Free of tripping hazards, exclusive of toys and equipment when in use by children; and

(9) Free of poisonous plants.

(b) Child care staff shall ensure that potentially harmful items, including but not limited to matches, lighters, chemicals, materials labeled “harmful if swallowed,” flammable materials, sharp objects, and staffs’ personal belongings are locked or inaccessible to children.

(c) All substances labeled “harmful if swallowed” or “flammable” and all containers storing cleaning materials shall be labeled as to the contents and stored separately from food and medications.

(d) Non-toxic materials labeled “keep out of reach of children” shall only be used during a teacher-directed activity.

(e) Cords or strings long enough to encircle a child’s neck, such as cords on window blinds, curtains, or shades, shall be kept out of children’s reach.

(f) Child care staff shall ensure that the presence of pets in the program does not present a hazard to the children, including but not limited to:

(1) Reptiles, amphibians, and birds, including baby chicks and ducklings, shall not be permitted in roms or outdoor spaces regularly occupied by children;

(2) When bringing animals into a child care, staff shall supervise children when the animals are available, designated areas shall be cleaned and sanitized after animal contact, and food or drink shall not be consumed in these areas;

(3) Cages or other habitats shall be cleaned of all fecal material and sanitized on an as needed basis but no less than once per week;

(4) Staff shall wear gloves while cleaning animal cages or habitats;

(5) All staff and children shall wash hands with soap and warm running water after contact with animals or their cages or habitats; and

(6) Dogs, cats, and ferrets shall be kept clean and free of parasites, fleas, ticks, mites, and lice, and vaccinated against rabies, with proof of current vaccination on site at the program and available for review by department staff.

(g) Programs shall maintain bathroom facilities in accordance with the following:

(1) Sinks, toilets, footstools, potty chairs, and adapters shall be cleaned and sanitized at least once a day and when visibly soiled;

(2) Bathroom floors and other surfaces adjacent to toilets, including but not limited to walls, shall be cleaned and sanitized at least weekly, and when visibly soiled; and

(3) Toilet paper, individual cloth or paper towels, and liquid soap from a dispenser shall be available and accessible to children and staff.

(h) The program shall take prompt action to eliminate insects or rodents, and clean and sanitize all surfaces where there is visible evidence of their presence.

(i) Pesticides shall not be used in areas used by children while children are present, and shall be used per manufacturers’ instructions.

(j) Programs shall maintain the child care space in compliance with Saf-FMO 300 and Saf-C 6000 by not blocking exits, or evacuation routes, including doorways, hallways, and stairs that are a means of egress, and by maintaining smoke detectors in working order.

(k) The licensee shall prohibit smoking and vaping in the building anytime for center-based programs or during operating hours for family child care homes.

(l) Child care staff who smoke or vape during their breaks shall not do so in view of children or while responsible for the care of children.

(m) Child care staff who smoke or vape shall wash their hands and change into fresh clothing or remove smoke contaminated outerwear prior to working with children.

(n) There shall be adequate space for each child’s possessions, such as individual cubbies, lockers, baskets, or bins.

(o) Children’s toothbrushes shall be stored separately to air dry and be labeled with each child’s name.

(p) All windows used for ventilation shall include screens in good repair, to prevent insects from entering the building.

(q) Garbage shall be disposed of in a lined and covered container and staff shall empty trash containers daily or sooner if contents create an odor or a health risk.

(r) Stairways with more than 3 steps shall be equipped with handrails.

(s) In programs serving children younger than 3 years old, the licensee shall ensure that there are barriers placed at the top and bottom of stairwells opening into areas used by children younger than 3 years, unless prohibited by building or fire department regulations. Pressure gates at the top of stairs shall not be used.

(t) Open stairways used by children younger than school age shall have railings or banisters installed along the open or unprotected side(s).

(u) Programs shall:

(1) Have a safe, functioning heating system;

(2) Maintain a temperature of not less than 65 degrees Fahrenheit whenever children are present; and

(3) Protect children from contact with exposed heat sources, including steam and hot water pipes, and radiators, via the use of permanent screens, guards, insulation, or another suitable device that prevents children from coming in contact with them.

(v) Prior to using portable space heaters or portable radiators in child care space, programs shall obtain written approval from the local fire inspector with documentation of the approval available for review by department staff during on-site visits.

(w) All portable space heaters or radiators shall:

(1) Be inaccessible to children;

(2) Bear the safety certification of a recognized laboratory such as Underwriters Laboratory (UL) or Electro Technical Laboratory (ETL);

(3) Be placed at least 3 feet from curtains, papers, furniture, or any other flammable object; and

(4) Be installed and operated in accordance with the manufacturer’s specifications.

(x) All fuel burning stoves, including but not limited to wood, coal, pellet, or gas, when used during child care, shall:

(1) Meet applicable local and state codes with documentation of such approval available for review by department staff during on-site visits; and

(2) Be maintained in a manner that ensures the safety of all children, by use of partitions, screens, guards, or other similar barricades, as approved by the local fire official.

(y) Child care staff shall be in the room with children whenever a fireplace is in use.

(z) All working fireplaces in space used by children shall:

(1) Have a secure child-proof barrier in place at all times; and

(2) Be equipped with padding or otherwise protected if the hearth presents a hazard to children.

(aa) Guns, weapons, or live or spent ammunition shall be locked, and the key or code used to lock these items shall be stored separately and out of the reach of children.

(ab) Pursuant to 40 CFR 745, when interior surfaces of a building built prior to 1978 are in a deteriorating condition, including but not limited to flaking, chipping, and peeling paint, or are subject to renovations or construction, the licensee shall utilize a U.S. Environmental Protection Agency certified Renovation, Repair, and Painting (RRP) contractor, in accordance with 40 CFR 745.90(a) and (b) and He-P 1600.

(ac) In addition to (ab) above, until the deteriorated surfaces can be made intact, the program shall provide the department with a plan, in writing, that ensures children will not have access to those surfaces and includes the expected date of completion of the work.

(ad) Construction, remodeling, or alteration of structures during child care operations shall be done in a manner as to prevent exposure of children to hazardous or unsafe conditions including, but not limited to, fumes, dust, construction materials, and tools which pose a safety hazard.

(ae) When there is information or evidence indicating that the building might contain asbestos hazards, programs shall submit evidence that the building has been inspected by a licensed asbestos inspector and is free of asbestos hazards or submit a plan of action to reduce or eliminate any existing contamination to be approved by the department.

(af) When there is information indicating that the building or water supply might contain radon hazards, programs shall submit evidence that the building has been inspected by a licensed radon inspector and is free of radon hazards or submit a plan of action to reduce or eliminate any existing contamination to be approved by the department.

(ag) Child care staff shall immediately clean and sanitize spills of bodily fluids using soap and water and then disinfectant.

(ah) Child care staff shall:

(1) Wear non-porous gloves when cleaning bodily fluid spills;

(2) Place soiled clothing in a plastic bag, tied securely and return the items to the child’s parent or guardian at pick up;

(3) Dispose materials contaminated by bodily fluids in a plastic bag with a secure tie or in covered, plastic bag-lined, hands-free receptacle;

(4) Clean, rinse, disinfect, wring, and hang to dry mops used to clean bodily fluids; and

(5) Immediately wash their hands with soap and running water after discarding the gloves.

(ai) Programs shall place American Society for Testing and Materials (ASTM) gymnastic standard mats under and extending at least 39 inches beyond the fall zone of all indoor swings and climbing equipment, including slides or lofts, which would allow a fall from a height of more than 29 inches.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.25); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.14); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.23)

N.H. Code Admin. R. Ann. He-C 4002.23 Health and Safety Requirements for Outdoor Space {#sec-he-c-4002.23 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.23}

(a) The play area shall:

(1) Be accessible to children with disabilities;

(2) Be appropriate for each age group served, including use of toys and equipment that is age and developmentally appropriate to the needs of the children enrolled;

(3) Provide for both direct sunlight and shade; and

(4) Be free from trash, feces, and hazardous or dangerous areas, items, or materials.

(b) Fencing shall enclose all play areas if the department determines the play area is unsafe or poses a risk of injury to children because it is located adjacent to:

(1) A street or road;

(2) A swimming pool or other body of water, including a river, pond, or stream;

(3) An active railroad track or crossing;

(4) Sharp inclines or embankments; or

(5) Any dangerous area.

(1) Have no gaps greater than 4 inches and be designed to restrain preschool children from climbing out of, over, under, or through the fence; and

(2) Either:

a. Be equipped with a child proof self-latching device on any gates leading to an entrance or egress; or

b. Be equipped with a child proof lock if the area is determined to be hazardous to children.

(d) The licensee shall protect outdoor play space located on a roof with a barrier at least 7 feet high, which children cannot climb.

(e) The licensee shall install suitable barriers, including but not limited to bulkhead doors, to prevent falls into outdoor stair or window wells.

(f) The department shall approve porches and decks before use as play areas.

(g) Porches and decks shall comply with the following:

(1) If they are more than 3 feet from ground level, there shall be protective railings in accordance with applicable building codes;

(2) Railings shall be sturdy and constructed in a way that will prevent a young child from going underneath, over, or through them;

(3) There shall be a child safety gate or other barricade on stairs whenever the porch or deck is in use by children younger than 3 years old; and

(4) The family child care provider, center director, or site director shall monitor the condition of porches and decks to ensure that there are no splinters, cracks, or protruding nails or screws, and discontinue use of the area until repairs are complete.

(h) For outdoor play equipment that would allow a child to fall from a height of more than 29 inches, programs shall:

(1) Equip and maintain the ground area under and extending at least 39 inches beyond the external limits of such equipment with an energy absorptive surface; and

(2) Utilize an energy absorptive surface, required by (1) above, that:

a. Does not present a choking hazard if used by children younger than 3 years;

b. Is checked and raked regularly to remove any foreign matter, correct compaction, and increase absorption; and

c. Is a unitary surface documented by the manufacturer in accordance with the standards of ASTM International’s “ASTM F1292 Standard Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment” (2022 edition), available as noted in Appendix B, and installed per manufacturer’s instructions or conforms with Table 4.2.1 below:

Table 4.2.1 Energy Absorptive Surface

Fall Height of

Equipment

Wood

Chips

Bark

Mulch

Engineered

Wood Fibers

Sand

Pea

Gravel

Shredded

Rubber

30 inches to 5 feet

6 inches

9 inches

6 inches

6 feet

6 inches

N/A

12 inches

6 inches

7 feet

6 inches

9 inches

N/A

6 inches

8 feet

9 inches

12 inches

N/A

6 inches

9 feet

9 inches

12 inches

N/A

6 inches

10 feet

9 inches

12 inches

N/A

6 inches

(i) To prevent injury, programs shall not:

(1) Allow children to play on equipment or structures that require energy absorptive material pursuant to (h) above when the energy absorptive material is compacted and unable to be loosened, such as when frozen; and

(2) Place infant and toddler play equipment or structures that do not require energy absorptive materials on tar, pavement, cement, or other similar materials.

(j) All fencing, balusters, handrails, and guardrails, or slats on lofts, stairways, decks, porches, or balconies that are accessible to children shall be constructed and maintained to prevent entrapment hazards.

(k) All swimming pools on the premises of the child care program and used as part of the child care operations shall be clean and maintained in accordance with the manufacturer’s or installer’s printed instructions regarding cleaning, filtration, and chemical treatment.

(l) All swimming pools on the premises of the child care program shall be inaccessible to children in accordance with the following:

(1) In-ground pools shall be enclosed by a fence with a gate equipped with a child proof, self-latching device and a lock;

(2) Above ground pools shall be enclosed by a fence with a gate which has a child proof, self-latching device and a lock, or equipped with a lockable gate, lockable swing up stairway, or other lockable barrier to prevent access to the stairs or ladders, or otherwise make the pool inaccessible to children;

(3) A pool that is directly accessible from inside the building shall have a secure, lockable barrier that meets the requirements in (1) and (2) above to make the pool inaccessible to children;

(4) Pool gates, fences, or other barriers as required in (1), (2), and (3) above shall be locked during all operating hours, except when the children are involved in a supervised water activity in the pool; and

(5) The keys, combinations, or other means to open the locks required in (1) through (4) above shall not be accessible to children.

(m) Each swimming pool shall be equipped with a ring buoy and attached rope of sufficient length to reach the center of the pool from the edge of the pool and shall be kept out of children’s reach.

(n) Wading pools shall:

(1) Be emptied and cleaned after each use;

(2) Be stored so that water does not collect in them; and

(3) Not contain water that is more than 10 inches deep.

(o) Pursuant to 40 CFR 745 when exterior surfaces of a building built prior to 1978 are in a deteriorating condition, including but not limited to flaking, chipping, and peeling paint, or are subject to renovations or construction, a U.S. Environmental Protection Agency certified Renovation, Repair, and Painting (RRP) contractor shall be utilized, in accordance with 40 CFR 745.90(a) and (b) and He-P 1600.

(p) In addition to (o) above, until such time as the deteriorated surfaces can be made intact, the program shall provide the department with a plan, in writing, that ensures children will not have access to those surfaces and includes the expected date of completion of the work.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.26); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.14); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.24)

N.H. Code Admin. R. Ann. He-C 4002.24 Learning Materials, Toys, and Equipment {#sec-he-c-4002.24 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.24}

(a) Programs shall provide toys, equipment, furniture, and learning materials that are:

(1) Age and developmentally appropriate;

(2) Of sufficient quantity and variety to meet the needs of the children cared for in the program;

(3) Available and accessible to children;

(4) Cleaned on a regular basis;

(5) Cleaned and sanitized after each use for toys or items mouthed by a child;

(6) Sturdy and safely constructed and installed;

(7) Maintained in a safe, secure, and workable condition, free from lead paint, protruding nails, splinters, rust, and other hazards that might be dangerous to children; and

(8) Used in a safe manner, in accordance with manufacturer’s instructions.

(b) Infants and toddlers in elevated seating equipment shall be secured in the equipment as instructed by the manufacturer.

(c) Child care staff shall not use any equipment, materials, furnishings, toys, or games identified by the U.S. Consumer Product Safety Commission as being hazardous.

(d) All play equipment and structures shall be free of entrapment hazards, including gaps that are between 3 ½ inches and 9 inches apart on balusters, handrails, guardrails, or slats on play structures, lofts, stairways, decks, porches, or balconies, that are accessible to children.

(e) Child care staff shall not allow children younger than 3 years of age to have access to toys, toy parts, and other materials that pose a suffocation or choking risk or are small enough to be swallowed, including, but not limited to, coins, balloons, exposed foam padding, or empty plastic bags.

(f) The only exception to (e) above for children age 24 months to 3 years shall be during teacher directed activities under direct supervision by child care staff, provided there is written parental or guardian consent on file acknowledging their understanding that the program uses small items during teacher directed and supervised activities.

(g) Infants shall not be placed in any equipment, including but not limited to stationary activity centers that require them to support their heads on their own if they have not yet acquired that ability.

(h) Baby walkers with wheels are prohibited in programs.

(i) Toy boxes accessible to children used to store any child care materials and equipment shall have a safety lid support or not have a lid.

(j) Infants shall only have access to toys with strings or cords up to 6 inches in length.

(k) Toddlers shall only have access to toys with strings or cords up to 12 inches in length, or any length for a teacher-directed activity.

(l) Except for therapeutic equipment or small trampolines intended for individual use with direct adult supervision, the use of trampolines by enrolled child care children, whether indoors or outdoors, is prohibited.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.27); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.22); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.25)

N.H. Code Admin. R. Ann. He-C 4002.25 Rest and Sleep {#sec-he-c-4002.25 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.25}

(a) Child care staff shall arrange cribs, cots, beds, mats, or playpens in a manner that ensures that:

(1) They do not block passageways and exit routes, to allow for emergency evacuation and access to each child by staff;

(2) They are spaced at least 2 feet apart while in use or separated by a solid divider on one side only, allowing for adequate supervision by staff and air circulation; and

(3) Children are placed head to toe.

(b) Programs shall ensure that each child requiring rest or sleep is provided with a sleeping bag, crib, cot, bed, or mat.

(c) Each infant 12 months of age and younger shall be placed on their back to sleep in an individual crib or play pen, unless they have demonstrated the ability to climb out.

(d) Child care staff shall discontinue using cribs or play pens with children who have demonstrated the ability to climb out of them.

(e) No crib shall be used unless manufactured on or after June 28, 2011, or if manufactured prior to that date, has a Children’s Product Certificate (CPC), or test report from the U.S. Consumer Product Safety Commission (CPSC) accepted third-party lab, provided by the manufacturer documenting the crib’s compliance with 16 CFR 1219 and 1220.

(f) Cribs and play pens required under (c) above shall:

(1) Not be stacked;

(2) Be in good repair;

(3) Not have holes or tears in the mesh walls or in the material that connects the walls to the bottom of the crib or play pen;

(4) Have tight fitted sheets designed for the size mattress that do not compress the mattress;

(5) Not have bumper pads, blankets, flat sheets, pillows, quilts, comforters, sleep positioners, or any items or toys with infants up to 12 months of age; and

(6) Have mattresses which are in good repair, free of rips or tears, and fit the crib or playpen so that the space between the mattress and crib or playpen is not more than 1 inch wide and does not create a suffocation hazard.

(g) If an infant up to 12 months falls asleep outside of their crib or play pen, including entering the program asleep in a car safety seat, staff shall immediately move the infant and place them on their back in a crib or play pen.

(h) When child care staff place infants in their crib or play pen for sleep, they shall check the infants to ensure that they are comfortably clothed and not overheated or sweaty, and that bibs and garments with ties or hoods are removed.

(i) Children older than 3 months shall not be swaddled or placed in restrictive or weighted sleep suits or devices unless there are written medical orders from the child’s primary licensed practitioner.

(j) In family and family group child care homes and small child care centers, use of an electronic monitor shall only be used to monitor sleeping children on the same level in lieu of direct supervision, in accordance with the following:

(1) There is written authorization on file from the parents or guardians of the child, indicating that they are aware of and agree to the use of the monitor;

(2) The child care staff responsible for their supervision can easily hear sounds from the monitor and respond; and

(3) Every 15 minutes, the child care staff responsible for their supervision conduct in-person checks of infants and toddlers sleeping in a crib or playpen, to ensure that each child is safe and comfortable, including a check of their faces, viewing the color of their skin and to check on their breathing.

(k) In center-based programs, use of an electronic monitor, whether only audio or both audio and visual, shall be permissible in lieu of having staff in the same room with only infants or toddlers sleeping in cribs or playpens, in accordance with the following:

(1) There is written authorization on file from the parents or guardians of the child, indicating that they are aware of and agree to the use of the monitor;

(2) The child care staff required to maintain ratio are located in an adjoining room where they can easily hear sounds from the monitor and respond; and

(3) Every 15 minutes, the child care staff conduct in-person checks of infants and toddlers sleeping in a crib or playpen, to ensure that each child is safe and comfortable, including a check of their faces, viewing the color of their skin and to check on their breathing.

(l) Blankets, sleeping bags, bedding, cots, and mats shall be stored in a manner that ensures that sleeping surfaces are not touching, or the items shall be washed and sanitized before re-use if stored in a way that sleeping surfaces are touching.

(m) All bedding shall be cleaned at least once a week and more frequently if soiled, and between uses by different children.

(n) Programs shall provide children who attend for more than 5 hours with an opportunity for at least one hour of quiet activities, rest, or sleep, in any combination to equal one hour, depending on the needs of each child.

(o) Programs shall allow children time to fall asleep and awaken at their own pace within a block of time set aside as nap or rest time.

(p) Programs shall provide children who do not fall asleep after 30 minutes with an opportunity to do a quiet activity.

(q) Child care staff shall not:

(1) Require that children who are awake stay on mats, sleeping bags, cots, or beds for more than 60 minutes; or

(2) Require children to sleep.

(r) For children 24 months through 5 years, during naptime, a center-based program may have one less staff person in a classroom than required to meet ratios in accordance with He-C 4002.35 through He-C 4002.36 provided that:

(1) The total number of child care staff required to maintain all ratios are on the premises of the program;

(2) The ratio of awake children to staff in the classroom shall be no more than half the number of children as stated in He-C 4002.35 through He-C 4002.36;

(3) Rooms in which staff is reduced shall be equipped with a two-way communication system to allow for immediate contact with other staff for assistance and response;

(4) There is a safety plan on file for review by the department, child care staff, and parents or guardians which includes plans or procedures for:

a. Evacuation;

b. Supervision;

c. Environment;

d. Schedule;

e. Naptime policy; and

f. Staff training and support;

(5) The program provides parents or guardians with written notice of the reduction of staff; and

(6) Documentation of the written notice in (5) above shall be available for review by department staff during visits.

(s) During rest and sleep, programs shall always maintain ratios for children under 24 months, in accordance with He-C 4002.35 and 4002.36, except as specified in (t) below.

(t) Ratios for children under 24 months in mixed age groups with children 24 months and older shall be based on the average age of the children in each group during naptime, in accordance with (s) above.

(u) Programs shall base the staff to child ratio on the average age of the children in each group in accordance with (t) above when there are mixed age groups in the same room.

(v) No child shall wear a necklace during nap time or during sleep, unless the necklace is fused or has a fixed knot such that it cannot be removed.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.28); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.22); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.26)

N.H. Code Admin. R. Ann. He-C 4002.26 Water Testing and Sewage Disposal {#sec-he-c-4002.26 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.26}

(a) Programs shall have a safe supply of water under pressure available for drinking and household use.

(b) Hot water shall be at least 85 degrees Fahrenheit and available at all indoor sinks during operating hours.

(c) Hot water at taps which are accessible to children shall have an automatic control to maintain a temperature at the tap of not higher than 120 degrees Fahrenheit.

(e) New applicants that have their own independent water supply shall submit with their application documentation of water test results completed not more than 90 days prior to the date of submission of the application for arsenic, bacteria, nitrate, nitrite, lead, both stagnant and flushed, copper, both stagnant and flushed, fluoride, uranium, radon, manganese, and PFAS.

(f) In addition to (d) and (e) above, programs that have their own independent water supply shall conduct ongoing water testing and maintain the results on file at the program, available for review by the health officer and the department, in accordance with the following:

(1) Once every 3 months for bacteria;

(2) Annually for arsenic, nitrate, and nitrite; and

(3) At least once every 3 years for stagnant lead, stagnant copper, fluoride, and manganese.

(g) The results of water tests required by (e) and (f) above, and results of any other water tests, shall comply with the maximum contaminant levels established in Env-Dw 700 for bacteria, nitrates, nitrites, arsenic, and fluoride, and shall not exceed the action levels established in Env-Dw 714 for stagnant copper and RSA 485:17-a for stagnant lead, and when the manganese level exceeds 0.3 mg/L, as established in Env-Or 602.03, Table 600-1, alternate water sources shall be used for infants.

(h) Any program whose water test result has exceeded maximum contaminant levels or action levels in (g) above shall immediately contact the department to report that finding and provide the department with a plan for how it will ensure that children will not be at risk from exposure to the unsafe water.

(i) Within 30 days of the date a program learns that they have failed a water test, including programs on a public water system and programs with their own independent water supply, the program shall submit to the department an acceptable corrective action plan which details what action will be taken to correct the unsafe condition of the water and a date by which that action will be complete, unless the program requests, either verbally or in writing, and the department agrees, to extend that deadline.

(j) The department shall extend the deadline in (i) above if it determines that the program can demonstrate that it has made a good faith effort to develop and submit the corrective action plan within the 30-day period but has been unable to do so, and that the health, safety, or well-being of children will not be jeopardized by granting the extension.

(k) When a program fails to submit a written proposed corrective action plan within 30 days of receiving the unacceptable test result under (g) above, the department shall initiate action to suspend the license or permit in accordance with He-C 4002.43(r) and (s), until such time as laboratory results meeting those requirements are received by the department.

(l) During all hours of operation there shall be functional sewage disposal facilities.

(m) There shall be flush toilets in working order connected to a sewage disposal system.

(n) Any program whose septic system is showing signs of failure shall immediately contact the department and the local health officer to inform them of the problem and provide an interim corrective action plan to include a timeline for repairs and how it will ensure that children will not be exposed to any risks from the failed septic system.

(o) Privies shall be permissible in lieu of, or in addition to flush toilets connected to a sewage disposal system, provided the privy complies with this section.

(p) The licensee shall obtain approval by the town health officer for use of a privy.

(q) The privy shall be constructed in accordance with Env-Wq 1022.01.

(r) There shall be running water for handwashing available and accessible inside the privy area or immediately upon exiting the privy.

(s) The contents of the pit shall be covered daily with lime or other suitable agent to eliminate insects and odors.

(t) The materials for liming and disinfection shall be kept in proximity to the privy where they are readily available for use and stored in a manner where children cannot access the contents.

(u) The privy and the pit shall be made fly-tight and provided with self-closing lids.

(v) Child care staff shall maintain the privy in clean and sanitary conditions at all times.

(w) The licensee shall maintain chemical toilets in accordance with Env-Wq 1600, which shall be pumped by a septage hauler licensed by the department of environmental services.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.29); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.27)

N.H. Code Admin. R. Ann. He-C 4002.27 Bathroom Requirements {#sec-he-c-4002.27 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.27}

(a) Prior to use, the local health officer or designee and the department shall approve portable sinks intended for use to meet any of the requirements of He-C 4002.

(b) Toilet facilities shall afford privacy appropriate to the child’s development and ability.

(d) Programs licensed to care for children younger than 3 years of age shall provide potty chairs or adult toilets with adapters.

(e) Program staff shall place potty chairs within easy access to a toilet and sink to allow child care staff to proceed to the toilet to empty the potty chair and proceed to the hand washing sink without having to open doors or gates or have physical contact with other children.

(f) Programs staff shall not place potty chairs in food preparation areas or food service areas.

(g) Program staff shall empty and sanitize each potty receptacle after each use.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.30); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.28)

N.H. Code Admin. R. Ann. He-C 4002.28 Diapering and Toilet Learning {#sec-he-c-4002.28 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.28}

(a) Programs serving diapered children and children who are not toilet trained shall have a diaper changing area, which shall be located adjacent to or in close proximity to a designated hand washing sink to allow access for hand washing without having to open doors or gates or have physical contact with other children.

(b) Children in diapers shall be changed on a non-porous, washable surface, used exclusively for diaper changing and sanitized after each diaper change.

(c) A covered, hand-free receptacle, lined with a plastic bag, shall be located within reach of the diaper changing area for disposal of soiled disposable diapers and cleansing articles.

(d) The diaper changing area shall not be in kitchens or in food preparation or food service areas, or on surfaces where food is prepared or served.

(e) In addition to the requirements in (a) through (d) above, in center-based programs the diaper changing area shall be:

(1) Located in the room where the children in diapers are cared for; and

(2) Equipped with a sink adjacent to or near the diaper changing area designated exclusively for adult and child hand washing after diaper changing or toileting.

(f) Programs shall not use a sink for hand washing after diapering or toileting if food preparation or washing dishes or eating utensils occurs in the sink.

(g) At least every 2 hours, child care staff shall check diapers or clothing to determine if they are soiled or wet, and change them if they are.

(h) During each diaper change, soiled areas of children shall be washed with single use cleansing articles such as baby wipes or soft paper towels that have been moistened with water.

(i) If an elevated diaper changing surface is used, child care staff shall remain at the elevated diaper changing surface and keep one hand on the child at all times while a child is on it.

(j) For each child there shall be a supply of clean diapers, clothing, and bedding for use as needed.

(k) Programs shall obtain written instructions from the parent or guardian for the use of non-disposable diapers, which shall include instructions for the sanitary handling, storage, and return of soiled diapers to the parent or guardian.

(l) Soiled disposable diapers and cleansing articles shall immediately be placed in a plastic bag lined, hands-free receptacle.

(m) The plastic bag containing the soiled diapers and cleansing articles shall be removed daily, securely closed, and placed outside in covered garbage cans for collection or removal at regular intervals.

(n) Covered hands-free receptacles used to dispose of diapers and cleansing articles shall be cleaned and sanitized at least once each day.

(o) Programs using a commercial diaper service shall handle soiled diapers in accordance with written instructions from the service, with a copy of the instructions available on site for review by the department upon request.

(p) Toilet learning shall be individualized, developmentally appropriate, conducted in accordance with a plan developed by each child’s parents or guardians and child care staff, and never forced.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.31); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.28); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.29)

N.H. Code Admin. R. Ann. He-C 4002.29 Handwashing {#sec-he-c-4002.29 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.29}

(a) Child care staff shall wash their hands with liquid soap and running water as needed and:

(1) After each diaper change or toileting;

(2) After handling any bodily fluid;

(3) After cleaning up or handling the garbage;

(4) After playing outdoors;

(5) Before and after eating;

(6) Before and after administering medication; and

(7) Before and during any food preparation or service as often as necessary to remove soil and contamination and prevent cross contamination when changing tasks or from raw to ready to eat foods.

(b) Child care staff shall:

(1) Teach children the importance of hand washing with liquid soap and running water; and

(2) Instruct, encourage, remind, or assist infants and children as needed throughout each day to wash their hands as necessary to comply with (a)(1) through (5) above.

(c) Sinks that are used for food preparation or clean up, including sinks used for getting water for baby bottles, rinsing bottles, or dishes, and washing toys, shall not be used for brushing teeth, hand washing after toileting, or diaper changing.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-97; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.26); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.30)

N.H. Code Admin. R. Ann. He-C 4002.30 Nutrition, Food Service, and Food Safety {#sec-he-c-4002.30 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.30}

(a) Child care staff shall assure that all food and drink served to children is:

(1) Safe for human consumption and free of spoilage or other contamination;

(2) Stored, prepared, and served in a manner consistent with safe food handling practices for the prevention of food borne illnesses, including those set forth in He-P 2300; and

(3) Stored in a way to protect it from dust, insects, rodents, overhead leakage, unnecessary handling, and all other sources of contamination.

(b) Meals and snacks provided by programs shall meet US Department of Agriculture dietary allowances.

(d) Child care staff shall:

(1) Follow individual feeding schedules provided by the parent or guardian of each child who has not reached a developmental level which enables them to eat on schedule; and

(2) Comply with dietary restrictions as requested in writing by the parents or guardians of each child, due to food allergies, religious, or philosophical beliefs.

(e) Child care staff familiar with children’s allergy action plans and known allergens shall take steps to ensure that children are not served or exposed to the known allergens.

(f) Child care staff shall not serve foods that can cause a choking hazard to children younger than 3 years of age or to children who have been identified as having chewing and swallowing difficulties.

(g) In programs serving infants and toddlers, child care staff shall:

(1) Follow individual feeding schedules provided by the parent or guardian of each child who has not reached a developmental level, which enables them to eat on schedule;

(2) Not introduce new or solid foods to any child without the consent of their parent(s) or guardian(s), and as appropriate based upon their chewing and swallowing capability;

(3) Hold infants younger than 6 months of age or who are unable to sit in feeding chairs while being fed;

(4) Not hold more than one infant at a time to bottle-feed them;

(5) Not prop bottles; and

(6) Not feed infants or children while in a crib, or while on rest mats, beds, cots, or sleeping bags.

(h) Child care staff shall dispose of, or return to the parent or guardian, milk, formula, or food unfinished by a child, as directed by the parent or guardian.

(i) Breast milk and prepared formula shall be stored in covered containers, labeled with the child’s name and dated.

(j) Breast milk shall be:

(1) Used immediately or stored in the refrigerator no longer than 4 days;

(2) Labeled as used and returned to the refrigerator after each feeding if there is any left-over in the bottle, if being returned to the parent or guardian; and

(3) Not fed to the child if left unrefrigerated for more than 2 hours.

(k) Prepared formula shall be:

(1) Used immediately or stored in the refrigerator no longer than 24 hours;

(2) Discarded if not fed to an infant and left unrefrigerated for more than one hour; and

(3) Discarded after each feeding, if there is any leftover in the bottle.

(l) Frozen breast milk shall be labeled and dated and stored in a freezer at 0 degrees Fahrenheit for no longer than 6 months.

(m) Thawed breast milk shall be used within 24 hours.

(n) Child care staff shall gently swirl the bottle of formula or breast milk to recombine the contents after warming by:

(1) Holding under warm running water;

(2) Placing in a container of lukewarm water; or

(3) A waterless warmer.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.22); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.31)

N.H. Code Admin. R. Ann. He-C 4002.31 Field Trips, Water Activities, and Transportation {#sec-he-c-4002.31 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.31}

(a) Programs that opt to allow child care staff to take children on routine or unplanned local trips, such as walks in the neighborhood, trips to the local library, or other routine errands, shall obtain a signed and dated general permission slip from each child’s parent or guardian, which specifies all approved destinations and activities.

(b) Child care staff who take the children off the premises for trips under (a) above shall call parents or guardians or post a notice at the program, informing parents or guardians of the destination and route of any unplanned trips, and the estimated time of return to the program.

(c) The program manager shall obtain a signed and dated permission slip from each child’s parents or guardians prior to allowing a child to participate in any water activities on or off the premises of the program, or any field trip off the premises of the program.

(d) The permission slip required in (c) above shall be retained by the program and available for review by the department for a minimum of 2 years after the date of the last water activity or field trip covered by the permission slip, and include:

(1) For water activities, the date(s) and destination(s) covered by the permission slip, whether the child can swim, and the child’s comfort level in or near water; and

(2) For all other field trips, the date(s), destination(s), and activities covered by the permission slip.

(e) Whenever the program provides transportation, it shall ensure that:

(1) Any vehicle used for transportation of children is legally registered and inspected in accordance with the laws of the state where the owner of the vehicle resides;

(2) The vehicle is maintained in a safe operating condition, and is clean and free of obstructions on the floors and seats;

(3) The operator of any vehicle transporting children is at least 18 years old and holds a valid driver’s license;

(4) The driver and any other attendants in the vehicle have received training in the safe transportation of children;

(5) The driver of the vehicle is alert and not distracted; and

(6) The driver of the vehicle takes attendance before and after each trip and conducts a complete vehicle inspection after every trip to ensure that no child is left alone in a vehicle at any time.

(f) Child care staff shall not permit any child to remain in any vehicle unattended by staff of the child care program.

(g) Any vehicle used to transport children, whether owned by the program, a child care staff member, or by a parent or guardian who is transporting children other than their own, shall have proof of current liability insurance.

(h) Child care staff shall ensure:

(1) The number of children riding in any vehicle does not exceed the number of persons the vehicle is designed to carry;

(2) Individual, age-appropriate child restraints or seat belts are provided for and used by each child in accordance with RSA 265:107-a, and the driver and any other adults shall use their seatbelts when transporting children; and

(3) All children remain seated when the vehicle is in operation.

(i) Child care staff shall carry on all field trips:

(1) A copy of each child’s registration and emergency information forms;

(2) A first aid kit in the vehicle whenever children are present;

(3) A copy of the parental or guardian permission slip for the field trip;

(4) A record documenting that staff accounted for each child every time they entered or exited the vehicle;

(5) All emergency and currently prescribed child medications, as applicable; and

(6) In each vehicle, a form that includes the program name, address, and phone number.

(j) There shall be a working cell phone or other mechanism for making emergency telephone calls available in each vehicle during transport.

(k) All swimming pools and wading pools on the premises of the child care program and used as part of the child care operations shall be supervised in accordance with the following:

(1) Child care staff shall supervise children at all times when they have access to wading pools that have water in them;

(2) Child care staff shall not allow children inside the wading pool, swimming pool area, or in the swimming pool without adult supervision; and

(3) There shall be at least one staff person who is currently certified in CPR and who has completed a water safety training within the previous 3 years always present with the children during any water activity, and whenever children have access to swimming pools or other bodies of water.

(l) When children are engaged in water activities, an adult who reports that they know how to swim shall always be present with children.

(m) Child care staff who are responsible for children engaged in water activities shall be able and willing to immediately respond to any child in the water who needs assistance.

(n) Lifeguards, swimming instructors, and similar individuals not employed by the program shall not be considered as staff to meet required staff to child ratios and supervision unless they are responsible only for the children participating in the field trip.

(o) The program manager shall maintain staff to child ratios and minimum staffing requirements during routine daily transportation and other routine trips such as walks in the neighborhood and trips to the local library.

(p) Center-based programs shall staff water activities in accordance with the following:

(1) For children ages 24 to 35 months the maximum group size shall be 8 children, with a ratio of one staff to 2 children;

(2) For children ages 36 to 47 months the maximum group size shall be 12 children, with a ratio of one staff to 4 children;

(3) For children ages 48 to 59 months the maximum group size shall be 18 children, with a ratio of one staff to 6 children; and

(4) For children ages 56 months and older, if licensed as a school age program, the maximum group size shall be 24 children, with a ratio of one staff to 8 children.

(q) Center-based programs shall staff field trips in accordance with the following:

(1) For children 18 months and younger the maximum group size shall be 6 children, and the ratio shall be one staff to 3 children;

(2) For children ages 19 to 35 months the maximum group size shall be 12 children, with a ratio of one staff to 4 children;

(3) For children ages 36 to 47 months the maximum group size shall be 18 children, with a ratio of one staff to 6 children;

(4) For children ages 48 to 59 months the maximum group size shall be 20 children, with a ratio of one staff to 8 children; and

(5) For children ages 56 months and older, if licensed as a school age program, the maximum group size shall be 24 children, with a ratio of one staff to 10 children.

(r) At least one child care staff or volunteer with each group of children in (p) and (q) above shall be 21 years of age or meet the qualification requirements to be alone with children.

(s) In a center-based program, the staff to child ratio and maximum group size for a mixed age group of children participating in any field trip or water activity shall be based on the age of the youngest child in the group.

(t) Center-based programs may exceed the maximum group size specified in (p) above for water activities, and (q) above for all other field trips only:

(1) During transportation to the field trip or water activity;

(2) At snack or mealtimes during the field trip or water activity; and

(3) During water activities where certified lifeguards or water safety instructors are present and exclusively supervising the water activities of the children in care of the program.

(u) In a family or family group child care home and small child care centers, for all water activities on or off the premises of the program, child care staff shall comply with the staffing requirements specified in He-C 4002.33, and the minimum staff to child ratios and staffing levels as follows:

(1) There shall be one staff member for every 2 children, 35 months and younger, and the staff assigned to this age group shall be responsible only for the children in this age group; and

(2) For children ages 3 years and older, the ratio shall be determined by the age of the youngest child in the group as follows:

a. If the youngest child is 3 years old, there shall be one staff member for every 4 children;

b. If the youngest child is 4 years old , there shall be one staff member for every 6 children; and

c. If the youngest child is 5 years of age or older, there shall be one staff member for every 8 children.

(v) Child care staff who meet the requirements of at least a group leader in a school-age program, associate teacher in all other center-based programs as specified in He-C 4002.34, or child care worker in family based programs or small child care centers as specified in He-C 4002.33 shall be designated as in charge and present during any water activity or field trip.

(w) All child care staff participating in any water activity or field trip shall be aware of the identity of the person designated in charge.

(x) At least one staff person who has successfully completed a basic water safety course within 1 year prior to the water activity shall be present during any water activity for every 12 children.

(y) Except during swimming activities conducted by a qualified swim instructor, a person certified in water safety and rescue, or a lifeguard, child care staff shall prohibit each child who cannot swim from going into water that reaches higher than their knees.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.29); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.32)

N.H. Code Admin. R. Ann. He-C 4002.32 Professional Development {#sec-he-c-4002.32 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.32}

(a) In addition to program managers, all child care staff who are responsible for the supervision of children, or who are necessary for the staff to child ratios, shall have on file documentation of completion of training in accordance with (b) below, which shall:

(1) Be completed within 90 days of the first date of employment;

(2) Be completed within 2 weeks for programs operating 3 months of the year or less; or

(3) If completed prior to employment, provide documentation of previous completion.

(b) The training required in (a) above shall include:

(1) Child care licensing orientation;

(2) Prevention and control of infectious diseases, including immunization requirements, exemptions, and grace periods as referenced in He-C 4002.10;

(3) Prevention of SIDS and use of safe sleep practices, if the program is licensed for infants 12 months and younger;

(4) Medication administration;

(5) Prevention of and response to emergencies due to food and other allergic reactions;

(6) Building and safety of physical premises, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic;

(7) Prevention of shaken baby syndrome and abusive head trauma;

(8) Emergency preparedness and response planning, including training on all required components in the emergency operations plan as specified in He-C 4002.16;

(9) Handling and storage of hazardous materials and the appropriate disposal of bio-contaminants;

(10) Appropriate precautions in transporting children for child care staff who will provide transportation or accompany children during transportation;

(11) Pediatric first aid and pediatric CPR;

(12) Prevention, recognition, and reporting of child abuse and neglect; and

(13) Child development, including cognitive, physical, social, and emotional development, and approaches to learning.

(1) Complete training on prevention of SIDS and use of safe sleep practices and prevention of shaken baby syndrome and abusive head trauma prior to working with infants 12 months and younger;

(2) Complete training on appropriate precautions in transporting children prior to transporting or accompanying children during transportation; and

(3) Complete training on medication administration prior to administering medication to children.

(d) Child care staff who have not yet completed the training in (1) through (3) below shall work under the direct supervision and observation of a staff member who has completed the following trainings:

(1) Prevention, recognition, and reporting of child abuse and neglect;

(2) Prevention of shaken baby syndrome and abusive head trauma; and

(3) Pediatric first aid and pediatric CPR.

(e) The program manager and all child care staff shall complete 12 hours of professional development within their first 12 months of hire, and annually thereafter, in accordance with the following:

(1) A minimum of 3 hours shall be in health and safety topics listed in (b)(2)-(13) above; and

(2) The remaining 9 hours shall be in any other areas listed in (o) below.

(f) Beginning on the employee’s start date, the employee shall complete the equivalent of one hour of professional development per month for the remainder of the calendar year, which may include the training in health and safety topics listed in (b)(2)-(13) above.

(g) Assistant teachers, associate teachers, group leaders, assistant group leaders, child care workers, and child care assistants shall be exempt from (e) above, if they work fewer than 25 hours per week year-round or more than 25 hours per week during school vacations, or both, for the same licensee.

(h) The child care staff exempt in (g) above shall instead obtain 8 hours of professional development annually, of which a minimum of 3 hours shall be in any of the health and safety areas listed in (b)(2)-(13) above, and the remaining hours shall be in any areas in (o) below.

(i) Child care staff attending high school or college full time shall obtain 3 hours of professional development in health and safety areas listed in (b)(2)-(13) above annually.

(j) Full time college attendance shall mean enrolled in a minimum of 12 credit hours per semester.

(k) All substitutes and any volunteer who works alone with children or is counted in staff-to-child ratios shall complete the health and safety trainings as required by (b) above and 3 hours of annual professional development in health and safety areas listed in (b)(2)-(13).

(l) Professional development shall include trainings, workshops, technical assistance, self-study, or college courses.

(m) Self-study projects shall:

(1) Not exceed 4 of the required 12 hours of professional development; and

(2) Not be utilized to obtain the professional development in health and safety requirements in (b)(2)-(13) above.

(n) Self-study projects referenced in (m) above shall:

(1) Be based on current research in child development or early childhood;

(2) Demonstrate developmentally appropriate practice;

(3) Support the knowledge and skills needed to care for young children; and

(4) Be documented and include an evaluation component.

(o) In addition to (b) above, professional development shall be in any of the following areas:

(1) Health and safety;

(2) Caring for children with exceptionalities;

(3) Nutrition;

(4) Any child care related courses sponsored or funded by the department;

(5) Indoor and outdoor learning environments;

(6) Behavior guidance;

(7) Leadership, child care administration, or mentoring;

(8) Financial management;

(9) Working with families; or

(10) Legal issues in child care.

(p) The department shall accept the following toward meeting in-service professional development requirements:

(1) Credit courses offered by a regionally accredited college or university with one credit equal to 12 hours;

(2) Non-credit courses offered for continuing education units by an accredited college or university;

(3) Conference sessions, workshops, or technical assistance presented by an individual who meets one of the following criteria:

a. Is credentialed by the department’s bureau of child development and head start collaboration, NH early childhood professional development system in accordance with RSA 170-E:50;

b. Has at least a bachelor’s degree in the subject area which they are providing professional development;

c. Meets the minimum qualifications for the position of center director;

d. Holds a professional license or certification through a professional organization relevant to the subject area which they are providing professional development; or

e. Is employed or was previously employed in a position such as a trainer, instructor, or consultant by an organization specializing in one of the areas referenced in (o) above in which they are providing professional development;

(4) Provision of training or technical assistance developed and presented live, in real time, or via live remote learning by an employee of the program or an individual hired by the program shall be in accordance with the following:

a. The training is conducted when the trainees are not responsible for children;

b. Except for classroom observations, technical assistance is provided when the subject(s) of the technical assistance are not responsible for children; and

c. Information regarding credentials of the individual, their methods, content and objective, dates and times of trainings or technical assistance, and a list of participants is on file at the program and available for review by the department to assist the department in determining that:

The individual meets the requirements specified in (3)a. through e. above; and
The training or technical assistance is designed to increase the knowledge or skills of an individual to prepare them to work with children more effectively in a program; and

(5) Online training and correspondence courses, provided documentation of completion includes:

a. The title of the training;

b. The completion date;

c. The hours awarded; and

d. A description which indicates the training is designed to increase the knowledge or skills of an individual to prepare them to work with children more effectively in a program.

(q) Unless otherwise specified on the training certificate or course description for more or fewer hours, training hours for certification in first aid shall count as 2 hours and training for certification in CPR shall count as 3 hours towards annual professional development requirements.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.33); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.30); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.33)

N.H. Code Admin. R. Ann. He-C 4002.33 Family Child Care Programs, Family Group Child Care Programs, and Small Child Care Centers {#sec-he-c-4002.33 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.33}

(a) Family and family group child care homes and small child care centers shall comply with He-C 4002.01 through He-C 4002.32 and this section.

(b) Family child care shall:

(1) Only be provided in a dwelling that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation and occupied for living purposes on a full-time basis by the family child care provider; or

(2) Be located:

a. Physically on the same property as the family child care provider’s permanent residence and such residence is a single family home;

b. In a duplex structure containing 2 independent side-by-side dwelling units and the family child care provider permanently resides in the other dwelling unit located in the duplex; or

c. In a structure with a maximum of 3 stories, with no more than one dwelling unit located on each floor level, and the family child care provider permanently resides in one of the other dwelling units located in the 3 story structure.

(c) A small group child care center shall operate in a location that is not the residence of the licensee, and shall not provide care for more than 12 children.

(d) A family child care provider shall not hold more than one family child care license.

(e) To qualify as a family child care provider or a child care manager of a small child care center, an individual shall be:

(1) At least 21 years of age; or

(2) At least 18 years of age and submit with their application documentation that they have a high school diploma or equivalent, including but not limited to General Equivalency Diploma (GED), a High School Equivalency Test (HiSet), or a Test Assessing Secondary Completion (TASC), and at least one of the following:

a. Successful completion of a 2-year child care curriculum approved by the department of education; or

b. College courses, totaling 6 credits, in child development or human growth and development, early childhood, or elementary education, or other field of study focused on children, including at least one 3-credit course in child growth and development, awarded by an accredited college or university.

(f) A child care worker shall be 18 years of age or older.

(g) A child care assistant, whether paid or volunteer, shall:

(1) Be 16 years of age or older; and

(2) Work under the direct observation and supervision of the family child care provider, a child care manager, or a child care worker at all times.

(h) Family child care providers or small child care centers may employ substitute staff who meet the age requirements of the staff position for whom they are substituting and assume the responsibilities of any child care staff on an emergency or temporary basis for not more than 90 consecutive days and not more than a maximum of 120 days in a 12-month period.

(i) Family child care providers, child care workers, and child care managers shall complete professional development requirements in accordance with He-C 4002.32.

(j) Documentation of professional development requirements shall be maintained at the program and available for review by the department.

(k) A junior helper in any family child care program or a small child care center, whether paid or volunteer, shall:

(1) Be at least 14 years of age;

(2) Work with children only under the direct supervision and observation of a staff person who meets at least the minimum qualification of a child care worker;

(3) Not be calculated in staff to child ratios as specified in (m) through (p) below; and

(4) Not be required to complete professional development hours as specified in He-C 4002.32.

(l) The license capacity for family or family group child care homes shall include the provider’s own, foster, and resident children up to 6 years of age, when they are present.

(m) A family child provider, family group child care provider, child care manager, or a child care worker who is working alone shall not care for more than 6 children plus 3 school-age children during hours when school is not in session, provided that:

(1) Of the 6 children, no more than 4 children are younger than 36 months of age; and

(2) Of the 6 children, no more than 2 children are younger than 24 months of age.

(n) A family child care provider plus a child care worker or child care assistant shall not care for more than 6 children plus 3 school-age children when school is not in session. Of the 6 children, no more than 4 shall be younger than 36 months of age.

(o) A family group child care provider plus a child care worker or child care assistant shall not care for more than 12 children plus 5 school-age children when school is not in session. Of the 12 children, no more than 4 children shall be younger than 36 months of age.

History

#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16,; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.31); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.34)

N.H. Code Admin. R. Ann. He-C 4002.34 Requirements for Child Care Staff in Center-Based Programs {#sec-he-c-4002.34 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.34}

(a) All center-based programs, other than those operating solely as a school-age program, shall have a center director who meets the following conditions:

(1) The center director or qualified substitute director shall be on the premises or readily available for at least 60% of each day’s daytime operating hours; and

(2) Programs operating as a night care program, the center director, qualified substitute director, or lead teacher shall be on the premises or readily available for at least 60% of the program’s evening and nighttime operating hours.

(b) School-age programs shall have a site director who meets the following conditions:

(1) For school-age programs operating 5 or fewer hours per day, a site director or qualified substitute director shall be on the premises during all operating hours;

(2) For school-age programs operating more than 5 hours per day a site director or qualified substitute director shall be on the premises or readily available for at least 60% of each day’s daytime operating hours; or

(3) For school-age programs with a site coordinator assigned, a group leader who is at least 20 years of age shall be on the premises during all operating hours.

(1) Be responsible for the daily operation of the program and ensure the program’s compliance with He-C 4002; and

(2) Designate a staff person who meets at least the minimum qualifications of group leader in school-age programs who is at least 18 years old and associate teacher in all other center-based programs, in accordance with this section, who will be in charge and assume the responsibilities of the center director or site director in their absence.

(d) With the exception of programs operating only as a school age program, there shall be at least one lead teacher on the premises during all operating hours, and one out of every 6 child care staff who are required to be on the premises in order to meet minimum staff to child ratios shall meet the minimum qualifications of a lead teacher.

(e) The only exception to (d) above shall be for the first and last hour of a center-based program operating more than 5 hours per day, provided an associate teacher as described in (l) below is on the premises.

(f) Center-based programs that wish to apply for or have a single license for multiple buildings at the same address in accordance with He-C 4002.02(d), and which choose not to have a center director in each building shall designate a staff person who qualifies as a lead teacher to be in charge in each building without a center director, who reports to the center director.

(g) School age programs that wish to apply for or have a single license for multiple buildings at the same address in accordance with He-C 4002.02(d), and which choose not to have a site director in each building shall designate a staff person who qualifies as a group leader to be in charge in each building without a site director, who reports to the site director.

(h) The center director, agency administrator, site coordinator, site director, or their designee shall have available for review at the program for all child care staff, documentation to verify that the person qualifies for their position in accordance with this section.

(i) Center-based programs may employ substitute staff for up to 120 consecutive days for the same position only if the individuals meet the age requirements of the staff position for whom they are substituting.

(j) A center director in a center-based program shall:

(1) Be at least 21 years of age;

(2) Have a high school diploma or equivalent, including but not limited to General Equivalency Diploma (GED), a High School Equivalency Test (HiSet), or a Test Assessing Secondary Completion (TASC);

(3) Have 3 credits in management or supervision, awarded by an accredited college or university, a minimum of 2 years’ experience in a supervisory or management position in lieu of the 3 credits in management and supervision, or a written plan for completion of 3 credits in management or supervision from an accredited college or university;

(4) Have a minimum of 1500 hours experience working with children in a licensed child care program or public or private elementary school; and

(5) Have one of the following:

a. A minimum of an associate’s degree awarded by an accredited college or university in related coursework;

b. An additional 3000 hours of experience working with children in a licensed child care program or in a public or private elementary school and documentation of a non-expired child development associates (CDA) in center-based programs awarded by the council for professional recognition;

c. Current certification in early childhood, elementary, or special education by the department of education;

d. Certification in a teacher preparation program accredited by the Montessori Accreditation Council for Teacher Education (MACTE) in infant and toddler, early childhood or elementary I;

e. Documentation of 60 credits, awarded by an accredited college or university, of which at least 24 shall be in related coursework, including at least 3 credits in each of the following core knowledge areas:

Children with special needs;
Child growth and development or human growth and development; and
Curriculum for early childhood education; or

f. Documentation from or on file with the department that the individual working as the center director qualified for and was employed in the position of center director on or before November 6, 2017, with no break in employment as the center director since receipt of the approval.

(k) A lead teacher in a center-based program shall have a high school diploma or equivalent, including but not limited to General Equivalency Diploma (GED), a High School Equivalency Test (HiSet), or a Test Assessing Secondary Completion (TASC), be at least 18 years old, and have one of the following:

(1) A minimum of 18 credits in related coursework, awarded by an accredited college or university, including at least 3 credits in child or human growth and development, plus a minimum of 1000 hours experience working with children in a licensed child care program or public or private elementary school;

(2) A minimum of 12 credits in related coursework, awarded by an accredited college or university, plus 3000 hours experience working with children in licensed child care program or public or private elementary school;

(3) Documentation of a non-expired child development associates (CDA) in center-based programs awarded by the council for professional recognition;

(4) A credential from a teacher preparation program accredited by MACTE;

(5) Five years as a licensed family child care provider with no enforcement actions imposed by the department;

(6) Successful completion of the New Hampshire Early Childhood Apprenticeship Program;

(7) A minimum of 1000 hours of supervised child care experience in a licensed child care program, documentation of successful completion of a 2-year vocational course in career and technical education with an additional 9 credits in related coursework;

(8) Documentation from or on file with the department that the individual working as a lead teacher qualified for and was employed in the position of lead teacher on or before November 6, 2017, with no break in employment as a lead teacher; or

(9) At least 3 credits in child or human growth and development, plus a minimum of 4,500 hours of documented experience as an associate teacher for the same licensee, and with a letter from the center director stating that the individual has demonstrated the skills necessary to be a lead teacher.

(l) An associate teacher in a center-based program shall be at least 18 years old, have a high school diploma or equivalent, including but not limited to General Equivalency Diploma (GED), a High School Equivalency Test (HiSet), or a Test Assessing Secondary Completion (TASC), and have one of the following options:

(1) Written documentation from or on file with the department that the individual working as an associate teacher qualified for and was employed in the position of an associate teacher on or before November 6, 2017, with no break in service as an associate teacher since receipt of the approval;

(2) A minimum of 9 credits in related coursework, awarded by an accredited college or university, including at least one 3 credit course in child or human growth and development;

(3) Certification as para II educator by the department of education and 1000 hours of experience in a public or private school, including experience with children up to age 8;

(4) A minimum of 1000 hours of supervised child care experience in a licensed child care program, and knowledge of child growth and development obtained through one of the following:

a. Completion of a high school level 2-year career and technical education course in teacher education;

b. A 3-credit course in child or human growth and development, awarded by an accredited college or university; or

c. Thirty hours of training in child growth and development, granted by an accredited college or university, an authorized provider of the International Association for Continuing Education and Training or obtained through documented life experience, including experience with the same age children the associate teacher supervises, such as a family child care provider, service as a foster parent, work as a school teacher, work as a camp counselor and experience as a group leader for children in sports or other activities, such as scouts or little league, or closely related experience; or

(5) At least one 3 credit course in child or human growth and development plus 3 years as a licensed family child care provider or as the child care manager of a small child care center.

(m) Assistant teachers in a center-based program, whether paid or volunteer, shall:

(1) Be at least 15 years of age; and

(2) Work with children only under the direct supervision and observation of a staff person who meets at least the minimum qualifications of an associate teacher.

(n) Notwithstanding (m)(2) above, assistant teachers shall only be alone with a child or group of children if the following conditions are met:

(1) The center director has approved the specific assistant teacher to do this, with approval documented in the employee’s file;

(2) The employee has been deemed eligible to work pursuant to RSA 170-E:7, III;

(3) The employee has at least 3 months of experience at the program;

(4) The employee has completed the required trainings pursuant to He-C 4002.32(a); and

(5) The specific activities that the assistant teacher may be alone with children include:

a. Walking children:

To or from a bathroom;
To or from receiving first aid treatment;
To or from a bus stop; and
From one classroom or area to another within the licensed premises;

b. Supervising an ill child while waiting for pick-up by a parent or guardian;

c. Supervising a group of children for up to 5 minutes when other child care staff leave the classroom to do a task that cannot be completed by the assistant teacher;

d. Supervising any children that might otherwise be without direct staff supervision pursuant to He-C 4002.19; or

e. Covering staff breaks or curriculum planning time for no more than one hour per classroom or group, provided the assistant teacher is at least 18 years old and has a high school diploma or equivalent.

(o) A junior helper in any center-based program, whether paid or volunteer, shall:

(1) Be at least 12 years of age;

(2) Work with children only under the direct supervision and observation of a staff person who meets at least the minimum qualification of an associate teacher;

(3) Not be calculated in staff to child ratios as specified in He-C 4002.35 through He-C 4002.37 and He-C 4002.39; and

(4) Not be required to complete professional development hours as specified in He-C 4002.32.

(p) A site director or a site coordinator in a school-age program shall be at least 20 years of age, have a high school diploma or equivalent, including but not limited to General Equivalency Diploma (GED), a High School Equivalency Test (HiSet), or a Test Assessing Secondary Completion (TASC), and have at least one of the following:

(1) Written documentation from or on file with the department that they were qualified and employed as a site director in a school-age program on or before the effective date of these rules in 2022;

(2) A minimum of an associate’s degree awarded by an accredited college or university in related coursework;

(3) Certification of successful completion of training as a recreation director plus 1000 hours experience working with children in a licensed child care program, recreation program or a public or private elementary school;

(4) A total of 12 credits in child development, education, recreation, or related coursework, awarded by an accredited college or university, plus 1000 hours of experience working with children;

(5) Certification as an educator by the department of education; or

(6) Experience working with children totaling 2000 hours and:

a. Certification as a para II educator by the department of education; or

b. Both of the following:

Documentation of enrollment in a course for at least 3 credits in child development, education, recreation, or related coursework, through an accredited college or university and a written plan on file for completion of at least 3 additional credits as specified; and
Within 12 months of the date the individual begins working as a site director, documentation of successful completion of at least 6 credits as specified in b.1. shall be on file for review by the department.

(q) A group leader in a school-age program shall be at least 17 years of age, and have one of the following:

(1) Experience working with school-age children, totaling 600 hours;

(2) Documentation of at least 3 credits in child development, education, recreation, or related coursework, awarded by an accredited college or university;

(3) Documentation that they are a certified coach;

(4) Documentation of 5 years of parenting experience; or

(5) Documentation from or on file with the department that they were qualified and employed as a group leader in a school-age program on or before the adoption of these rules in 2022.

(r) An assistant group leader in a school-age program, whether paid or volunteer, shall:

(1) Be at least 15 years of age; and

(2) Work with children only when under the direct supervision and observation of a site director or group leader as described in this section.

(s) A project leader in a school-age program shall:

(1) Be at least 15 years of age;

(2) Be recommended by a school or established youth-related organization or agency;

(3) Have a written plan for their project; and

(4) Not be required to complete in-service professional development hours as specified in He-C 4002.32.

(t) Site directors in programs with a project leader shall:

(1) Inform the project leader of program policies and child care licensing rules;

(2) Require child care staff to observe or check on the project leader every 20 minutes;

(3) Supervise, or require that the group leader supervise, the project leader; and

(4) Have a consent form on file for review by the department that is signed by the parent or guardian of each child participating in an activity with a project leader.

(u) Project leaders shall not be calculated in staff to child ratios as specified in He-C 4002.38.

History

#7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.32); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.35)

N.H. Code Admin. R. Ann. He-C 4002.35 Group Child Care Centers {#sec-he-c-4002.35 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.35}

(a) Group child care centers shall comply with He-C 4002.01 through He-C 4002.32, He-C 4002.34, and this section, unless otherwise specified.

(b) Programs shall staff group child care centers with at least one associate or lead teacher per group.

(c) For children ages 36 months up to 47 months, the maximum group size shall be 24 with one teacher for every 8 children.

(d) For children ages 48 months up to 59 months, the maximum group size shall be 24 with one teacher for every 12 children.

(e) For children ages 60 months and over, the maximum group size shall be 30 with one teacher for every 15 children.

(f) A second staff person shall be in the building when 11 or more children are present.

(g) Group child care centers shall base the staff to child ratio and group size on the average age of the children in the group when there are mixed ages in the same group.

(h) When the average age of children is younger than 36 months, group child care centers shall comply with staff to child ratios and requirements specified in He-C 4002.36.

History

#7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.33); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.36)

N.H. Code Admin. R. Ann. He-C 4002.36 Infant and Toddler Program {#sec-he-c-4002.36 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.36}

(a) Infant and toddler programs shall comply with He-C 4002.01 through He-C 4002.32, He-C 4002.34, He-C 4002.40 through He-C 4002.44, and this section, unless otherwise specified.

(b) Programs shall staff infant and toddler programs with at least one associate or lead teacher per group.

(d) For children ages 12 months up to 24 months, the maximum group size shall be 15 with one teacher for every 5 children.

(e) For children ages 24 months up to 36 months, the maximum group size shall be 18 with one teacher for every 6 children.

(f) Notwithstanding (c) through (e) above, a second staff person shall be in the building when 5 or more children are present.

(g) In addition to the staffing requirements under (b) through (e) above, programs licensed as infant and toddler programs shall base the staff to child ratio and group size on the average age of the children in each group when there are mixed age groups in the same room.

History

#7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (formerly He-C 4002.38); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.34); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.37)

N.H. Code Admin. R. Ann. He-C 4002.37 Preschool Programs {#sec-he-c-4002.37 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.37}

(a) Preschool programs shall comply with He-C 4002.01 through He-C 4002.32, He-C 4002.34, He-C 4002.40 through He-C 4002.44, and this section.

(b) Preschool programs shall meet the staff to child ratio requirements specified in He-C 4002.35(b) through (g), as applicable.

History

#7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.35); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.38)

N.H. Code Admin. R. Ann. He-C 4002.38 School-Age Programs {#sec-he-c-4002.38 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.38}

(a) School-age programs shall comply with He-C 4002.01 through He-C 4002.32, He-C 4002.34, He-C 4002.40 through He-C 4002.44, and this section, unless otherwise specified.

(b) All school age programs shall be exempt from He-C 4002.08(b) only regarding recording birth dates on attendance records.

(1) Identify and protect children from hazards such as vehicular traffic with direct supervision if the environment does not provide adequate protection; and

(2) Be exempt from modifying the environment to comply with He-C 4002.

(d) Programs that serve only children attending part day public kindergarten or full-day public school, or which have rooms used exclusively by kindergarten or school age children, shall be exempt from:

(1) He-C 4002.22(a)(2) regarding unprotected outlets only;

(2) He-C 4002.22(b) regarding access to sharp objects and hand sanitizer, provided the hand sanitizer is used by children under staff supervision;

(3) He-C 4002.22(d) regarding non-toxic materials labeled “keep out of reach of children”; and

(4) He-C 4002.22(e) regarding long cords and strings.

(e) In lieu of He-C 4002.25(n), school-age programs operating for more than 5 hours per day shall provide children with an opportunity for at least 30 minutes of quiet activities, rest, or relaxation.

(f) Programs shall staff school age programs with at least one group leader per group.

(g) The maximum group size shall be 45 with one staff for every 15 children.

(h) In addition to the staffing requirements in (f) above, programs licensed as school-age programs shall have a second staff person in the building when 13 or more children are present.

(i) School-age programs that hold combination licenses with multiple program types shall provide separate space for the school-age children during the hours of operation of the school-age program when 9 or more school age children are present.

(j) When 8 or fewer school-age children are present, programs shall have the option to combine school-age children with children 4 years of age and older.

(k) Programs shall have and maintain on file for review by parents or guardians and the department a written schedule of daily activities that ensures that the curriculum includes:

(1) Opportunities for children to help in planning their own activities;

(2) Time for structured and unstructured play, both indoors and outdoors;

(3) Opportunities for active and quiet activities; and

(4) Opportunities for individual and group experiences, both child-initiated and staff directed.

History

#7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.36); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.39)

N.H. Code Admin. R. Ann. He-C 4002.39 Night Care Program {#sec-he-c-4002.39 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.39}

(a) Any program which intends to provide child care services during the evening or night time hours, between 7:00 PM and 5:00 AM shall be licensed to operate as a night care program.

(b) Center-based night care programs shall comply with He-C 4002.01 through He-C 4002.32, He-C 4002.34, He-C 4002.40 through He-C 4002.44, and the requirements applicable to the specific program type(s) for which they are licensed as well as the requirements in this section.

(c) Night care programs operating in private homes shall comply with all of the requirements for family and family group child care homes but shall not be required to comply with the requirements specified in He-C 4002.34.

(d) Child care staff shall not allow children attending a night care program to remain in the program for more than a total of 13 hours in any 24-hour period, except in an emergency, or situations when the parents or guardians are working over 13 hours during a 24-hour period, or parents or guardians are deployed during the weekend by the military.

(e) Child care staff shall schedule activities in night care programs that address the basic and individual needs of children, including but not limited to relaxation, meals, play, and sleep.

(f) Child care staff shall provide for privacy appropriate to the developmental needs and ages of children while allowing for age-appropriate supervision of each child for bathing and toileting, and for sleeping if staff are not in the same room or are using an electronic monitor to check on the sleeping children.

(g) Child care staff shall provide each child in a night care program with clean bedding and a bed or crib with a mattress, a cot, or sleeping bag on a rest mat.

(h) Child care staff shall make sleeping arrangements that ensure that children who stay all night are not disturbed by the departure or arrival of those who stay only a portion of the night.

(i) Child care staff shall be awake during operating hours.

History

#7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (formerly He-C 4002.38); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.37); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.40)

N.H. Code Admin. R. Ann. He-C 4002.40 Background Checks and Determination of Eligibility {#sec-he-c-4002.40 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.40}

(a) Background record checks shall be completed in accordance with this section.

(b) The following individuals shall complete and submit for a background record check using the NHCIS portal, “New Background Record Check” (August 2025) prior to employment or residency, as applicable, and every 5 years thereafter:

(1) Child care staff;

(2) Substitutes;

(3) Other employees;

(4) Volunteers who might be alone with children or are included in staff to child ratios; and

(5) Household members 18 years of age and older, or when turning 18 years of age.

“a) All information provided above is accurate.

b) I have not been charged pending disposition or convicted of a felony consisting of murder, child abuse or neglect, crimes against children (including pornography and trafficking), spousal abuse, rape or sexual assault, kidnapping, arson, physical assault or battery, or a drug related offense (in the last 5 years) or any other violent or sexually related charge or misdemeanor against a child, including child abuse, child endangerment, sexual assault, or a misdemeanor involving child sexual abuse images, or a crime which shows that I might be reasonably expected to pose a threat to a child, such as violent crime or sexually related crime against an adult.”

(d) The background record check shall be completed in accordance with RSA 170-E:7, unless exempted from this requirement as permitted under RSA 170-E:7, II-a.

(e) Pursuant to RSA 170-E:7, IV-b, individuals exempt in accordance with (d) above shall have on file at the program, a statement from the individual stating since the day the individual’s background check was completed, that they have not been convicted of any crimes as specified in RSA 170-E:7, III and IV, and have not had a finding by the department or any administrative agency in this or any other state for abuse, neglect, or exploitation.

(f) For all household members between 13 through 17 years of age, the program shall submit to the unit a completed and notarized “Staff and Household Member Form” (August 2025), certifying the following:

“a) All information provided above is accurate.

b) I have not been charged pending disposition or convicted of a felony consisting of murder, child abuse or neglect, crimes against children (including pornography and trafficking), spousal abuse, rape or sexual assault, kidnapping, arson, physical assault or battery, or a drug related offense (in the last 5 years) or any other violent or sexually related charge or misdemeanor against a child including child abuse, child endangerment, sexual assault, or a misdemeanor involving child sexual abuse images, or a crime which shows that I might be reasonably expected to pose a threat to a child, such as violent crime or sexually related crime against an adult.”

(g) The form required in (f) above shall be submitted:

(1) With the initial licensing application in accordance with He-C 4002.02(e)(5);

(2) When a household member reaches 13 years of age; and

(3) When an individual between 13 through 17 years of age becomes a household member.

(h) The unit shall determine the individual’s eligibility in accordance with RSA 170-E:7, III and IV and notify the program and individual within 45 days of submission of all required information as required in this section and RSA170-E:7.

(i) Individuals required to complete background record checks as specified in (b) above may be on the premises for orientation or training activities but shall not interact with children until the program receives notice of eligibility from the unit.

(j) When the unit receives the results of the fingerprint-based criminal background check for an individual that does not include any disqualifying information as described in RSA 170-E:7, III and IV, it shall notify the program that the individual may be present in the program, provided the individual is never alone with children and always under the direct supervision and observation of a staff member whom the unit has deemed eligible. This direct supervision and observation shall continue until the unit receives all results from the background check required in RSA 170-E:7 and notifies the program and individual as described in (h) above.

(k) When the department determines that an individual is ineligible to work in child care, in accordance with RSA 170-E:7, III or IV, it shall provide notice to the individual that includes:

(1) The department’s determination of ineligibility;

(2) The basis for the determination; and

(3) The individual’s right to challenge their criminal record pursuant to Saf-C 5703.12.

(l) When the department determines that an individual is ineligible to work in child care, in accordance with RSA 170-E:7, III or IV, it shall provide notice to the child care program that:

(1) The department determined the individual to be ineligible to work in child care; and

(2) The program shall take immediate action to prohibit the individual from being on the premises of the child care program and from having access to the children enrolled in the program.

(m) The child care program shall inform the department in writing within 2 business days of receipt of the notice in (k) above of the specific action it has taken as required under (l)(2) above.

(n) The program manager shall update the staff roster in the NHCIS portal within 5 business days when the individuals as described in (b) above are no longer working in the program or part of the household, with the date they left the program.

(o) The program manager shall notify the department immediately when they learn of any charges or convictions of an individual after the individual’s determination of eligibility.

(p) The department shall require the individual to complete additional background checks when the department needs additional information to determine if the individual’s eligibility must be rescinded per RSA 170-E:7, IV-a, with notification provided per (k) and (l) above.

History

#13373, eff 4-22-22; ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.41)

N.H. Code Admin. R. Ann. He-C 4002.41 Complaints and Investigations {#sec-he-c-4002.41 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.41}

(a) In accordance with RSA 170-E:17, II, the department shall respond to any complaint that meets at least one of the following conditions:

(1) The alleged non-compliance(s) occurred within 6 months of the date of the allegation(s);

(2) The complaint includes the complainant’s first-hand knowledge regarding the allegation(s) or on information reported directly to the complainant by a child who has first-hand knowledge regarding the allegation(s);

(3) There is sufficient specific information for the department to determine that the allegation(s), if proven to be true, would constitute non-compliance of any of the provisions of RSA 170-E or He-C 4002; or

(4) The complaint is from any source and alleges non-compliance that occurred at any time if the complaint alleges:

a. Physical injury or abuse;

b. Verbal or emotional abuse; or

c. The danger of physical injury to one or more children.

(b) When the complaint is determined to be substantiated, a statement of findings shall be issued to the program listing the citations found resulting from the investigation and any additional citations found.

(c) When the complaint is determined to be unfounded, the department shall send a notice to the program advising that the complaint was unfounded.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.08); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (from He-C 4002.07); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.42)

N.H. Code Admin. R. Ann. He-C 4002.42 Confidentiality {#sec-he-c-4002.42 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.42}

(a) Any information collected by the department pursuant to RSA 170-E:7 regarding criminal conviction records or founded cases of child abuse or neglect, which results in a department determination that the individual being investigated is ineligible to work with children, shall be kept confidential by the department, with the following exceptions:

(1) The program in which the individual is employed shall be notified that the individual has been determined to be ineligible to work with children, in accordance with the provisions of RSA 170-E:7, III, or RSA 170-E:7, IV, so that the program can take corrective action; and

(2) If a statement of findings is issued regarding the employment or presence in the program of an individual covered under (1) above, it shall not include the name of that individual on the statement of findings and shall only specify that the individual was determined by the department to be ineligible to work with children.

(b) The department shall keep confidential information collected during the application process and any records in its possession regarding the admission, progress, health, and discharge of children, with the following exceptions:

(1) Upon receipt of:

a. A written request from the applicant, licensee, or their designated legal representative, the department shall release to the requester, information obtained during the application process; and

b. Upon receipt of a written authorization to release information, signed by the applicant or licensee, or in the case of personal information, signed by the individual who is the subject of the information, the department, shall release any information collected during the application process; or

(2) During an administrative proceeding against the applicant or licensee.

(c) The department shall release information to law enforcement agencies or in an administrative proceeding against the applicant or licensee. Otherwise, the department shall keep confidential any information collected during an investigation, unless it receives an order to release, destroy, or take any action relating to the information from a court of competent jurisdiction.

(d) Applicants, licensees, and all child care staff shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of children under their care and all information learned about children and their families.

(e) Child care staff shall:

(1) Allow the department access to all records that programs are required by department rule or state statute to keep, and to such records as necessary for the department to determine staffing patterns and staff attendance; and

(2) Release information regarding a specific child only as directed by a parent or guardian of that child, or upon receipt of written authorization to release such information, signed by that child’s parent or guardian.

(f) In addition to the confidentiality requirements in (d) above, child care staff shall discuss or share information regarding the admission, progress, behavior, health, or discharge of a child with the child’s parent(s) or guardian(s) in a manner that protects and maintains confidentiality for both the child and the child’s parent(s) or guardian(s).

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08: 11-22-08; ss by #9310, eff 11-23-08 (from He-C 4002.08); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.08); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.43)

N.H. Code Admin. R. Ann. He-C 4002.43 Enforcement Action and Right to Appeal {#sec-he-c-4002.43 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.43}

(a) Pursuant to RSA 170-E:11, IV through VI, the department shall consider the following enforcement actions in response to non-compliance with licensing rules and laws:

(1) Assessment of administrative fines;

(2) Placement of conditions on a permit or license;

(3) Suspension of a permit or license;

(4) Denial of an application for a new or renewed license; or

(5) Revocation of a permit or license.

(b) The department shall place conditions on a license or permit when it determines that the applicant or licensee is in violation of any of the provisions of RSA 170-E or any rule, and it determines that placement of those conditions shall:

(1) Protect the health, safety, or well-being of children;

(2) Assist the applicant or licensee to achieve and maintain compliance with licensing rules or statute; or

(3) Assist the applicant or licensee to avoid suspension, revocation, or denial of their license or permit.

(c) When the department intends to place conditions on a license or permit, it shall send to the applicant or licensee a notice setting forth:

(1) The reason(s) for the intended action;

(2) The specific condition(s) the department intends to place on the license or permit;

(3) The effective date(s) of the proposed conditions;

(4) Notice that, once the department places conditions on the license or permit, failure to comply with those conditions shall constitute failure to comply with the provisions of license; and

(5) Information about the right to request an administrative hearing by submitting a written request for an administrative hearing to the commissioner no later than 10 calendar days from the date of receipt of the notice.

(d) The conditions placed in accordance with (b) above:

(1) Shall be determined by the department, based on the single or combination of options specified that will best address the specific issue or problem; and

(2) Shall include, but not be limited to:

a. Prohibiting a licensee from enrolling any additional children in a program;

b. Reducing the license capacity or the number of children for whom a licensee is authorized to care in a specific component of a program;

c. Requiring an individual to obtain additional education other than that required for their position, or to complete additional in-service professional development activities, in excess of the annual requirement as specified under He-C 4002.32 in order to prepare them to more effectively work with children or assist them in achieving and maintaining compliance with He-C 4002;

d. Requiring an applicant or licensee to hire additional staff on a temporary or permanent basis;

e. Prohibiting a licensee from applying for an increase in the license capacity, or any addition of new program types to an existing license or permit, until they achieve and maintain compliance with He-C 4002;

f. Prohibiting an applicant or licensee from applying for additional child care program licenses; or

g. Requiring the licensee to replace the center director, site director, or site coordinator.

(e) The department’s decision to place conditions on a license or permit shall become final when:

(1) The applicant or licensee does not request an administrative hearing as specified in (c)(5) above; or

(2) The department’s decision to place conditions on the license or permit is upheld after an administrative hearing.

(f) The placement of conditions on a license or permit shall not prohibit the department from enforcing any conditions or any other enforcement action available to it under He-C 4002 or RSA 170-E.

(g) When the department places conditions on a license or permit, the department shall issue a revised license or permit reflecting the conditions imposed.

(h) Upon receipt of notice of the department’s intent to place conditions on a license, the applicant or licensee receiving the notice shall immediately provide the department with evidence that the program notified all the parents or guardians of enrolled children of the conditions imposed on the license by the department.

(i) When a program has met the conditions placed on the license and has maintained compliance with all licensing rules and statutes related to the conditions for a period of one year or the period reflected on the license or permit, whichever is greater, the department shall:

(1) Provide written notice to the licensee of the department's intention to rescind the conditions; and

(2) Issue a revised license or permit.

(j) The department shall revoke a permit or license or deny an application for a new license, license renewal, or license revision in accordance with RSA 170-E:12 if:

(1) The applicant or licensee fails to provide or does not meet the requirements of He-C 4002.02;

(2) The applicant or licensee refuses to submit or adhere to an agreement or corrective action plan which ensures that an individual determined ineligible for employment or as a household member is removed from employment or from the household and will not have access to the children in care during the operating hours of the program;

(3) The applicant or licensee has endangered, or continues to endanger one or more children, or otherwise caused one or more children to be physically or mentally injured;

(4) The applicant or licensee has a:

a. Finding of abuse, neglect, or exploitation of any person;

b. Conviction of child endangerment, fraud, or a felony against a person in this or any other state by a court of law;

c. Conviction of any crime as referenced in RSA 170-E:7, III or IV; or

d. Complaint investigation for abuse, neglect, or exploitation substantiated by the department or in any other state;

(5) The applicant, licensee, or any representative or employee thereof knowingly provides false or misleading information to the department, including but not limited to information on the application or in the application attachments;

(6) The applicant, licensee, or any representative or employee thereof fails to cooperate with any inspection by the department or fails to submit any records or reports required by the department;

(7) The applicant or licensee has demonstrated a history or pattern of multiple or repeat citations of RSA 170-E or He-C 4002, that pose or have posed a threat to the safety of a child or children;

(8) The applicant or licensee fails to submit an acceptable corrective action plan or fully implement and continue to comply with a corrective action plan approved by the department in accordance with He-C 4002.06(f) through (i);

(9) The applicant or licensee fails to pay a fine assessed by the department as specified in He-C 4002.44; or

(10) The applicant or licensee fails to implement and comply with conditions placed on a license by the department as specified in He-C 4002.44(g).

(k) If the department revokes a license or permit, or if a license or permit has expired due to the program’s failure to submit a timely application for renewal in accordance with He-C 4002, the program shall discontinue operations immediately.

(l) The department shall notify applicants or licensees of a decision of the department to deny, revoke, or suspend a license of their right to an administrative hearing in accordance with RSA 170-E:13.

(m) If an applicant or licensee fails to request an administrative hearing in writing within 10 days of the receipt of the notice required by RSA 170-E:13, I, the action of the department shall become final.

(n) Administrative hearings under this section shall be conducted in accordance with RSA 170-E:13 and 14, RSA 541-A, and He-C 200.

(o) Further appeals of department decisions under this section shall be governed by RSA 170-E:14.

(p) Any licensee who has been notified of the department’s intent to revoke or suspend a license or deny an application for license renewal may continue to operate during the appeal process except as specified in (q) below.

(q) When the department includes in its notice of revocation or suspension an order of immediate closure, pursuant to RSA 170-E:13, III, or RSA 541-A:30, III, the program shall immediately terminate its operation and not operate while an administrative hearing is pending except under court order or as provided by RSA 541-A:30, III.

(r) The department shall initiate suspension of a license or permit rather than revocation when it determines that:

(1) The program does not have a history of repeat citations of licensing rules or statute and the action is based on non-compliance or a situation that is:

a. Related to a correctable environmental health or safety issue, including but not limited to a problem with a program’s water supply, septic system, heating system, or structure; and

b. Documented by the program as being temporary in nature; or

(2) The action is for one of the following for an applicant or licensee, and is under appeal:

a. A criminal conviction; or

b. A finding by the division for children, youth, and families, of child abuse, neglect, or endangerment.

(s) Any suspension of a license or permit for which an administrative hearing has not been requested or any suspension of a license that has been upheld by an administrative hearing shall remain in effect until the department notifies the program whose license or permit was suspended that the suspension has been removed because:

(1) The non-compliance which resulted in the suspension is corrected; or

(2) The suspension was the result of loss of fire or health officer approval, and the local fire or health officer has reinstated their approval.

(t) Upon receipt of notice of the department’s intent to revoke, suspend, deny, or refuse to issue or renew a license or permit, the applicant or licensee shall immediately provide the department with a list of the names, addresses, including email addresses, and phone numbers of the parents or guardians of enrolled children and staff employed by the program.

(u) Based upon information provided under (t) above, the department shall notify the parents or guardians of children currently enrolled in the program, and staff employed by the program that the department has initiated action to revoke or suspend the license or deny an application for a license renewal.

(v) When a program is allowed to continue operating pending appeal as provided in (p) above, the program shall provide the suspension or revocation notice to any new families prior to enrollment of their child or children or prospective staff prior to offer of employment.

(w) The department shall send a notice equivalent to the notice specified in (u) above to the following entities:

(1) The health officer and fire inspector serving the town in which the program is located;

(2) The organization or entity who provides resource and referral services, pursuant to RSA 171-E:5-a; and

(3) The state office of the United States Department of Agriculture, food and nutrition service, child and adult care food program.

(x) A program manager shall be ineligible to reapply for a license, employment as a center director, site director, site coordinator, or be a family child care provider, or hold any corporate office or controlling interest in any licensed program after revocation of a license or denial of an application.

(y) The period of ineligibility in (x) above shall be at least 5 years from:

(1) The date the decision to revoke or deny becomes final; or

(2) The date an order is issued upholding the action of the department if an administrative hearing was requested.

(z) When an individual enters into an administrative agreement with the department to surrender a license or withdraw an application that exceeds the 5 years in (y) above, this administrative agreement shall supersede the rule.

(aa) The department shall accept an application from an individual or consider an individual to be eligible to be employed as an agency administrator after the 5 year period specified in (y) above only when it determines that the individual has, through education, training, or experience, acquired the knowledge and skills, and has the resources necessary to operate or direct a child care program in compliance with licensing rules and statute.

(ab) Prior to the passage of 5 years, the department shall consider a request by the individual to be employed as an agency administrator for another applicant or licensee, or to become an applicant for a license, only under the following circumstances:

(1) The revocation or denial was based on the agency administrator’s inability to correct the non-compliance due to the applicant or licensee’s refusal or inability to correct; and

(2) The agency administrator employed by the applicant or licensee whose license was revoked or application was denied shows that circumstances have substantially changed such that the department now has a good cause to believe that they have the requisite degree of knowledge, skills, and resources necessary to maintain compliance with the provisions of RSA 170-E and He-C 4002.

(ac) Notwithstanding (aa) above, the department shall consider an application submitted after the decision to revoke or deny becomes final, but before the expiration of the 5 years referenced in (y) above, provided revocation or denial was the result of non-compliance with RSA 170-E:4, II, RSA 170-E:12, I, RSA 170-E:12, V, RSA 170-E:12, VI, RSA 170-E:12, VII, RSA 170-E:12, VIII, and RSA 170-E:12, XI, and only under the following circumstances:

(1) The denial or revocation was based on the applicant or licensee’s inability or failure to correct non-compliance caused by a temporary condition which has been corrected; or

(2) The licensee or applicant who was denied an initial application shows that circumstances have substantially changed such that the department now has a good cause to believe that the applicant has the requisite degree of knowledge, skills, and resources necessary to maintain compliance with the provisions of RSA 170-E and He-C 4002.

(ad) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 170-E, RSA 541-A, He-C 4002, or other law.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.10); ss by #9605, eff 11-26-09; ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.09); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.44)

N.H. Code Admin. R. Ann. He-C 4002.44 Administrative Fines {#sec-he-c-4002.44 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4002.44}

(a) The department shall assess administrative fines in accordance with RSA 170-E:11, VI and VII, and RSA 170-E:21-a.

(b) The department shall send a notice of intent to assess a fine by certified mail and email, or by hand delivery to any person, applicant, or licensee.

(1) The amount of the fine, the citation(s), and dates, if applicable, for which the fine is being assessed;

(2) Information regarding the right to request an administrative hearing, including the name, address, phone number, and email of the hearings unit, and deadline by which to request a hearing;

(3) Information about the option of reducing any assessed fine by 25% by submitting to the department, no later than 10 days from receipt of the notice, payment of the reduced fine, and a written statement waiving the right to request an administrative hearing regarding the fine, signed by the applicant or licensee; and

(4) The name of a contact person within the office of legal and regulatory services, bureau of facility licensing and certification.

(d) If the applicant or licensee does not request an administrative hearing as specified in (c)(2) above, the department’s decision to assess a fine shall become final after the 10-day period specified in (c)(3) above and the fine shall be paid to the department no later than 10 days from that date.

(e) When an administrative hearing is conducted and the department’s decision to assess a fine is upheld, the fine shall be due and payable within 10 days of the date of the hearing officer's decision.

(f) The assessment of fines shall not prohibit the department from enforcing any conditions or any other enforcement action available to it under He-C 4002 or RSA 170-E.

(g) The department shall assess fines in accordance with the following:

(1) For failure to comply with the provisions of a license or permit, in violation of He-C 4002.05(a)(1), the fine shall be $200.00, plus $100.00 per day for each day for which the department has evidence that the program continues to fail to comply with the provisions of a license or permit, in violation of He-C 4002.05(a), after receipt of written notice of non-compliance from the department;

(2) For a repeat citation for failure to comply with the provisions of a license or permit, in violation of He-C 4002.05(a)(1), the fine shall be $500.00, plus $100.00 for each day for which the department has evidence that the program continues to fail to comply with the provisions of a license or permit, in violation of He-C 4002.05(a), after receipt of written notice of non-compliance from the department;

(3) For operating a child care program without a license or permit, in violation of RSA 170-E:4, I, the fine shall be $500.00, plus $100.00 per day for each day for which the department has evidence that the program continues to operate, in violation of RSA 170-E:4, I;

(4) For continuing to operate a child care program after voluntarily closing, or for continuing to operate under an expired license after failing to submit a timely renewal application, in violation of RSA 170-E:4, I, the fine shall be $1,000.00, plus $100.00 per day for each day for which the department has evidence that the program continues to operate, in violation of RSA 170-E:4, I;

(5) For continuing to operate a child care program after suspension, revocation, or denial of a license or permit, in violation of RSA 170-E, I, the fine shall be $2,000.00, plus $500.00 per day for each day for which the department has evidence that the former licensee continues to operate a child care program in violation of RSA 170-E:4, I;

(6) For failure to submit any requested reports or failing to make available any records required by the department for investigation, monitoring, or licensing purposes in violation of He-C 4002.05(k), (l), (m)(4), or (n), the fine shall be $500.00, per offense, plus $100.00 per day, per offense, for each day for which the department does not receive the requested documents;

(7) For making false or misleading statements, either verbal or written, to the department, or for directing, requiring, or knowingly allowing any child care staff to make false or misleading statements to the department, or falsifying any documents, other written information, or reports issued by or required by the department, in violation of He-C 4002.05(o), the fine shall be $1000.00 per offense;

(8) For failure by the applicant, licensee, or by any child care staff at the direction of or on behalf of the applicant, licensee, center director, or site director, to cooperate during any visit authorized under RSA 170-E or He-C 4002, in violation of He-C 4002.05(o) the fine shall be $1000.00;

(9) For failure to submit a corrective action plan, in violation of He-C 4002.06(g), the fine shall be $200.00;

(10) For failure to implement or maintain the corrective action set forth in any corrective action plan that has been accepted or issued by the department, in violation of He-C 4002.06(k), the fine shall be as follows:

a. If the same non-compliance is cited within 2 years of the original citation, the fine shall be $250.00; and

b. If the same non-compliance is cited a third time within 2 years of being fined in a. above for the original citation, the fine shall be $500.00;

(11) For failure to supervise each child in care, in violation of He-C 4002.19(a), the fine shall be $750.00;

(12) For abusing or neglecting a child or children, or failing to protect a child or children from abuse or neglect by any individual when the licensee, or program manager, either knew or should have known about the abuse or neglect, in violation of He-C 4002.17(e)(1) and (f), the fine shall be $1000.00;

(13) For using corporal punishment, or failing to protect children from corporal punishment in the child care program by any child care staff, household member, or other individual, when the licensee, or program manager either knew or should have known about the corporal punishment, in violation of He-C 4002.17(e)(4) and (f), the fine shall be $1000.00;

(14) For using prohibited discipline practices, or failing to protect children from prohibited discipline practices when the licensee, or program manager either knew or should have known about the prohibited discipline practices or mistreatment, in violation of He-C 4002.17(e)(2) and (f), the fine shall be $500.00;

(15) For employing an agency administrator, center director, child care manager, site coordinator, or site director, who does not meet the qualifications for the position, in violation of He-C 4002.34(j) and (p) respectively, under circumstances where the department has not granted a waiver in accordance with He-C 4002.04, the fine shall be $500.00;

(16) For failure to complete the criminal background check process, in violation of RSA 170-E:7 and He-C 4002.40, the fine shall be $500.00, plus $100.00 per day when the non-compliance is not corrected and the employee, household member, or other individual continues to work in the program without having completed the criminal background check process;

(17) For non-compliance of any statute or any rule which results in endangering one or more children, in violation of RSA 170-E:4, II, the fine shall be $1000.00 for each citation, plus $200.00 per day for each day for which the department has evidence that the non-compliance continues after receipt of written notice of non-compliance from the department;

(18) For a repeat citation of any rule not specified in (g)(3) through (17) above, the fine shall be $200.00;

(19) When an inspection results in a determination that non-compliance of RSA 170-E or He-C 4002 is a repeat citation of any of the rules specified in (g)(3) through (18) above, the fine shall be twice the amount as the original fine assessed, not including any applicable daily rates;

(20) For the purposes of (g)(18) and (19) above, each incident of non-compliance shall constitute a separate citation subject to a separate fine;

(21) For non-compliance of any statute, or rule which results in physical injury to one or more children, or places one or more children in jeopardy of physical harm, the department shall assess a fine of $2,000.00 for each non-compliance, plus $500.00 per day that the non-compliance exists; and

(22) Each day that the individual or licensee continues to be in violation of the provisions of RSA 170-E or He-C 4002 shall constitute a separate violation and shall be subject to fines in accordance with He-C 4002.44 provided that if the applicant or licensee is making good faith efforts to comply with the provisions of RSA 170-E or He-C 4002, as verified by documentation or other means, the department shall not issue a daily fine.

History

#2664, eff 3-30-84, EXPIRED 3-30-90
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
#6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08; ss by #9310, eff 11-23-08 (from He-C 4002.11); ss by #12046, INTERIM, eff 11-19-16; ss by #12174, EMERGENCY RULE, eff 5-17-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.10); ss by #14356, eff 9-22-25, EXPIRES: 9-22-35 (formerly He-C 4002.45)

Part He-C 4003 Youth Recreation Camps

N.H. Code Admin. R. Ann. He-C 4003.01 Purpose. {#sec-he-c-4003.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.01}

The purpose of this part is to set forth minimum standards for housing, health, safety, and sanitary conditions for children attending youth recreation camps (YRC) in New Hampshire (NH).

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.02 Applicability {#sec-he-c-4003.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.02}

(a) All persons, corporations, trusts, authorities, government agencies, political subdivisions, or any other entities shall comply with the requirements of He-C 4003 to operate a YRC in NH.

(b) The definitions in He-C 4003.03 shall apply throughout this part.

(1) All YRCs as defined herein; and

(2) Any organization or program exempt from licensing under RSA 170-E:3, I, that chooses to apply for and obtain a license under these rules.

(d) Except as provided in (c)(2), the rules in He-C 4003.03 through He-C 4003.43 shall not apply to:

(1) Any child day care agency as defined in RSA 170-E:2, IV; or

(2) Places, entities, and programs exempt from licensing under RSA 170-E:3, I.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.03 Definitions {#sec-he-c-4003.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.03}

(a) “Activity leader” means an individual volunteering for or contracted with the YRC to oversee a specific activity, the purpose of which is to teach a skill, such as horseback riding, archery, or a craft.

(b) “Applicant” means an individual, agency, partnership, corporation, government entity, association, or other legal entity seeking a license to operate a YRC pursuant to RSA 170-E.

(c) “Authorized staff” means a licensed practitioner or YRC staff with the authority to administer medication to campers as specified in He-C 4003.40.

(d) “Camp administrator” means the individual responsible for the operation and management of a YRC.

(e) “Camp director” means the individual in charge of the day-to-day operations of a YRC while in session, and who may be the same individual as the camp administrator.

(f) “Camp facilities” means all the structures at a YRC, whether temporary or permanent, used by YRC staff or campers for sleeping, eating, personal hygiene, recreation, instruction, health care, or camp management, or any combination thereof.

(g) “Camper” means any youth enrolled in a YRC.

(h) “Camper with a disability” means a camper who, for any physical, psychological, or developmental reason, has one or more counselors assigned to work specifically with them.

(i) “Certified as an emergency medical responder” means certified as an emergency medical responder:

(1) By the United States Department of Transportation (USDOT); or

(2) Through a different nationally recognized course whose standards are no less stringent than the certification standards of the USDOT.

(j) “Certified in first aid and CPR” means certified in adult and pediatric first aid, and cardiopulmonary resuscitation (CPR):

(1) By the American Red Cross; or

(2) Through a different nationally recognized course whose standards are no less stringent than the certification standards of the American Red Cross.

(k) “Certified in wilderness and remote first aid” means certified in wilderness and remote first aid:

(1) By the American Red Cross; or

(2) Through a different nationally recognized course whose standards are no less stringent than the certification standards of the American Red Cross.

(l) “Communicable disease” means “communicable disease” as defined in RSA 141-C:2, VI.

(m) “Counselor” means an individual who is responsible for the direct supervision of campers and the supervision and training of counselors-in-training or junior counselors, or both.

(n) “Counselor-in-training (CIT)” means an individual who works directly with campers only under the supervision of a counselor.

(o) “Corrective action plan” means a written proposal setting forth the procedures by which a YRC will come into compliance with the requirements set by rules adopted by the commissioner under RSA 541-A, and subject to the approval of the unit. Corrective action plans include the time needed to assure compliance and the steps proposed by the YRC to reach compliance.

(p) “Day” means calendar day unless otherwise specified.

(q) “Day camp” means a YRC that operates for less than 24 hours per day.

(r) “Department” means the department of health and human services.

(s) “Emergency medical services” means “emergency medical services” as defined in RSA 153-A:2, VI.

(t) “Infirmary” means the area designated at a YRC for on-site medical care of campers and YRC staff.

(u) “In operation” means campers are in attendance at a YRC.

(v) “Junior counselor (JC)” means an individual who works directly with campers only under the supervision of a counselor.

(w) “Licensed practitioner” means any of the following individuals who is licensed in the state of NH:

(1) Medical doctor;

(2) Physician’s assistant;

(3) Advanced practice registered nurse (APRN);

(4) Doctor of osteopathy;

(5) Doctor of naturopathic medicine;

(6) Registered nurse (RN); or

(7) Licensed practical nurse (LPN).

(x) “Off-site overnight camping” means any venture that:

(1) Involves a recreation activity, including but not limited to hiking, climbing, biking, canoeing, horseback riding, water activities, camping, and tenting;

(2) Occurs for the duration of one night or longer; and

(3) Occurs outside of the normal sleeping quarters of the YRC.

(y) “Person” means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.

(z) “Public water system (PWS)” means “public water system” as defined in RSA 485:1-a, XV.

(aa) “Recreation camp” means “recreation camp” as defined in RSA 170-E: 55, I namely, “any place set apart for recreational purposes for children. It shall not apply to group child day care cents and preschool programs as defined in RSA 170-E:2, private camps owned or leased for individual or family use, or to any camp operated for a period of less than 10 days in a year”. This term includes “youth recreation camp (YRC)”.

(ab) “Reportable disease” means a communicable disease, as defined in RSA 141-C:2, VI, required to be reported to the commissioner of the department pursuant to RSA 141-C:7 and He-P 301.02.

(ac) “Residence camp” means a YRC that operates for 4 or more consecutive 24-hour days.

(ad) “Season” means the period(s) of time in the licensing year during which a seasonal YRC plans to operate and does operate.

(ae) “Seasonal camp” means a YRC that is not a year-round camp.

(af) “Serious injury” means an injury that requires outside emergency medical treatment or hospitalization.

(ag) “State fire code” means “state fire code” as defined in RSA 153:1, VI-a.

(ah) “Statement of findings” means a written report issued by the unit which details the findings of a visit or an investigation conducted by the unit.

(ai) “Unit” means the child care licensing unit within the department of health and human services.

(aj) “Year-round camp” means a YRC that operates during each calendar quarter of the year.

(ak) “Youth” means individuals who are under 18 years of age. This term includes “child”, “children”, and “minor”.

(al) “YRC owner” means the person or entity that owns and is responsible for the operation and management of a YRC.

(am) “YRC staff” means the individuals employed by, contracted with, or volunteering for a YRC, to:

(1) Manage the camp, including office personnel, managers, and kitchen and maintenance staff; and

(2) Work directly with campers, including counselors, counselors in training, junior counselors, activity leaders, instructors, and licensed practitioners.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.04 License Required {#sec-he-c-4003.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.04}

(a) As specified in RSA 170-E:56, I:

(1) No person shall for profit or for charitable purposes operate any YRC without a license issued by the department; and

(2) The license to operate a year-round camp required by RSA 170-E:56 shall be good only for the calendar year in which it is issued.

(b) Any person or entity that is licensed as a child care program in accordance with He-C 4002, or exempt from licensure pursuant to RSA 170-E:3, I shall be exempt from licensure under He-C 4003.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.05 YRC License Application Requirements {#sec-he-c-4003.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.05}

(a) Each applicant for a YRC license shall either apply online via the “NH Childcare Information System (NHCIS)” portal at https://new-hampshire.my.site.com/nhccis/s/login/, or submit the following information to the unit:

(1) The name of the YRC;

(2) The location where the YRC operates in NH, by street address and municipality;

(3) The name, primary mailing address, daytime telephone number, emergency telephone number, and e-mail address of the camp administrator ;

(4) Whether the YRC has operated previously in NH, and if so the following information:

a. A list showing the year(s) the YRC operated;

b. For each year, the name under which the YRC operated, if different from the name in which the current application is being made; and

c. Whether the YRC’s license has ever been suspended or revoked;

(5) The capacity of the YRC, as follows:

a. Maximum number of campers per camp session; and

b. Number of YRC staff;

(6) Whether the YRC is a seasonal camp or a year-round camp;

(7) Whether the YRC is a day camp or a residential camp;

(8) For a seasonal camp, the opening date and closing date for campers;

(9) For a seasonal camp, the camp administrator’s seasonal mailing address(es) and daytime telephone number(s) if different than their primary mailing address, or phone number as requested in (a)(3) above;

(10) Whether the camp prepares or serves food to the campers or staff;

(11) The name of each lake or river, if any, on which the YRC is located; and

(12) The address of each YRC website and social media network site, if any.

(b) In addition to the application in (a) above, the applicant shall submit to the unit the following attachments:

(1) A notarized Form 2501 “DCYF Central Registry Name Search Authorization Release of Information to Third Party” (June 2020), as described in He-C 4003.17(b)(3), for the camp administrator and camp director;

(2) The criminal history record check results of the camp administrator and camp director from each state where the camp administrator and camp director have lived, which may be done through a national database if the database includes all such states;

(3) Results of the check of the national sex offender registry for the camp administrator and the camp director;

(4) Documentation that the camp director meets the requirements specified in He-C 4003.15;

(5) The fee required by RSA 170-E:56, I, made payable to “Treasurer, State of New Hampshire”;

(6) If applicable, proof of authorization from the NH secretary of state to do business in the state of NH in the form of one of the following:

a. “Certificate of Authority,” if a corporation;

b. “Certificate of Formation,” if a limited liability corporation; or

c. “Certificate of Trade Name,” where applicable; and

(7) A YRC checklist, consisting of a list of the operating standards that apply to the YRC that shall indicate the status of the YRC’s compliance with each requirement specified in He-C 4003.13 through He-C 4003.41, as follows:

a. A status of “YES” means the YRC complies with the requirement;

b. A status of “PENDING” means the YRC does not comply with the requirement as of the application date but will be brought into compliance prior to the arrival of campers; and

c. A status of “NO” means the YRC does not currently comply with the requirement and does not have a plan to come into compliance prior to the arrival of campers.

(c) For any standard marked as “PENDING” or “NO” on the YRC checklist, the applicant shall provide a narrative explanation of the reason(s) for the non-compliance and:

(1) A brief description of the plan(s) to bring the YRC into compliance; or

(2) A request for a waiver of the requirement as specified in He-C 4003.42.

(d) The submission of the application in accordance with (a) above shall constitute that the YRC owner or designee certifies that:

(1) The information provided in and with the application is true, complete, and not misleading to their knowledge and belief; and

(2) They understand that any license granted based on false, incomplete, or misleading information shall be subject to suspension or revocation.

(e) The applicant shall file the complete application with attachments at least 60 days prior to the opening of the YRC.

(f) If the applicant for a YRC license chooses to provide the unit with a written complete application, they shall submit it to the unit at the following address:

Department of Health and Human Services

Child Care Licensing Unit

129 Pleasant Street

Concord, NH 03301-3857

(g) A license shall not be transferable to a new owner or new location.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.06 Application Processing {#sec-he-c-4003.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.06}

(a) An application shall not be considered complete until all of the information requested in He-C 4003.05 is received by the unit.

(b) Upon receipt of an application, the unit shall review the application to determine whether the application is complete.

(c) In accordance with RSA 541-A:29, I, if the application is not complete the unit shall notify the applicant in writing no later than 30 days of receipt of the application of what is required to complete the application.

(d) Any outstanding corrective action plan, as required in He-C 4003.09(d), for identified area(s) of non-compliance with rule or statute shall be considered additional information under (c) above, and shall be required for the application to be complete.

(e) Upon notifying an applicant that the application is not complete, the unit shall suspend further processing of the application pending receipt of the information missing from the application.

(f) Pursuant to RSA 541-A:29, the unit shall approve or deny an application, petition, or request within 60 days from receipt of a complete application, petition, or request, inclusive of any additional request by the unit.

(g) The unit shall approve or deny waiver requests within 60 days of receipt of a waiver request.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.07 Approval Criteria {#sec-he-c-4003.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.07}

(a) The unit shall approve a YRC license application for a previously licensed YRC if:

(1) The applicant submitted a complete application;

(2) The camp administrator and camp director is not on the DCYF central registry for abuse and neglect or the national sex offender registry, and the criminal record history for the camp administrator and camp director does not include any criminal conviction for any offense involving:

a. Causing or threatening direct physical injury to any individual;

b. Causing or threatening harm of any nature to any youth; or

c. Unlawfully taking property of another, whether through force or threat of force or through deception;

(3) The information supplied by the applicant shows that the YRC:

a. Is in compliance with applicable requirements specified in He-C 4003.13 through He-C 4003.41, or will be in compliance prior to campers arriving at the YRC; or

b. Is being granted a waiver of the requirement pursuant to He-C 4003.42;

(4) The YRC’s license has not been suspended or, if the license has been suspended, the condition(s) which resulted in the reason(s) for the suspension have been corrected or will be addressed as specified in (3), above; and

(5) The YRC has no outstanding non-compliances identified during an inspection conducted in accordance with this part.

(b) The unit shall approve a YRC license application for a YRC that has not previously been licensed under these rules if:

(1) The criteria specified in (a)(1)-(3) above, are met; and

(2) The pre-season inspection demonstrates compliance with He-C 4003.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-245 EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.08 Issuance of YRC License {#sec-he-c-4003.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.08}

(a) If the application is approved, the department shall issue a YRC license to the applicant that contains the following information:

(1) The YRC license number as assigned by the unit;

(2) The name of the YRC owner;

(3) Citations to department statutes and rules that apply to the YRC’s operation;

(4) The name of the YRC;

(5) The location of the YRC by street and municipality;

(6) The effective date of the license; and

(7) The signature of the department’s chief legal officer, or designee.

(b) The camp administrator or camp director shall post the YRC license in a prominent place where it is visible to interested parties, such as state and local officials and parents or legal guardians of campers, the central YRC office, or where official camp notices are posted.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.09 Inspection of YRC Facilities, Statement of Findings, and Corrective Action Plans {#sec-he-c-4003.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.09}

(a) As specified in He-C 4003.07(b)(2), unit staff shall inspect a YRC that has not previously been licensed in NH prior to the issuance of a YRC license.

(b) Unit staff shall inspect each licensed YRC, while the YRC is in operation, to determine compliance with He-C 4003.

(d) If the statement of findings issued pursuant to (c) above identifies one or more areas of non-compliance with He-C 4003, the camp administrator or camp director shall submit a corrective action plan within 21 days, that includes the following:

(1) The action the YRC has taken or will take to correct the area(s) of non-compliance;

(2) The steps the YRC will take to ensure compliance with these rules and the applicable statutes in the future;

(3) The date by which the YRC corrected or will correct each of the non-compliances; and

(4) The interim measures the YRC has implemented to protect the health and safety of campers, when the non-compliance cannot be corrected immediately.

(e) The corrective action plan shall not include the names of individuals.

(f) When the corrective action plan submitted to the unit by the YRC in accordance with (d) and (e) above is not acceptable for correcting the non-compliance, the unit shall issue a directed corrective action plan to the YRC.

(g) When the unit determines that there is an imminent threat to the health or safety of campers, it shall issue a directed corrective action plan to the YRC without first offering the YRC an opportunity to take corrective action or submit a corrective action plan.

(h) YRCs shall comply with approved corrective action plans and directed corrective action plans.

(i) YRCs may request informal dispute resolution when they disagree with an area of non-compliance issued by the unit on a statement of findings.

(j) When requesting informal dispute resolution, the YRC shall:

(1) Submit a written notice to the unit requesting informal dispute resolution no later than 14 days from the date of issuance of the statement of findings; and

(2) Include in the notice the reason(s) why the YRC believes that the unit erroneously cited the area(s) of non-compliance as noted in the statement of findings.

(k) The unit shall provide a written notice of decision within 30 days from receipt of the request and receipt of any information provided to support the reasons for the dispute.

(l) Informal dispute resolution shall not be an option for any applicant or licensee against whom the unit has imposed an administrative fine, or initiated action to suspend, revoke, deny, or refuse to issue or renew a license.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.10 Enforcement Action and Administrative Appeals {#sec-he-c-4003.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.10}

(a) The department shall deny an application, suspend, or revoke a license in accordance with RSA 170-E:68 if the YRC:

(1) Neglects or abuses children in care;

(2) Does not comply with RSA 170-E:53-a through RSA 170-E:69 or He-C 4003;

(3) Violates any provision of RSA 170-E:53-a through RSA 170-E:69 , or is unable to meet and maintain compliance with He-C 4003;

(4) Substantially or repeatedly violates any provisions of the license issued;

(5) Furnishes or makes any misleading or any false statement or report to the department ;

(6) Refuses or fails to submit any reports or to make available to the department any records required by it in making an investigation of the facility for licensing purposes;

(7) Refuses or fails to submit to an investigation or to the required visits by the department;

(8) Refuses or fails to admit authorized representatives of the department at any time the camp is in operation for the purpose of investigation or visit;

(9) Fails to provide, maintain, equip, and keep in safe and sanitary condition premises established or used for recreation camps as required in He-C 4003 or as otherwise required by any law, rule, ordinance, or term of the license applicable to the location of such facility; or

(10) Retaliates against an employee who in good faith reports a suspected violation of RSA 170-E:53-a through RSA 170-E:69 and He-C 4003.

(b) The department shall notify applicants or licensees of a decision of the department to deny, revoke, or suspend a license of their right to an administrative hearing in accordance with RSA 541-A:30, RSA 541-A:31, and the provisions of He-C 200 applicable to adjudicative proceedings.

(c) Any licensee who has been notified of the department’s intent to revoke or suspend a license may continue to operate during the appeal process except as specified in (d) below.

(d) When the department includes in its notice of revocation or suspension an order of immediate closure, pursuant to RSA 541-A:30, III, the YRC shall immediately terminate its operation and not operate while an administrative hearing is pending, except under court order or as provided by RSA 541-A:30, III.

(e) Any suspension of a license for which an administrative hearing has not been requested, or any suspension of a license that has been upheld by an administrative hearing shall remain in effect until the department notifies the YRC whose license was suspended that the suspension has been removed because the non-compliance which resulted in the suspension is corrected.

(f) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 170-E, RSA 541-A, He-C 4003, or other applicable rule or law.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.11 Complaints and Investigations {#sec-he-c-4003.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.11}

(a) The department or unit shall investigate any complaint that meets the following conditions:

(1) The complaint is based upon the complainant’s first-hand knowledge regarding the allegation(s) or on information reported directly to the complainant by a person who has first-hand knowledge regarding the allegation(s); and

(2) There is sufficient specific information for the department or unit to determine that the allegation(s), if proven to be true, would constitute a violation of any of the provisions of RSA 170-E or He-C 4003.

(b) When practicable, the complaint shall be in writing and contain the following information:

(1) The name and address of the YRC, or the alleged unlicensed individual or entity;

(2) The name, address, and telephone number of the complainant; and

(3) A description of the situation that supports the complaint and the alleged violation(s) of RSA 170-E or He- C 4003.

(c) Investigations shall include all techniques and methods for gathering information, which are appropriate to the circumstances of the complaint, including:

(1) Requests for additional information from the complainant or the licensee;

(2) A physical inspection of the premises;

(3) Review of any records that might be relevant, including video recordings if applicable and available; and

(4) Interviews with individuals who might have information that is relevant to the investigation.

(d) For the licensed YRC, the unit shall:

(1) Provide written notification of the results of the investigation to the licensee along with a statement of findings if areas of non-compliance with He-C 4003 were found as a result of the investigation;

(2) Notify any other federal, state, or local agencies of the alleged non-compliance of their statutes or rules based on the results of the investigation, as appropriate;

(3) Notify the licensee in writing and take no further action if the unit determines that the complaint is unfounded; and

(4) If applicable, require the licensee to submit a corrective action plan in accordance with He-C 4003.09.

(e) For the unlicensed individual or entity, the department shall provide written notification to the camp administrator, camp director, or person responsible that includes:

(1) The date of the inspection;

(2) The reasons for the inspection; and

(3) Whether the inspection resulted in a determination that the services being provided require licensing under RSA 170-E:56, I.

(f) The unlicensed individual or entity shall be allowed 3 days from the date of receipt of the notice required by (e) above to respond to a finding that they are operating without a license or submit a completed application for a license in accordance with He-C 4003.

(g) If the unlicensed individual or entity does not comply with (f) above, or if the department does not agree with the response, the department shall issue a written warning immediately to comply with RSA 170-E:56, I and He-C 4003.

(h) Any unlicensed individual or entity who fails to comply after receiving the notice in (e) and (f), shall be subject to action by the department for injunctive relief under RSA 170-E:65.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.12 Confidentiality {#sec-he-c-4003.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.12}

(a) The department shall keep confidential all information submitted by the YRC during the application process and any records in its possession regarding the admission, progress, health, and discharge of campers.

(b) The exceptions to the release of information submitted during the application process referenced in (a) above shall be:

(1) Upon the department’s receipt of a written request from the applicant, licensee, or their designated legal representative to release to the requestor information obtained during the application process, except for information pertaining to background checks; or

(2) During an administrative proceeding against the applicant or licensee.

(c) In an adjudicative proceeding, any oral or documentary evidence may be received and shall not be considered confidential, including, but not limited to information obtained during regular investigations and complaint investigations. Information submitted during an adjudicative proceeding shall be subject to rules of privilege recognized by law and any protected health information shall be de-identified.

(d) Complaint investigation files shall be confidential in accordance with RSA 170-E:69 and shall not be disclosed publicly.

(e) The complaint investigation files in (d) above shall only be released by the department, by written request:

(1) To the department of justice when relevant to a specific investigation;

(2) To law enforcement when relevant to a specific criminal investigation;

(3) When court of competent jurisdiction orders the department to release such information; or

(4) To any party or intervenor in connection with an adjudicative proceeding relative to the licensee.

(f) Applicants, licensees, and all YRC staff shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of campers under their care and all protected health information, and personally identifiable information.

(g) The department shall have access to all YRC records required by rule or statute to be kept, as necessary, to determine compliance with He-C 4003.

(h) YRC staff shall release information regarding a specific camper only as directed by a parent or guardian of that camper, upon receipt of written authorization to release such information, signed by the parent or guardian of the camper.

(i) In addition to the confidentiality requirements above, YRC staff shall discuss or share information regarding the admission, progress, behavior, health, or discharge of a camper with the camper’s parent(s) or guardians(s) in a manner that protects and maintains confidentiality for both the camper and the camper’s parent(s) or guardian(s).

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.13 Duties and Responsibilities of the YRC {#sec-he-c-4003.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.13}

(a) The YRC shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances.

(b) The YRC shall abide by the provisions specified on the license.

(c) Records for all staff and campers and written policies required by He-C 4003 shall be maintained on file and on the premises for review or provided within 48 hours of a request by the unit.

(d) The YRC shall retain all records required by He-C 4003 for 2 years from the date created or obtained.

(e) The YRC shall have and implement policies and procedures prohibiting abuse, neglect, corporal punishment, rough handling, or other harsh treatment of campers by YRC staff.

(f) The YRC shall cooperate with the unit during all inspections and complaint investigations, including but not limited to inspecting the facilities, reviewing records required pursuant to (d) above, and providing the identity of and contact information for parents of campers currently or previously enrolled in the camp who may have information relevant to the investigation.

(g) The YRC staff shall not:

(1) Make false or misleading statements to the department or unit, whether verbal or written; or

(2) Falsify any documents, other written information, or reports issued by or required by the department under He-C 4003.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.14 Notice and Reporting Requirements {#sec-he-c-4003.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.14}

(a) A licensee shall notify the unit via the NHCIS portal, or in writing via email:

(1) Within 2 business days when there is a change in mailing address, email address, or phone number; and

(2) Within 48 hours of a camper sustaining a serious injury, pursuant to He-C 4003.03(ad).

(b) A YRC shall notify the unit in writing via email:

(1) Prior to changing the name of the YRC or advertising under a new name, so that the unit can issue a revised license reflecting the name change;

(2) Within 5 business days prior to the vacancy, when known, or within 5 business days of the date of the vacancy of the camp administrator or camp director;

(3) Within 24 hours when the licensee voluntarily ceases operations;

(4) Within 24 hours of any changes in operation due to an emergency, such as a natural disaster;

(5) No later than the next business day after calling law enforcement or emergency responders to the YRC for incidents or events involving campers, except as required in (6) below;

(6) Within 24 hours after searching the buildings and grounds and determining that a camper is or was missing; and

(7) Within 24 hours of the death of a camper and provide the unit a written report within 72 hours, detailing the circumstances that led up to the death.

(c) As mandated reporters, all YRC staff shall report to DCYF at 1-800-894-5533 if they suspect that a youth is being abused or neglected, in accordance with RSA 169-C:29.

(d) The YRC shall notify the parent(s) or guardian(s) of a camper immediately:

(1) When it identifies suspected abuse or neglect of a camper by YRC staff or that abuse or neglect occurred while in the care of the YRC;

(2) When a camper sustains a serious injury;

(3) After calling the police when the YRC determines that the camper is missing after searching the buildings and grounds;

(4) When a camper was the victim of corporal punishment, rough handling, or other harsh treatment by YRC staff;

(5) When staff has administered epinephrine to a camper; and

(6) When a camper dies while under the care of the YRC.

(e) In addition to (d) above, the YRC shall have and implement policies and procedures to include when and how the YRC will contact parents or guardians when their child needs to be removed from the YRC due to illness, in accordance with He-C 4003.39 and He-C 4003.40.

(f) Day camps shall notify parents or guardians upon picking up their child that the child has ingested or had contact with a known allergen that did not require administration of epinephrine or calling emergency responders.

(g) Within 48 hours of the incidents described in (d) above, the camp administrator, camp director, or designee shall provide to the parents or guardians of the camper or campers involved, a written description of the incident, including how the YRC staff responded.

(h) In addition to the circumstances for notifying emergency services as prescribed in first aid and CPR training, the camp administrator, camp director, or designee shall notify the police or emergency services:

(1) In the event of a missing camper;

(2) Immediately whenever epinephrine is administered to a camper and YRC does not have medical staff; and

(3) Immediately when a camper dies.

(i) The department shall notify the camper’s parents or guardians when it is determined that a camper was the victim of abuse, neglect, corporal punishment, or other harsh treatment by YRC staff or while in the care of YRC staff, if a camper was injured because they were not supervised, or if the camper’s health, safety, or well-being was otherwise jeopardized due the YRC’s non-compliance with licensing rules and statutes.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.15 Camp Directors {#sec-he-c-4003.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.15}

(a) Each YRC shall have a camp director who is at least 21 years of age.

(b) The camp director of a residence camp shall have at least 2 seasons of previous administrative or supervisory experience in residential youth recreation camping.

(c) The camp director of a day camp shall have at least 2 seasons of previous administrative or supervisory experience in youth recreation camping, youth education and development, or other youth recreation programs.

(d) No individual shall be a camp director who has a criminal conviction for any offense involving:

(1) Causing or threatening direct physical injury to any individual;

(2) Causing or threatening harm of any nature to any youth; or

(3) Unlawfully taking property of another, whether through force, threat of force, or deception.

(e) No individual shall be a camp director who is listed on the central registry of founded reports of abuse and neglect.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.16 Counselors, Counselors-In-Training, and Junior Counselors {#sec-he-c-4003.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.16}

(a) At least 80 percent of all counselors at a residence camp shall be 18 years of age or older.

(b) At least 80 percent of all counselors at a day camp shall:

(1) Be 16 years of age or older; and

(2) Be at least 2 years older than the campers with whom they are working.

(c) Each counselor, CIT, and JC shall attend a comprehensive training program provided by or through the YRC before commencing any activities with campers.

(d) The YRC shall have and implement policies and procedures for staff supervision of campers, including requirements and procedures for overnight supervision of campers, as applicable.

(e) Residence camps shall have a minimum staff to camper ratio as follows:

(1) One staff for every 6 campers ages 5 years to 8 years;

(2) One staff for every 8 campers ages 9 years to 14 years; and

(3) One staff for every 10 campers ages 15 years to 17 years.

(f) Day camps shall have a minimum staff to camper ratio of one staff to 15 campers.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.12)

N.H. Code Admin. R. Ann. He-C 4003.17 Verification of Staff Qualifications {#sec-he-c-4003.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.17}

(a) The YRC owner or camp administrator shall verify that the camp director meets the qualifications specified in He-C 4003.15.

(b) Subject to (c) through (f), below, the camp administrator or camp director shall require all YRC staff, as defined in He-C 4003.03(al), to:

(1) Authorize or submit the results of a criminal background check in each state where the YRC staff member has lived, which may be done through a national database if the database includes all such states;

(2) Authorize or submit the results of a check of the National Sex Offender Registry;

(3) For each YRC staff who currently resides, or has resided in NH during the previous 7 years, complete and submit a notarized Form 2501 “DCYF Central Registry Name Search Authorization Release of Information to Third Party" (June 2020) certifying that:

“I acknowledge that the results of this search can only be released to myself or a Child-Placing Agency pursuant to NH RSA 170-E, the Department of Health and Human Services pursuant to RSA 170-G:8-c, or another state’s Child Welfare Agency or Private Adoption Agency pursuant to NH RSA 169-C:35. I understand and authorize the results of this search to be provided to the person/agency listed below if in compliance with the aforementioned laws. Any entity listed below that is not governed under these laws will not be sent the results”; and

(4) Provide references and a listing of all previous employment and volunteer positions.

(c) Any counselor, CIT, or JC who is younger than 18 years old who will be left alone with youth, in lieu of the background check requirements specified in (b)(1) above, shall provide at least 2 references to the YRC.

(d) One reference shall be from a non-relative, and attest to:

(1) Their knowledge of the minor’s character;

(2) Whether the minor has caused or threatened to cause direct physical injury to any other individual, or harm of any nature, to any youth; and

(3) Their opinion on whether the minor is a good candidate to work directly with campers.

(e) The background check required to obtain a VISA for a counselor, CIT, or JC who enters the United States under the auspices of any international counselor exchange program shall meet the requirements of (b) above.

(f) The YRC shall accept the background check required for licensure for any licensed practitioner who holds a current license as proof of compliance with (b)(1) above. If the background check required for an applicant who is a licensed practitioner does not include a check of the national sex offender public registry, then the owner or designee, camp administrator, or camp director shall check the licensed practitioner’s name against the national sex offender public registry prior to employing the applicant.

(g) For any YRC that is a certified provider under RSA 170-G:4, XVIII, the background check required for such certification may be used to satisfy the requirement of (b)(1) above.

(h) The camp administrator or camp director shall:

(1) Review the results of the background checks and certifications;

(2) Review the submitted references and previous employment and volunteer information and check enough to become satisfied as to the individual’s suitability to work at the YRC; and

(3) Conduct a personal interview with each individual hired or otherwise engaged as YRC staff.

(i) A YRC shall not employ, or otherwise engage YRC staff, who:

(1) Has a criminal conviction for any offense involving:

a. Causing or threatening direct physical injury to any individual;

b. Causing or threatening harm of any nature to any youth; or

c. Unlawfully taking property of another, whether through force, threat of force, or deception; or

(2) Is listed on the central registry of founded reports of abuse and neglect; or

(3) Is listed on the National Sex Offender Registry.

(j) An applicant may begin employment pending the receipt of notice regarding the check of the NH central registry for child abuse and neglect, provided the applicant has passed all other required background checks specified in He-C 4003.

(k) The applicant referenced in (j) above shall never be alone with campers pending the YRC’s receipt and review of the results of the NH central registry check required in accordance with (h) and (i) above.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.14)

N.H. Code Admin. R. Ann. He-C 4003.18 Sleeping Areas; Privacy Areas {#sec-he-c-4003.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.18}

(a) For purposes of this section, the following definitions shall apply:

(1) “Privacy area” means a designated private or semi-private area at a camp, such as a room or other space that has permanent or temporary side walls, in which campers or YRC staff are expected to undress or change clothes. The term includes sleeping areas and changing areas associated with showers or other bathing facilities, or with swimming, boating, or other athletic facilities;

(2) “Session” means a period of time established by the camp administrator or camp director for which a camper is enrolled at a camp; and

(3) “Sleeping area” means a tent, cabin, room, or other designated private or semi-private area at a residence camp in which an individual is intended to sleep.

(b) Subject to (c), below, no member of the YRC staff, including the camp director, counselors, activity leaders, instructors, licensed practitioners, office personnel, managers, kitchen staff, and maintenance staff, shall enter a privacy area unless:

(1) The privacy area is a sleeping area to which the YRC staff member is assigned;

(2) Such entry is necessary to protect the health and safety of the occupants, such as in the case of a fire or a situation requiring urgent medical attention; or

(3) The YRC staff member first announces their intent to enter and proceeds only after the occupants give audible approval.

(1) The YRC staff member enters the privacy area at the same time as the campers in order to assist a camper with a disability;

(2) The other campers are aware of the YRC staff member’s presence and have the opportunity to wait until the YRC staff member departs to disrobe or are otherwise provided privacy in which to disrobe; and

(3) The camp has a written policy in place to ensure the safety of the campers in such situations and specifically covers the policy in the training provided pursuant to He-C 4003.16(c).

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.15)

N.H. Code Admin. R. Ann. He-C 4003.19 Camp Facilities {#sec-he-c-4003.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.19}

(a) All camp facilities and grounds shall be maintained in good repair to ensure safe and sanitary conditions.

(b) Ventilation in camp facilities shall provide a movement of air to assure the comfort and protection of the occupants.

(c) Doors, windows, and other outer openings of camp facilities used for food storage, preparation, or consumption shall be equipped with screens with a mesh having at least 18 strands by 16 strands per square inch in all but the following circumstances:

(1) First floor windows if designated for use as emergency egress;

(2) Doors which are opened for normal or emergency ingress or egress; and

(3) Any other time when such openings are ajar for a specific purpose at such times of the day or seasons of the year so as not to allow insects into the affected room(s).

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.16)

N.H. Code Admin. R. Ann. He-C 4003.20 Vehicles {#sec-he-c-4003.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.20}

Any vehicle used to transport campers shall meet the applicable safety and operator requirements established by the NH department of safety.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.17)

N.H. Code Admin. R. Ann. He-C 4003.21 Sleeping Areas {#sec-he-c-4003.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.21}

(a) Each permanent building in which individuals sleep shall demonstrate compliance with applicable provisions of the state life safety code through an inspection undertaken pursuant to He-C 4003.29.

(b) Sleeping areas in buildings shall meet the following criteria:

(1) Sleeping units shall be arranged to provide a minimum floor area ratio of 40 square feet per single bunk and 60 square feet per double bunk;

(2) Suitable protection shall be provided against insects;

(3) A distance of at least 6 feet shall be provided between the heads of sleepers; and

(4) A distance of at least 30 inches shall be provided between the sides of 2 adjacent beds.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.22 Assembly Areas {#sec-he-c-4003.22 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.22}

Assembly areas shall comply with applicable provisions of the state life safety code.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.19)

N.H. Code Admin. R. Ann. He-C 4003.23 Water Supply and Septic Systems {#sec-he-c-4003.23 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.23}

(a) Water used at the YRC for drinking, food preparation, and cleanup shall comply with the drinking water standards for bacteria and nitrates specified in Env-Dw 700.

(b) No cross-connection shall exist between approved and unapproved sources of water supply. Fixtures shall be constructed as to involve no interconnections and no hazard of back-siphonage, as specified in Env-Dw 505.

(c) All plumbing, including drinking water fountains, shall conform to the applicable requirements of the state building code as established in RSA 155-A.

(d) If the YRC does not receive drinking water from a PWS, the YRC’s source of drinking water shall be:

(1) Located to avoid contamination from buildings or wastewater disposal, if a surface water source; or

(2) Constructed in accordance with the standards for drinking water wells established by the NH water well board in We 100-1000.

(e) Drinking water shall not be obtained from a source by dipping or drawing by a bucket.

(f) The distance between the YRC water supply and sanitary waste disposal shall meet the criteria set forth in Env-Wq 1000 unless the commissioner of the department of environmental services grants a waiver pursuant to Env-Wq 1001.03.

(g) A seasonal camp with its own independent water supply that is not considered to be a public water system as defined in RSA 485:1-a, XV and confirmed by the NH department of environmental services (NHDES) shall have its drinking water analyzed for bacteria and nitrates within 30 days prior to the opening date of the camp season.

(h) A year round camp with its own independent water supply that is not considered to be a public water system as defined in RSA 485:1-a, XV and confirmed by the NHDES shall have its drinking water analyzed for:

(1) Bacteria every 3 months; and

(2) Nitrates annually.

(i) The analyses required by (g) or (h), above shall be conducted by a laboratory accredited under the environmental laboratory accreditation program in accordance with Env-C 300.

(j) The results of the analyses shall be kept on file for review by the department.

(k) A YRC that does not have a public water system as described in (g) and (h) above whose water test results has exceeded the maximum contaminant levels established in Env-Dw 700 or action levels established in Env-Dw 714 shall immediately contact the unit to report that finding and provide the unit with a plan for how it will ensure that campers will not be at risk from exposure to the unsafe water.

(l) Within 30 days of the date the YRC learns that they have failed a water test as described in (k) above, the YRC shall submit to the unit a corrective action plan in accordance with He-C 4003.09(d) and (e).

(m) The unit shall extend the deadline in (l) above if it determines that the YRC can demonstrate that it has made a good faith effort to develop and submit the corrective action plan within the 30-day period but has been unable to do so and that the health, safety, or well-being of campers will not be jeopardized by granting the extension.

(n) When a YRC fails to submit a written proposed corrective action plan within 30 days of receiving the unacceptable test result under (l) above, the department or unit shall initiate action to suspend the license or permit in accordance with He-C 4003.10(e), which shall remain in effect until such time as laboratory results meeting those requirements are received by the unit and the department or unit notifies the YRC that it may resume operations under the license.

(o) A YRC shall ensure that there are functional sewage disposal facilities.

(p) A YRC whose septic system is showing signs of failure, which cannot be immediately repaired, shall immediately provide an interim corrective action plan to the unit and the local health officer, which includes a timeline for repairs and how it will ensure that campers will not be exposed to any risks from the failing septic system.

(q) If a YRC determines that it cannot comply with the timeline for repairs as required in (p) above, it shall request an extension from the unit.

(r) The unit shall grant the extension in (q) above if the YRC provides a written plan for completion of the repairs, and the safety and well-being of the campers is maintained.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.20)

N.H. Code Admin. R. Ann. He-C 4003.24 Natural Waters, Beaches, Swimming Pools, and Water Activities {#sec-he-c-4003.24 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.24}

(a) A beach that is part of the YRC property shall meet the following health criteria:

(1) The shore shall be free of litter;

(2) Domestic animals shall be prohibited from the beach and swimming area; and

(3) Detergents, personal bathing, and vehicle washing shall be prohibited in the water.

(b) Beach structures shall meet the following criteria:

(1) Diving boards shall:

a. Be firmly affixed to a dock or float; and

b. Have a top surface that is slip-resistant; and

(2) Docks, floats, and platforms shall be maintained in good repair so that they are free of splinters, cracks, sharp edges, or protruding hardware.

(1) A first-aid kit shall be available onsite, equipped with such items as lifeguard staff deem necessary to address emergency situations that are likely to occur;

(2) All water activities shall be permitted only under the supervision of an American Red Cross certified lifeguard or another individual certified in an equivalent national recognized course having standards no less stringent than the lifeguard course offered by the American Red Cross;

(3) There shall be one certified lifeguard for every 25 campers participating in water activities;

(4) There shall be at least one YRC staff member or certified lifeguard for each 10 campers participating in water activities;

(5) There shall be a safety accounting system in place for supervising and checking campers participating in water activities;

(6) A check of campers participating in water activities shall be made at least every 15 minutes and referenced against the safety accounting system during non-instructional time;

(7) There shall be supervised entrances and exits and a lifeguard station providing an unobstructed view of the swimming area; and

(8) The YRC shall have a lost-swimmer plan detailing procedures to follow in an emergency.

(d) Safety systems and procedures for boating activities shall be as follows:

(1) There shall be at least one YRC staff member for every 10 campers participating in the boating activity;

(2) YRC staff member shall be trained in First Aid and CPR;

(3) YRC staff member shall be skilled in the safe operation of the craft for the specific activity; and

(4) There shall be a safety accounting system in place for supervising and checking campers participating in boating activities no less than every 15 minutes.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.25 Requirements for Playgrounds and Athletic Equipment. {#sec-he-c-4003.25 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.25}

(a) Athletic equipment used for gymnastics, volleyball, basketball, football, hockey, soccer, archery, and other sports shall be set up and maintained in accordance with the manufacturer's guidelines.

(b) All playing fields shall be maintained in usable and safe condition.

(1) Be installed and maintained in accordance with the manufacturer’s guidelines;

(2) Be free of rough edges, splintery wood, protruding bolts, and entrapment hazards;

(3) Be free of asphalt or concrete surface under or around it; and

(4) Have canvas or other pliable seats on swings.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.26 Toilet Facilities {#sec-he-c-4003.26 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.26}

(a) Toilet facilities shall:

(1) Include one toilet for every 10 campers in a resident camp;

(2) Include one toilet for every 30 campers in a day camp;

(3) Be located, constructed, and maintained to ensure safe and sanitary conditions; and

(4) Contain at least one toilet for each gender with a door or curtain for privacy.

(b) Urinals may be substituted for up to 1/3 of the toilets in toilet facilities for males.

(c) Floors and walls in toilet facilities shall be sealed with polyurethane or paint up to a height of not less than 48 inches.

(d) Badly worn or chipped toilet seats shall be repaired or replaced.

(e) All toilet facilities shall always be supplied with toilet paper.

(f) A sink for hand washing with soap and single use towels, cloth towels specific to each camper and changed daily, or hand dryers shall be available within or immediately outside the toilet facility.

(g) Privies shall meet the following conditions:

(1) The privy shall be constructed in accordance with Env-Wq 1022.01;

(2) Privies shall be located:

a. At least 100 feet from any place where food is prepared or served;

b. At least 75 feet from any surface water; and

c. At least 200 feet up-gradient of any well or spring;

(3) Privy contents shall be:

a. Removed as often as necessary to prevent the pit from being filled to within one foot of the top of the pit; and

b. Disposed of in accordance with Env-Wq 1600.

(4) The contents of the pit shall be covered daily with lime or other suitable agent to eliminate insects and odors;

(5) The materials for liming and disinfection shall be kept in proximity to the privy so as to be readily available for use;

(6) The privy and the pit shall be made fly-tight and provided with self-closing lids; and

(7) Clean and sanitary conditions shall always be maintained.

(h) Chemical toilets shall be maintained and pumped by a septage hauler licensed by the department of environmental services in accordance with Env-Wq 1600.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.24)

N.H. Code Admin. R. Ann. He-C 4003.27 Garbage and Waste Disposal; Toxic Chemical Storage {#sec-he-c-4003.27 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.27}

(a) Garbage and refuse shall be disposed of in durable, easily cleanable, insect-proof, and rodent-proof containers that do not leak and do not absorb liquids. Plastic bags or wet-strength paper bags shall be used to line such containers when maintained inside the areas used for food storage, preparation, or consumption.

(b) Garbage and refuse containers stored outdoors and dumpsters, compactors, and compactor systems shall be:

(1) Easily cleanable;

(2) Provided with tight fitting lids, doors, or covers; and

(3) Kept covered when not in actual use.

(d) Cleaning materials, flammable materials, and toxic materials shall be:

(1) Stored in properly labeled and safe containers;

(2) Stored in an area separate from food; and

(3) Used only by or under the supervision and direction of YRC staff.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.26)

N.H. Code Admin. R. Ann. He-C 4003.28 Notification to Emergency Responders {#sec-he-c-4003.28 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.28}

(a) Subject to (d), below, the camp administrator, camp director, or designee shall notify the local police, fire, and rescue departments regarding their operating dates in accordance with the following:

(1) Annually for year-round camps; and

(2) Immediately prior to opening for seasonal camps.

(b) The notification required by (a), above, shall:

(1) Be in writing;

(2) Include the opening and closing dates for seasonal camps; and

(3) Be delivered in hand or sent via private delivery service, U.S. Postal Service, or email.

(1) Retain a paper copy of the notification; and

(2) Provide it upon request to unit personnel.

(d) For any YRC located within an area that is served by full-time, non-volunteer emergency response personnel even when the YRC is not in operation, notice as specified in (a) above shall be required only if requested by the local emergency response agencies.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.27)

N.H. Code Admin. R. Ann. He-C 4003.29 Fire Safety Inspections and Compliance {#sec-he-c-4003.29 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.29}

(a) The camp administrator, camp director, or designee shall contact local fire officials to schedule such periodic fire safety inspections as are required by local ordinances or the state fire code.

(b) The camp administrator or camp director shall make the results of the inspection available to the department upon request.

(c) If the results of the inspection conducted by local fire officials show that the YRC did not pass the inspection, the camp administrator, camp director, or designee shall provide a copy of the follow-up inspection report to the department within 10 days of receiving it.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.28)

N.H. Code Admin. R. Ann. He-C 4003.30 Storage, Handling, and Preparation of Food; Food Service; Kitchens {#sec-he-c-4003.30 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.30}

YRC staff shall assure that all food and drink served to campers is:

(a) Safe for human consumption and free of spoilage or other contamination;

(b) Stored, prepared, and served in a manner consistent with safe food handling practices for the prevention of food borne illnesses, including those set forth in He-P 2300; and

(c) Stored in a way to protect it from dust, insects, rodents, overhead leakage, unnecessary handling, and all other sources of contamination.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.29)

N.H. Code Admin. R. Ann. He-C 4003.31 Required Health Care Staffing: Day Camps {#sec-he-c-4003.31 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.31}

(a) A day camp shall, whenever campers are present at the camp, have at least one adult staff member present who is certified in age-appropriate first aid and CPR.

(b) In addition to (a) above, a day camp that is operated for campers with a disability shall, whenever campers are present at the camp, have a licensed practitioner on the premises of the camp.

(c) The YRC staff member certified in first aid and CPR whose training is used to meet the requirements of (a) above shall have been certified or had such certification renewed within 24 months of the opening of the YRC for the season.

(d) Each licensed practitioner shall post a copy of their NH license(s) in a conspicuous location in the camp office or infirmary. A copy of the license verification as obtained through the New Hampshire’s on-line license verification system may be substituted for a copy of the license.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.30)

N.H. Code Admin. R. Ann. He-C 4003.32 Required Health Care Equipment: Day Camps {#sec-he-c-4003.32 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.32}

(a) A day camp shall have either:

(1) A first aid cabinet as specified in He-C 4003.35(a)(1); or

(2) At least one first aid kit containing such items as health staff deem necessary to address health issues likely to arise at the YRC.

(b) Excluding epinephrine devices or asthma inhalers possessed pursuant to RSA 170-E:59 through RSA 170-E:64, all medications or prescription drugs shall be kept in a container that is:

(1) Inaccessible to campers and unauthorized YRC staff;

(2) Stored in a secondary container separate from food if in a refrigerator; and

(3) Labeled with the camper’s name to ensure identification of the medication.

(c) All medications belonging to YRC staff shall be stored separately from the campers’ medications, such as in a clearly labeled container or on a separate labeled shelf, in an area that is inaccessible to unauthorized individuals.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.31)

N.H. Code Admin. R. Ann. He-C 4003.33 Required Health Care Staffing: Residence Camps {#sec-he-c-4003.33 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.33}

(a) A residence camp that is not operated for campers with a disability where the total number of campers and YRC staff is 75 or fewer shall have, whenever campers are present at the camp, the following on-site medical staff:

(1) An adult YRC staff member who is certified in age-appropriate first aid and CPR; and

(2) An adult YRC staff member who is:

a. Certified as an emergency medical technician (EMT);

b. Certified in wilderness and remote first aid;

c. Certified as an emergency medical responder; or

d. A NH licensed practitioner.

(b) A residence camp that is not operated for campers with a disability where the total number of campers and YRC staff is at any time greater than 75 shall have, whenever campers are present at the camp, the following on-site medical staff:

(1) A NH licensed practitioner;

(2) An adult YRC staff member who is certified in age-appropriate first aid and CPR; and

(3) If the nearest emergency medical services are greater than 20 minutes from the camp by automobile, an adult YRC staff member who is:

a. Certified as an EMT;

b. Certified in wilderness and remote first aid; or

c. Certified as an emergency medical responder.

(c) A residence camp that is operated for campers with a disability shall have, whenever campers are present at the camp, the following on-site medical staff:

(1) A NH licensed practitioner;

(2) An adult YRC staff member who is certified in age-appropriate first aid and CPR; and

(3) An adult YRC staff member who is:

a. Certified as an EMT;

b. Certified in wilderness and remote first aid; or

c. Certified as an emergency medical responder.

(d) The YRC staff member who is certified in first aid and CPR and the YRC staff member who qualifies under (a)(2), (b)(1) or (3), or (c)(1) or (3), above, may be the same individual.

(e) The YRC staff member certified in first aid and CPR whose training is used to meet the requirements of (a)(1), (b)(2), or (c)(2), above, shall have been certified or had such certification renewed within 24 months of the opening of the YRC for the season.

(f) The YRC staff member who qualifies under (a)(2), (b)(3), or (c)(3), above, shall have been certified or had such certification renewed within 3 years of the opening of the YRC for the season.

(g) If a physician’s assistant (PA) is used to satisfy the requirements of (a)(2), (b)(1), or (c)(1), above, the PA shall provide to the YRC a copy of the written agreement with the PA’s supervising NH-licensed physician.

(h) Each licensed practitioner shall post their NH license(s) in a conspicuous location in the camp office or infirmary. A copy of the license verification as obtained through the New Hampshire’s on-line license verification system may be substituted for a copy of the license.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.32)

N.H. Code Admin. R. Ann. He-C 4003.34 Medical Supervision at Residence Camps {#sec-he-c-4003.34 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.34}

(a) All residence camps shall provide by contract for 24-hours per day, 7-days per week on-call medical service and supervision of all first aid and health services in the YRC by:

(1) A physician or APRN licensed to practice in New Hampshire; or

(2) A hospital emergency service.

(b) If a physician or APRN licensed to practice in New Hampshire and having at least one of the certifications listed in He-C 4003.33(a) or (b)(1)-(3) is in residence at and employed by a YRC, the requirements of (a) above shall be deemed to have been met.

(c) The physician or APRN under contract pursuant to (a) or (b) above shall issue written instructions, signed by the physician or APRN, to the individual responsible for providing first aid, to be followed in the absence of the physician or APRN.

(d) The camp administrator or camp director shall post the instructions prepared pursuant to (c), above, in a conspicuous place in the infirmary.

(e) The camp administrator or camp director shall provide a telephone or other means of emergency communication in the YRC or ensure that such communication is available within 10 minutes travel time from the YRC.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.33)

N.H. Code Admin. R. Ann. He-C 4003.35 Required Health Care Equipment and Facilities: Residence Camps {#sec-he-c-4003.35 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.35}

(a) If the YRC is a residence camp, the director shall always maintain the following first aid related items at the YRC:

(1) A first aid cabinet, which shall be:

a. Always be kept fully equipped with such items as health staff deem necessary to address health issues likely to arise at the YRC; and

b. If containing prescription or non-prescription medications, locked when not in use; and

(2) A backboard with head blocks and straps and proper immobilization equipment, such as straps, cervical collar, or blankets.

(b) Camp facilities shall take isolation precautions when necessary to prevent the spread of infectious agents. Isolation precautions include, but are not limited to, standard precautions such as hand hygiene, using personal protective equipment (PPE) when necessary, and proper handling of equipment and environmental surface.

(1) Be isolated from the regular living and sleeping quarters to insure both quiet to the patient and safety to others; and

(2) Not be used for any other purposes.

(d) Excluding epinephrine devices or asthma inhalers possessed pursuant to RSA 170-E:59 through RSA 170-E:64, all prescription and non-prescription medications shall be:

(1) Kept in the original container with the prescription label or manufacturer’s label for over-the-counter medications; and

(2) Kept in a locked container that is:

a. Inaccessible to campers and unauthorized YRC staff;

b. Stored in a secondary container separate from food if in a refrigerator; and

c. Labeled with the camper’s name.

(e) All medications belonging to YRC staff shall be stored separately from the campers’ medications in a container or area that is inaccessible to unauthorized individuals.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.34)

N.H. Code Admin. R. Ann. He-C 4003.36 Required Health Care Staffing: Off-Site Trips {#sec-he-c-4003.36 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.36}

(a) YRC staff supervising any off-site trip with campers shall carry a first aid kit equipped with such items as the YRC licensed practitioner deems necessary to address emergency situations that might occur.

(b) At least one YRC staff member on an off-site trip with campers shall be certified in:

(1) First aid or CPR; or

(2) Wilderness and remote first aid.

(c) Subject to (d), below, on any off-site trip with campers involving boating or swimming, at least one YRC staff member shall be:

(1) Certified as a lifeguard by the American Red Cross; or

(2) Certified in an equivalent nationally recognized course based on standards that are no less stringent than the lifeguard course offered by the American Red Cross.

(d) Having a YRC staff member be a certified lifeguard shall not be required if a certified lifeguard engaged by the owner or operator of the boating or swimming site or facility is on duty at the site or facility when the campers are boating or swimming, as applicable.

(e) Drinking water obtained during the trip from a source other than a public water system shall be considered as unsafe unless:

(1) Disinfected by adding chlorine or iodine;

(2) Filtered by the use of a drinking water filtration device intended to remove microorganisms; or

(3) Disinfected by achieving a rolling boil for one minute.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.35)

N.H. Code Admin. R. Ann. He-C 4003.37 Communicable Diseases Prevention, Isolation, and Reporting {#sec-he-c-4003.37 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.37}

(a) As required by He-P 301.03, any case or suspected case of a reportable disease, as listed in He-P 301.02, shall be reported by:

(1) The licensed practitioner who assessed, diagnosed, or treated the individual believed to have or suspected of having a reportable disease; or

(2) When no licensed practitioner is present, the camp director.

(b) The report identified in (a), above, shall include all of the information required by He-P 301.03, including the name and home address of the individual known to have or suspected of having the reportable disease.

(c) An individual with a communicable disease at a residence camp shall be placed in isolation and not leave or be removed from strict isolation without permission of the YRC licensed practitioner.

(d) The YRC shall have and implement written policies and procedures for YRC staff for the prevention, control, and reporting of infectious and communicable diseases.

(e) The written policies and procedures shall include:

(1) Proper hand washing techniques;

(2) The utilization of universal precautions;

(3) The management of campers with infectious or contagious diseases or illnesses;

(4) The handling, storage, transportation, and disposal of those items identified as infectious waste in Env-Sw 904; and

(5) The reporting of infectious and communicable diseases as required in (a) and (b) above.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.36)

N.H. Code Admin. R. Ann. He-C 4003.38 Reporting of Other Illnesses {#sec-he-c-4003.38 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.38}

When an outbreak of suspected food poisoning or other unusual prevalence of any illness occurs in which headache, muscle stiffness, general malaise, fever, diarrhea, sore throat, vomiting, or jaundice is a prominent symptom, the licensed practitioner or camp director shall immediately report the existence of such an outbreak or disease as required by He-P 300.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.37)

N.H. Code Admin. R. Ann. He-C 4003.39 Required Health Information {#sec-he-c-4003.39 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.39}

(a) Each camper shall provide a health history and statement of health status to the camp director prior to entering the YRC. As specified in RSA 170-E:58, the examination on which the statement of health status is based may be conducted by a licensed practitioner.

(b) The health history and statement of health status required by (a), above, shall include the following:

(1) A certification that the physical examination was completed within 2 years prior to YRC entrance;

(2) A description of any camp activities from which the camper is exempt from for health reasons;

(3) Unless exempted in accordance with RSA 141-C:20-c, documentation of immunization as specified in He-P 301.14.

(4) A list of all known or suspected allergies;

(5) If the YRC will provide food, identification of all dietary restrictions and any food allergies not listed under (4), above;

(6) A list of all prescribed or over-the-counter medications being taken by the camper; and

(7) To the extent not covered by (2) - (6) above, a description of any current physical, mental, or psychological conditions that require medication, treatment, or special restrictions or considerations while at the YRC, including the need for specially trained personnel and proper equipment to meet camper’s needs.

(c) The camp administrator or camp director shall retain all documentation required by (b) above for 2 years, which shall be made available to the department upon request.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.38)

N.H. Code Admin. R. Ann. He-C 4003.40 Administration of Medication {#sec-he-c-4003.40 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.40}

(a) The availability, use, and possession of epinephrine devices and asthma inhalers shall be as specified in RSA 170-E:59 through RSA 170-E:64.

(b) Prescription medications other than those listed in (a), above, and non-prescription medications other than topical substances shall be administered to campers only by authorized staff and only in accordance with the applicable medication order as specified in (f) below.

(c) If a camper’s parent or legal guardian provides written permission, YRC staff who have not been trained as specified in He-C 4003.43(n) may administer non-prescription topical substances to the camper.

(d) Authorized staff shall administer only those prescription medications for which there is a prescription label, or written directions provided by a licensed practitioner who is legally authorized to write the prescription, and written permission from the camper’s parent or legal guardian.

(e) Medication orders shall be valid for no more than one year.

(f) Each medication order shall legibly display the following information:

(1) The camper’s name;

(2) The name, strength, prescribed dose, and method of administration of the medication;

(3) The frequency of administration of the medication, or if the medication is to be used on an as-needed, pro re nata (PRN) basis, the information specified in (g), below; and

(4) The dated signature of the camper’s parent or legal guardian or a licensed practitioner for orders other than as shown on the prescription label.

(g) A medication order from a parent or legal guardian or a licensed practitioner regarding any medication to be administered PRN shall include:

(1) The indications and any special precautions or limitations regarding administration of the medication;

(2) The maximum dosage allowed in a 24-hour period;

(3) The dated signature of the parent or legal guardian for topical substances and non-prescription medication; and

(4) For orders other than as shown on the prescription label, the dated signature of the licensed health care practitioner for prescription medication.

(h) A written order regarding prescription medication shall not be changed except by a licensed practitioner having legal authority to prescribe.

(i) All prescription medications, including physician medication samples, shall:

(1) Bear a label that legibly displays the information described in (f)(1)-(3), above; and

(2) Be stored, dispensed, and administered in accordance with:

a. RSA 318 and requirements adopted pursuant thereto by the NH board of pharmacy; and

b. RSA 326-B and requirements adopted pursuant thereto by the NH board of nursing.

(j) All non-prescription medication and topical substances shall be kept in the original containers and properly closed after each use.

(k) The YRC may provide age-appropriate non-prescription topical substances, such as sunscreen, insect repellent, and over-the-counter anti-itch or anti-bacterial creams or ointments, and common non-prescription medications such as over-the-counter pain relievers and gastro-intestinal calming agents to a camper with the written permission of the camper’s parent or legal guardian.

(l) Any items provided pursuant to (k), above, shall be stored and administered as specified on the product label and in this section.

(m) The camp administrator or camp director shall return any remaining medication and topical substances provided by a camper’s parent or legal guardian to the parent or legal guardian when the camper departs the YRC.

(n) Prior to administering prescription or non-prescription medication to any camper, YRC staff shall:

(1) Complete and document training on medication safety and administration or training delivered by a physician, an APRN, an RN, or an LPN practicing under the direction of an APRN, RN, or physician; or

(2) Successfully complete a nationally recognized course on medication safety and administration having standards that are no less stringent than the Academy of Pediatrics on-line course, Medicine Administration in Early Education and Child Care.

(o) YRC staff administering medications shall complete training in medication safety and administration every 3 years.

(p) For each camper receiving medication, the YRC’s licensed practitioner shall maintain the following information on file:

(1) For each medication prescribed for a camper, the written medication order as specified in He-C 4003.40 and any special considerations for administration of the medication;

(2) Written authorization from the camper’s parent or legal guardian to administer the medication, which includes a statement that the camper has received the specific medication prior to entering the YRC;

(3) The name and contact information of the camper’s parent or legal guardian who is to be notified if required by (s), below; and

(4) Any allergies the camper is known to have or is suspected to have.

(q) The record required by (p), above, shall be updated with a written record of each dose of medication, excluding topical substances, administered to the camper.

(r) The written record required by (p), above, shall:

(1) Be completed by the YRC staff who administered the medication immediately after the medication is administered; and

(2) For each administered medication, include:

a. The name of the camper;

b. The date and time the medication was taken;

c. A notation of any deviation from the medication order provided pursuant to He-C 4003.40 in the administration of a medication and the reason why the medication was not taken as ordered or approved;

d. The dated signature of the authorized staff who administered the medication to the camper;

e. For administration of an as-needed medication, the reason for administration; and

f. Any other information that is relevant to the administration of the medication.

(s) In the event of any deviation from the administration of medication as described in (2)c., above, the camp director or designee shall:

(1) Note the deviation in the record required by (s), above; and

(2) Notify the camper’s parent or legal guardian immediately.

(t) In the event of an error in the documentation of the administration of medication, the camp director or designee shall identify the error and provide correct information in the record as soon as the error is identified.

(u) YRCs that opt to obtain epinephrine devices for use in emergencies, shall have and abide by a policy for the storage, maintenance, control, and general oversight of epinephrine devices acquired by the residence camp, for compliance with RSA 329:1-h, III.

(v) Pursuant to RSA 329:1-h, V., YRCs that opt to obtain a prescription for epinephrine devices under (u) above shall designate and train YRC staff to administer epinephrine in accordance with the following:

(1) YRC staff shall complete an anaphylaxis training program at least every 2 years, following completion of the initial anaphylaxis training program;

(3) Training may be conducted online or in person and, at a minimum, shall cover:

a. How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis;

b. Standards and procedures for the storage and administration of an epinephrine device; and

c. Emergency follow-up procedures; and

(4) The certificate of completion for the training shall be on file for review by the units.

(w) YRCs shall obtain written authorization from the parent or guardian of a camper prior to administering epinephrine devices.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14046, EMERGENCY RULE, eff 8-8-24, EXPIRES: 2-4-25; ss by #14155, eff 12-21-24; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.39)

N.H. Code Admin. R. Ann. He-C 4003.41 Limitations on the Use of Restraint and Seclusion {#sec-he-c-4003.41 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.41}

(a) For the purposes of this section, the following shall apply:

(1) “Restraint” means bodily physical restriction, mechanical devices, or any device that immobilizes a camper or restricts the freedom of movement of the torso, head, arms, or legs;

(2) Restraint shall not include:

a. Physical devices used to permit a camper to participate in activities without the risk of physical harm;

b. The use of seat belts, safety belts, or similar passenger restraints during the transportation of a camper in a motor vehicle;

c. Physical devices, such as orthopedically prescribed appliances, surgical dressings and bandages, and supportive body bands, or other physical holding when necessary for routine physical examinations and tests or for orthopedic, surgical, and other similar medical treatment purposes, or when used to provide support for the achievement of functional body position or proper balance or to protect a camper from falling out of bed;

d. Brief touching or holding to calm, comfort, encourage, or guide a camper;

e. The use of physical intervention as an emergency response to ensure the immediate physical safety of individuals when there is an imminent risk of serious bodily harm to the camper or others; or

f. The use of force by a YRC staff to defend themself or a third person from what the YRC staff reasonably believes to be the imminent use of unlawful force by a camper, when the YRC staff uses a degree of such force which they reasonably believe to be necessary for such purpose and the YRC staff does not immobilize a camper or restrict the freedom of movement of the torso, head, arms, or legs of any camper;

(3) “Seclusion” means the involuntary confinement of a camper alone in any room or area from which the camper is unable to exit, either due to physical manipulation by a person, lock, or other mechanical device or barrier; and

(4) Seclusion shall not include the voluntary separation of a camper from a stressful environment for the purpose of allowing the camper to regain self-control, when such separation is to an area which a camper is able to leave, there is no physical barrier, and the camper is physically able to leave, or involuntary confinement of a camper to a room or area with an adult who is actively engaged with the camper to assist the camper with de-escalation.

(b) The use of seclusion and restraint shall not be permitted unless a YRC is operated by a NH licensed residential child care agency as defined in RSA 170-E:25, II (a) and (c)-(f).

(c) In accordance with the rules established in He-C 4001, before any YRC staff participates in a restraint or the use of seclusion, they shall have completed a curriculum in restraint and seclusion techniques that are designed to protect the camper from risk of serious bodily harm to the camper or others.

(d) Restraint and seclusion techniques used shall be consistent with the curriculum required in (c) above and be reviewed at least annually with YRC staff to maintain competency.

(e) YRC programs operated by a NH licensed residential child care agency as defined in RSA 170- E:25, II (a) and (c)-(f), shall comply with RSA 126-U and He-C 901 if seclusion or restraint is used, including completion of all reports and reporting requirements to the department and parents or legal guardians of campers.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14046, EMERGENCY RULE, eff 8-8-24, EXPIRES: 2-4-25; ss by #14155, eff 12-21-24; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4003.42 Waivers {#sec-he-c-4003.42 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.42}

(a) The unit shall grant a waiver to accommodate situations and circumstances at YRCs where strict compliance with all requirements established herein may not be necessary for the protection of the safety and health of the individuals who attend or provide services at such camps.

(b) A request for a waiver shall be filed with the application for a YRC license or as soon thereafter as the need for the waiver is identified.

(1) A specific reference to the section of the rule for which a waiver is being sought;

(2) A full explanation of why a waiver is necessary;

(3) A full explanation of the alternative(s) proposed to be implemented if a waiver is granted, if any;

(4) Whether the waiver is needed for a limited time and, if so, what that time period is; and

(5) A full explanation of why granting the waiver will not jeopardize the health and safety of the individuals who attend or provide services to the YRC, as applicable.

(d) Subject to (e), below, the unit shall grant a waiver if it determines that granting a waiver will not jeopardize the health and safety of the individuals who attend or provide services to the YRC, as applicable. In granting a waiver, the unit shall impose such conditions, including time limitations, as the unit deems necessary to ensure that the health and safety of the individuals who attend or provide services to the YRC, as applicable, are protected.

(e) No waiver shall be granted if the effect of the waiver would be to waive or modify a statutory requirement, unless the statute expressly provides that the requirement may be waived or modified.

(f) If the waiver request is denied, the unit shall notify the person requesting the waiver in writing of the decision and the reason(s) for the decision.

(g) A waiver shall be permanent unless the unit specifically places a time limit on the waiver.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35 (formerly He-C 4003.42)

N.H. Code Admin. R. Ann. He-C 4003.43 Administrative Fines {#sec-he-c-4003.43 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4003.43}

(a) The department shall assess administrative fines in accordance with RSA 170-E:66, II.

(b) The department shall send a notice of intent to impose a fine by certified mail and email, or by hand delivery to any person, applicant or licensee.

(1) The amount of the fine, the area(s) of non-compliance, and dates, if applicable, for which the fine is being assessed;

(2) Information regarding the right to an administrative hearing, including the name, address, phone number, and email of the hearings unit, and deadline by which to request a hearing;

(3) Information about the option of reducing any assessed fine by 25% by submitting to the department, no later than 10 days from receipt of the notice, payment of the reduced fine, and a written statement waiving the right to an administrative hearing regarding the fine, signed by the applicant or licensee; and

(4) The name of a contact person within the office of legal and regulatory services, bureau of facility licensing and certification.

(d) If the applicant or licensee does not appeal the department’s decision to impose a fine, the fine shall become final after the 10-day period specified in (c)(3) above and the fine shall be paid to the department no later than 10 days from that date.

(e) When an administrative hearing is conducted and the department’s decision to impose a fine is upheld, the fine shall be due and payable within 10 days of the date of the hearing officer's decision.

(f) The imposition of fines shall not prohibit the department from enforcing any conditions or any other enforcement action available to it under He-C 4003 or RSA 170-E.

(g) The department shall impose fines, not to exceed $2,000.00 per offense, in accordance with the following:

(1) For failure to comply with the provisions of a license, in violation of He-C 4003.13(b), the fine shall be $500.00. Each day the YRC fails to comply with the provisions of a license shall be considered a separate offense and shall be subject to a daily fine of $100.00 until the department determines that the YRC is in compliance with the provisions of a license;

(2) For a repeat area of non-compliance for failure to comply with the provisions of a license, in violation of He-C 403.13(b), the fine shall be $500.00, plus $100.00 for each day that the YRC fails to comply with the provisions of a license or permit, after receipt of a statement of findings and provision of an approved corrective action plan. Each day the YRC fails to comply with the provisions of a license shall be considered a separate offense and shall be subject to a daily fine of $100.00 until the non-compliance is corrected;

(3) For operating a YRC without a license, in violation of RSA 170-E:56, I, the fine shall be $500.00. Each day the program continues to operate shall be considered a separate offense and shall be subject to a daily fine of $100.00 until the non-compliance is corrected;

(4) For continuing to operate a YRC after suspension, revocation, or denial of a license or permit, in violation of He-C 4003.10, the fine shall be $2,000.00. Each day the former licensee continues to operate shall be considered a separate offense and shall be subject to a daily fine of $500.00 until the non-compliance is corrected;

(5) For failure to submit any requested reports or failing to make available any records required by the department for investigation, monitoring, or licensing purposes in violation of He-C 4003.13(d), the fine shall be $500.00, per offense, plus $100.00 per day, per offense, for each day for which the department does not receive the requested documents. Each day the noncompliance continues to exist shall be considered a separate offense and shall be subject to a daily fine of $100.00 until the noncompliance is corrected;

(6) For falsifying any documents, other written information, or reports issued by or required by the department, in violation of He-C 4003.13(f)(2), the fine shall be $1,000.00 per offense. Each falsified document or report shall be considered a separate offense;

(7) For failure to cooperate during any visit authorized under He-C 4003, in violation of He-C 4003.13(e), the fine shall be $1,000.00;

(8) For failure to submit a corrective action plan, in violation of He-C 4003.09(d), the fine shall be $200.00;

(9) For failure to implement or maintain the corrective action plan that has been approved or issued by the department, in violation of He-C 4003.09(h) the fine shall be $250.00 per area of non-compliance;

(10) For failure to supervise each camper in care, in violation of He-C 4003.16(d), the fine shall be $750.00;

(11) For abusing or neglecting a camper or campers, or using corporal punishment on a camper or campers, in violation of He-C 4003.13(d), the fine shall be $1,000.00;

(12) For areas of non-compliance with RSA 170-E:56, II and He-C 4003.17(b), regarding completion of required background record checks and He-C 4003.17(i), regarding employing staff with a background check that prohibits them from employment, the fine shall be $500.00. Each day that an employee, household member, or other individual continues to work in the YRC without having completed a background check or with a background check that prohibits them from employment shall be considered a separate offense and shall be subject to a daily fine of $100.00 until the non-compliance is corrected;

(13) When an inspection results in a determination that non-compliance with RSA 170-E or He-C 4003 is a repeat area of non-compliance of any of the rules specified in (g)(1) through (12) above, the fine shall be twice the amount as the original fine assessed, not including any applicable daily rates; and

(14) For non-compliance with any statute or rule, which exposes or results in one or more campers experiencing imminent death, loss, or injury, the department shall assess a fine of $2,000.00 for each non-compliance. Each day the non-compliance continues to exist shall be considered a separate offense and shall be subject to a daily fine of $500.00 until the non-compliance is corrected.

History

#14256, eff 5-23-25, EXPIRES: 5-23-35

Part He-C 4004 Certification Required for Youth Skill Camps

N.H. Code Admin. R. Ann. He-C 4004.01 Purpose {#sec-he-c-4004.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4004.01}

The purpose of this part is to implement the requirements in RSA 170-E:56, II relative to conducting background checks for youth skill camps (YSCs).

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4004.02 Applicability {#sec-he-c-4004.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4004.02}

(a) These rules shall apply to all YSCs as defined in He-C 4004.03(h).

(b) These rules shall not apply to:

(1) Any recreation camp as defined in RSA 170-E:55, I , and regulated under He-C 4003;

(2) Any child day care agency as defined in RSA 170-E:2, IV;

(3) Any private home in which a skill is taught to a child pursuant to an agreement between the child’s parent or guardian and the instructor; and

(4) Any class or program that otherwise would qualify as a YSC as defined in He-C 4004.03(h) that is conducted or offered by an educational institution regulated under Title XV of New Hampshire’s codified statutes, including public and nonpublic institutions, provided that:

a. A criminal history records check as described in RSA 189:13-a is completed on each employee and volunteer of the public or nonpublic institution who might be left alone with a youth during the class or program; and

b. A check of the national sex offender public registry is completed for each employee and volunteer covered by a. above.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4004.03 Definitions {#sec-he-c-4004.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4004.03}

For purposes of this part, the following definitions shall apply:

(a) “Background check policy” means the policy required by RSA 170-E:56, II relative to background checks for all camp staff who might be left alone with any youth;

(b) “Camp staff” means the owner and operator of a YSC and any employee, volunteer, or other individual employed or otherwise associated with the YSC, whether for pay or not, to interact directly with youths in a setting where a single staff member might be left alone with any youth;

(1) Has been developed by individuals knowledgeable and experienced in the field to impart a specific skill over a period of 3 or more consecutive days; and

(2) Is taught by at least one instructor who is knowledgeable and experienced in the skill being imparted;

(d) “State of residence” means a state in which an individual who is subject to the background check required by RSA 170-E:56, II currently lives or has lived, whether on a permanent or temporary basis, after attaining the age of 18 years;

(e) “Youth” means individuals who are under 18 years of age who attend a YSC. This term includes “child”, “children”, and “minor”;

(f) “Youth skill camp (YSC)” means “youth skill camp” as defined in RSA 170-E:55, II, namely “a nonprofit or for-profit program that lasts 8 hours total or more in a year for the purpose of teaching a skill to minors. Such camps include, but are not limited to, the teaching of sports, the arts, and scientific inquiry” that is not also a recreation camp as defined in RSA 170-E:55, I;

(g) “YSC operator” means the person that has primary responsibility for the day-to-day operation and management of a YSC. The YSC operator might also be the YSC owner;

(h) “YSC owner” means the person that owns and is ultimately responsible for the operation and management of a YSC. The YSC owner might also be the YSC operator; and

(i) “Validated database” means a database that includes:

(1) Felonies and misdemeanors in each state other than New Hampshire; and

(2) Felonies in New Hampshire.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4004.04 Required Background Check Policy {#sec-he-c-4004.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4004.04}

(a) The background check policy required by RSA 170-E:56, II(a) shall be adequate to ensure that no camp staff has a criminal conviction for any of the offenses listed therein, specifically:

(1) Causing or threatening direct physical injury to any individual; or

(2) Causing or threatening harm of any nature to any youth.

(b) A background check policy shall be deemed to meet the requirement of (a), above, if it:

(1) Requires all camp staff who might be left alone with a youth to be subject to a background check, as described in He-C 4004.05, prior to initially being left alone with a youth and not less than once in each calendar year thereafter;

(2) Prohibits any staff member who has not been subject to the required background check from working directly with any youth(s) unless a staff member for whom the background check has been completed is also present;

(3) Requires the YSC operator to review:

a. The results of the background checks and certifications, for compliance with the established YSC policy and RSA170-E:56, II(a); and

b. Any references, employment history, and volunteer history submitted by or for each camp staff member, to determine whether to allow the individual to work directly with youths at the YSC;

(4) As required by RSA 170-E:56, II(e), identifies the frequency of the background checks and the sources used to conduct the background checks; and

(5) Requires the YSC operator to maintain an up-to-date listing of all staff members who are in a position such that it is possible they could be left alone with youth, together with the status of their background checks.

(c) As specified in RSA 170-E:56, II(d), a background check policy shall only include more stringent requirements for background checks than specified in (b), above, provided:

(1) The requirement of (a), above, is met; and

(2) The more stringent requirements are explicitly identified in the policy and in the certification explained in He-C 4004.07.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4004.05 Background Checks {#sec-he-c-4004.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4004.05}

(a) Subject to (b) through (d), below, the background check required by each YSC’s background check policy shall comprise:

(1) A criminal background check in each state of residence of the potential staff member, which may be done through a validated database that includes current information for each such state of residence or through the state identification bureau of each state of residence; and

(2) A check of the national sex offender public registry.

(b) For any volunteer or employee who is younger than 18 years old who will be left alone with a youth, the background check policy shall require the minor to provide a minimum of 2 written references to the YSC operator.

(1) Their knowledge of the volunteer’s or employee’s character;

(2) Whether the minor has caused or threatened to cause direct physical injury to any other individual, or harm of any nature, to any youth; and

(3) Their opinion on whether the volunteer or employee is a good candidate to work directly with youth.

(d) The YSC may accept the background check required for licensure for any licensed health professional who holds a current license as proof of compliance with (a)(1) above. If the background check required for an applicant who is a licensed health professional does not include a check of the national sex offender public registry, then the owner or designee shall check the person’s name against the national sex offender public registry prior to employing the applicant.

(e) The YSC operator may rely on the background check required to obtain a visa for any camp staff who enters the country to be a camp counselor through organizations such as the International Camp Counselor Program (ICCP), Camp America, British University North America Club (BUNAC), Camp Leaders, or Camp Counselors USA (CC USA).

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4004.06 Release of Information Regarding Background Checks {#sec-he-c-4004.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4004.06}

(a) Each YSC owner and each YSC operator, if different from the owner, shall maintain the information received as a result of performing background checks as confidential information.

(b) The YSC operator shall provide information as to whether a background check has been completed on camp staff to any parent or guardian of a youth who requests the information.

(c) The YSC operator shall provide a copy of the listing required by He-C 4004.04(b)(5) to the department for review upon request.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4004.07 Required YSC Certification {#sec-he-c-4004.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4004.07}

(a) The YSC operator shall make the certification required by RSA 170-E:56, II(a) by providing the following information to the unit:

(1) The calendar year for which the certification is being made;

(2) The complete legal name of the YSC, including any trade name or other name used by the YSC;

(3) The municipality of each location in New Hampshire where the YSC operates or will operate;

(4) The name, primary mailing address, physical address if different, and daytime telephone number, including area code, of the YSC operator and an e-mail address, if any;

(5) If the YSC operator is other than an individual, the name, title, daytime telephone number, and, if available, e-mail address for an individual authorized by the YSC operator to act on the operator’s behalf;

(6) If the YSC operator is not the YSC owner, the name, primary mailing address, and daytime telephone number, including area code, of the YSC owner and an e-mail address, if any;

(7) The YSC web or social media network site addresses, if any; and

(8) The anticipated number of sessions to be offered, the anticipated length of each session, and the general area in which a skill will be taught, such as computer programming, music, or a specific sport.

(b) The YSC operator or authorized representative shall sign and date the completed certification and print or type their name on the certification prior to submitting it to the unit.

(1) The signer is the YSC operator or has been authorized by the YSC operator to sign the certification;

(2) A background check policy that meets the requirements of RSA 170-E:56, II and He-C 4004 is in place;

(3) Background checks for the camp staff who might be left alone with a youth have been conducted and reviewed as required by RSA 170-E:56, II and He-C 4004;

(4) Background checks will be conducted and reviewed for all new camp staff brought on after the date of the initial certification as required by RSA 170-E:56, II and He-C 4004;

(5) The information provided is true, complete, and not misleading to the knowledge and belief of the signer; and

(6) The signer understands that they are subject to the penalties for unsworn falsification specified in RSA 641:3 or any subsequent statute if the information is false, incomplete, or misleading.

(d) If any camp staff is added subsequent to filing the required certification, the YSC operator shall conduct a background check for such staff prior to the staff working directly with any youth(s) unless a staff member for whom the background check has been completed is also present.

(e) The YSC operator shall submit the certification information required in He-C 4004.07(a):

(1) Prior to any youth arriving at the YSC in each calendar year that the YSC operates; and

(2) Subject to (f), below, with the fee required by RSA 170-E:56, II(b), which if paid by check or money order shall be made payable to “Treasurer - State of New Hampshire”.

(f) No fee shall be required if the YSC operator is a political subdivision.

(g) The required certification shall be valid only for the calendar year in which it is submitted.

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

N.H. Code Admin. R. Ann. He-C 4004.08 Review and Availability of YSC Policies {#sec-he-c-4004.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 4004.08}

The YSC owner or operator shall:

(a) Review the background check policy each year prior to the opening of the YSC camp and make adjustments if needed;

(b) Make the policy available through the YSC’s web or social media network site, if the YSC has a web presence; and

APPENDIX B

Location of Incorporated by Reference Document

Title of Document to be Incorporated by Reference

Cost and How to Obtain the Document

He-C 4001.15(ad)

U.S Environmental Protection Agency’s, “How to Dispose of Medicines Properly” (April 2011)

Publisher: U.S. Environmental Protection Agency

Cost: Free of Charge

The incorporated document is available at:

https://www.epa.gov/sites/default/files/2015-06/documents/how-to-dispose-medicines.pdf

He-C 4001.29(x)(1)

U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration’s (SAMHSA) “Evidence-Based Practices Resource Center”

, as accessed and printed on January 27, 2025

Publisher: U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration

Cost: Free of Charge

The incorporated document is available at:

https://www.samhsa.gov/libraries/evidence-based-practices-resource-center?f%5B0%5D=resource_topic%3A20277

A read-only, printed copy of the webpage, as accessed and printed on January 27, 2025, is available to view at the department.

He-C 4001.29(y)(1)

The American Society of Addiction Medicine’s “The ASAM Criteria” (Fourth Edition)

Publisher: The American Society of Addiction Medicine

Cost: Member $85.00/ Non-Member $95.00

He-C 4001.29 (y)(2)

U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration’s (SAMHSA) “Knowledge Application Program (KAP) Resource Documents and Manuals” (July 2020)

Publisher: U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration

Cost: Free to the Public

The incorporated document is available at:

https://www.samhsa.gov/kap/resources

He-C 4002.23(h)(2)c.

ASTM International’s, “ASTM F1292 Standard Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment” (2022 Edition)

Publisher: ASTM International

Cost: $76.00

The incorporated document is available at:

https://www.document-center.com/standards/show/ASTM-F1292

APPENDIX A

Rule

Specific State or Federal Statute or Regulation the Rule Implements

He-C 4001.01

RSA 170-E:24; RSA 170-E:25; RSA 170-E:34

He-C 4001.02

RSA 170-E:28; RSA 170-E:29-a; RSA 170-E: 31, III and V

He-C 4001.03

RSA 170-E:28; RSA 170-E:29; RSA 170-E:29-a; RSA 170-E:30; RSA 170-E:32

He-C 4001.04

RSA 541-A:29

He-C 4001.05

RSA 170-E:30; RSA 170-E:34, I(a)(12); RSA 541-A:29

He-C 4001.06

RSA 170-E:25, V; RSA 170-E:31, IV; RSA 170-E:32; RSA 170-E:40, II

He-C 4001.07

RSA 170-E:29, IV; RSA 170-E:29-a, VI ; RSA 170-E:34, I(e); RSA 170-E:40; RSA 170-E:49

He-C 4001.08

RSA 170-E:34, I(e); RSA 541-A:30-a

He-C 4001.09

RSA 170-E:27, II; RSA 170-E:29, III and IV; RSA 170-E:29-a; RSA 170-E:34, I(d); RSA 170-E:35; RSA 170-E:36; RSA 170-E:37; 541-A:30, III; RSA 541-A:30-a

He-C 4001.10

RSA 170-E:29-a, I; RSA 170-E:30; RSA 170-E:34, I(a)(1), (7); RSA 170-E:34, I(c)

He-C 4001.11

RSA 170-E:34, I(a)(2); RSA 141-C; RSA 141-F:8

He-C 4001.12

RSA 170-E:34, I(a)(4); RSA 170-E:34, I(a)(5); RSA 170-E:34, I(b); RSA 170-E:42; RSA 141-C

He-C 4001.13

RSA 170-E:34, I(a)(4); RSA 170-E:34, I(a)(5)

He-C 4001.14

RSA 170-E:34, I(a)(3), (4), (8); RSA 170-E:34, I(b); RSA 170-E:42; RSA 126-U:7, II

He-C 4001.15

RSA 170-E:34, I(a)(4), (5), (6), (7); RSA 170-E:42; RSA 329:1-h

He-C 4001.16

RSA 170-E:34, I(a)(4); RSA 126-U:5-b

He-C 4001.17

RSA 170-E:34, I(a)(4), (5)

He-C 4001.18

RSA 170-E:34, I(a)(4)

He-C 4001.19

RSA 170-E:34, I(a)(2); RSA 170-E:34(b)

He-C 4001.20

RSA 170-E:34, I(a)(2), (3); RSA 170-E:34, I(b)

He-C 4001.21

RSA 170-E:34, I(a)(5), (7); RSA 170-E:34, I(b); RSA 170-E:42-a

He-C 4001.22

RSA 170-E:34, I(a)(9); RSA 170-E:34, I(j); RSA 126-U; RSA 126-U:7

He-C 4001.23

RSA 170-E:34, I(a)(7), (8); RSA 170-E:34(b); RSA 126-U:7; RSA 126-U:10

He-C 4001.24

RSA 170-E:34, I(a)(5)

He-C 4001.25

RSA 170-E:34, I(a)(5); RSA 265:107-a; RSA 126-U:12

He-C 4001.26

RSA 170-E:25, II(d); RSA 170-E:34, I(a); RSA 170-E:34, I(a)(1), (5)

He-C 4001.27

RSA 170-E:34, I(a); RSA 170-E:34, I(a)(1), (5)

He-C 4001.28

RSA 170-E:25, II(f); RSA 170-E:27-a; RSA 169-C:16, II; RSA 169-C:29 and 39; RSA 169-D:9-c, I; and 42 USC 11431 et seq.

He-C 4001.29

RSA 170-E:25, II(e); RSA 170-E:34, I(b)

He-C 4001.30

RSA 170-E:25, II(e); RSA 170-E:34, I(a)(5); RSA 170-E:34, I(b); RSA 169-C:24-b

He-C 4001.31

RSA 170-E:29-a, I and I-a, IV-a, V, and VI; RSA 170-E:34, I(a)(1), (2), (11)

He-C 4001.32

RSA 170-E:34, I(a)(14)

He-C 4001.33

RSA 170-E:34, I(j) and RSA 170-E:45-a

He-C 4002.01

RSA 170-E:2; RSA 170-E:11

He-C 4002.02

RSA 170-E:6; RSA 170-E:8; RSA 170-E:9; RSA 170-E:11, I(1); RSA 541-A:30, I

He-C 4002.03

RSA 541-A:29

He-C 4002.04

RSA 170-E:11, I(m)

He-C 4002.05

RSA 170-E:7, I; RSA 170-E:6-b; RSA 170-E:11, I(a) and (b); RSA 170-E:11, I(h); 45 CFR 98.41(e)

He-C 4002.06

RSA 170-E:8, III; RSA 170-E:10; RSA 170-E:11, I(h); RSA 170-E:11, IV

He-C 4002.07

RSA 170-E: 10-a; RSA 170-E:11, IV; RSA 541-A:30-a

He-C 4002.08

RSA 170-E:11, I(c) and (d)

He-C 4002.09

RSA 170-E:11, I(b)

He-C 4002.10

RSA 170-E:11, I(a), (f), and (g); 45 CFR 98.41(a)(1)(i)(C); RSA 140-C:20-a; RSA 141-C:20-b

He-C 4002.11

RSA 170-E:11, I(a), (d), and (g); 45 CFR.98.41(a)(1)(i)

He-C 4002.12

RSA 170-E:11, I(a), (d), (g), and (h); 45 CFR 98.33(a)(5)(ii)

He-C 4002.13

RSA 170-E:11, I(d), (e), and (f)

He-C 4002.14

RSA 170-E:11, I(a), (d), and (g); 45 CFR 98.41(a)(1)(iv) or (vii)

He-C 4002.15

RSA 170-E:11, I(a), (d), (g), and (i); 45 CFR 98.41(a)(1)(i)(C); 45 CFR 98.16(hh)

He-C 4002.16

RSA 170-E:11, 1(a), (d), (g), and (h); 45 CFR 98.41(a)(1)(vii)

He-C 4002.17

RSA 170-E:11, I(a)-(e), and (i); 45 CFR 98.16(hh); 45 CFR 98.41(a)(1)(vi)

He-C 4002.18

RSA 170-E:11, I(a), (d), and (e)

He-C 4002.19

RSA 170-E:11, I(a), (d), (g), and (h); 45 CFR 98.41(a)(1)(iv); 45 CFR 98.41(a)(1)(x)

He-C 4002.20

RSA 170-E:11, I(a), (b), (d), (e), (g), and (h); 45 CFR 98.41(a)(1)(iii); RSA 329:1-h

He-C 4002.21

RSA 170-E:11, I(d); 45 CFR 98.41(a)(1)(v); RSA 170-E:6, 8, and 9

He-C 4002.22

RSA 170-E:11, I(d) and (e); 40 CFR 745.90(a) and (b); 45 CFR 98.41(a)(1)(v)

He-C 4002.23

RSA 170-E:11, I(d) and (e); 45 CFR 98.41(a)(1)(v)

He-C 4002.24

RSA 170-E:11, I(d) and (e); 16 CFR 1500

He-C 4002.25

RSA 170-E:11, I(d) and (e); 16 CFR 1219 and 1220; 45 CFR 98.41(a)(1)(ii)

He-C 4002.26

RSA 170-E:11, I(d), (e), and (h); RSA 170-E:6; 45 CFR 98.41(a)(1)(v)

He-C 4002.27

RSA 170-E:11, I(d), (e) and (h); RSA 170-E:6

He-C 4002.28

RSA 170-E:11, I(d) and (e); RSA 170-E:6

He-C 4002.29

RSA-170-E:11, I(d) and (e)

He-C 4002.30

RSA-170-E:11, I(d) and (e)

He-C 4002.31

RSA-170-E:11, I(a) through (e); RSA 265:107-a; 45 CFR 98.41(a)(1)(ix); 45 CFR 98.41(d)

He-C 4002.32

RSA-170-E:11, I(b) through (e); 45 CFR 98.41(a)(1); 45 CFR 98.44

He-C 4002.33

RSA-170-E:11, I(b); 45 CFR 98.41(d)

He-C 4002.34

RSA 170-E:11, I(b); 45 CFR 98.41(d)

He-C 4002.35

RSA 170-E:11, I(a) and (c); 45 CFR 98.41(d)

He-C 4002.36

RSA 170-E:11, I(a) and (c); 45 CFR 98.41(d)

He-C 4002.37

RSA 170-E:11, I(a) and (c); 45 CFR 98.41(d); RSA 170-E:2, IV(f)

He-C 4002.38

RSA 170-E:11, I(a), (c), and (e); 45 CFR 98.41(d)

He-C 4002.39

RSA 170-E:11, I(a), (c), and (e); 45 CFR 98.41(d)

He-C 4002.40

RSA 170-E:11, I(b) and (h); RSA 170-E:7; 45 CFR 98.43

He-C 4002.41

RSA 170-E: 11, IV; RSA 170-E:17, II and III; RSA 170-E:23

He-C 4002.42

RSA 170-E:7; RSA 170-E:11, I(a) and (h); RSA 170-E:17, III; RSA 170-E:23; 45 CFR 98.43(e)(2)

He-C 4002.43

RSA 170-E:11, I(a) and (h); RSA 170-E:11, IV and V; RSA 170-E:12; RSA 170-E:13

He-C 4002.44

RSA 170-E:11, II, VI and VII; RSA 170-E:21-a

He-C 4003

RSA 170-E:53-a; RSA 170-E:54; RSA 170-E:56, I; RSA 170-E:67 – 69; and RSA 126-U

He-C 4004

RSA 170-E:53-a; RSA 170-E:54; and RSA 170-E:56, II(a)

History

#12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
#13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35

Chapter He-C 5000 Departmental Medicaid Program Administration

N.H. Code Admin. R. Ann. He-C 5001.01 Definitions {#sec-he-c-5001.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5001.01}

(a) “Audit” means the independent disproportionate share hospital audit required by federal Medicaid regulations at 42 C.F.R. Part 455, Subpart D.

(b) “Department” means the New Hampshire department of health and human services.

(c) “Disproportionate share non-public hospitals” means, for purposes of this part, in-state hospitals, licensed under RSA 151, which participate in the provider network of the State Medicaid managed care program, and which meet the minimum criteria for disproportionate share hospital payments pursuant to 42 U.S.C. section 1396r-4(d), and in-state hospitals as identified by RSA 167:63, IV, which meet the requirements for a deemed disproportionate share hospital under 42 U.S.C. section 1396r-4(b), but do not include government facilities.

(d) “Disproportionate share payment,” in conformity with relevant provisions of RSA 167:64, the New Hampshire Title XIX Medicaid State Plan, federal law at 42 U.S.C. section 1396r-4, and federal regulations promulgated thereunder, means the amount determined by the department and paid to eligible hospitals to compensate the hospitals for services provided to Medicaid recipients and uninsured individuals.

(e) “Uncompensated care” means losses arising from the difference between the cost of providing inpatient or outpatient hospital services to Medicaid recipients and to uninsured patients during the year, and the reimbursement received for those recipients and patients consistent with 42 U.S.C. section 1396r-4(g) and related federal regulations promulgated by the Centers for Medicare and Medicaid Services.

(f) “Uncompensated care and Medicaid fund” means the fund established by RSA 167:63 through RSA 167:65, from which payments are made to eligible hospitals to support their services to Medicaid recipients and uninsured individuals.

(g) “Uninsured patient care” means inpatient and outpatient hospital services provided to any individual with no health insurance or source of third party coverage for services provided to the individual patient during the year. Uninsured patient care does not include care provided to patients with health insurance for the services provided in their third party coverage benefit package but who have unpaid co-pays or deductibles or any other unreimbursed costs associated with a patient’s out of pocket payment responsibilities for covered inpatient or outpatient hospital services provided to them.

History

#5167, EMERGENCY, eff 6-21-91, exp. 10-19-91; ss by #5249, eff 10-18-91; ss by #6599, eff 10-8-97, EXPIRED: 10-8-05
#9814, INTERIM, eff 11-19-10, EXPIRES: 5-18-11; ss by #9916-A, eff 4-23-11; amd by #10029, INTERIM, eff 11-19-11, EXPIRES: 5-17-12; ss by #10109, eff 5-17-12; ss by #10789, eff 2-21-15; ss by #12468, eff 1-26-18; amd by #12719, eff 1-29-19

N.H. Code Admin. R. Ann. He-C 5001.02 Uncompensated Care Reimbursement System {#sec-he-c-5001.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5001.02}

(a) The commissioner of the department shall determine, for each disproportionate share non-public hospital, its annual disproportionate share payment to the extent that such funds are available in the uncompensated care and Medicaid fund.

(b) The disproportionate share payments shall be made in accordance with RSA 167:64.

(c) Disproportionate share payments to the disproportionate share non-public hospitals shall be made at least annually in the fiscal year within which the uncompensated care funds became available, pursuant to He-C 5001.02, based upon the availability of funds in the uncompensated care fund.

(d) Disproportionate share non-public hospitals shall reconcile and submit repayment in the event of an overpayment or to ensure compliance with state and federal law and the Medicaid State Plan as approved by the Centers for Medicare and Medicaid Services.

History

#5167, EMERGENCY, eff 6-21-91, exp. 10-19-91; ss by #5249, eff 10-18-91; ss by #6599, eff 10-8-97, EXPIRED: 10-8-05
#9814, INTERIM, eff 11-19-10, EXPIRES: 5-18-11; ss by #9916-A, eff 4-23-11; ss by #10029, INTERIM, eff 11-19-11, EXPIRES: 5-17-12; ss by #10109, eff 5-17-12; ss by #10789, eff 2-21-15

Part He-C 5002 Uncompensated Care Fund Reporting

N.H. Code Admin. R. Ann. He-C 5002.01 Reporting Requirements {#sec-he-c-5002.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5002.01}

(a) All disproportionate share non-public hospitals, as defined in He-C 5001.01(c), shall complete and submit the “Annual Medicaid Uncompensated Care Cost Data Request Form” (January 2023 edition) as follows:

(1) To the office of the commissioner, NH department of health and human services;

(2) Annually, no later than the second to last Friday in February of each year; and

(3) Signed by the chief financial officer (CFO) of each hospital.

(b) Copies of the “Annual Medicaid Uncompensated Care Cost Data Request Form” (January 2023 edition) may be obtained from the office of the commissioner, department of health and human services, Concord, NH 03301-6505.

(c) Hospitals shall maintain all data on claims related to Medicaid and uninsured patients, including Medicare and third-party liability revenue until such time as directed otherwise by the Department.

History

#6888, eff 11-21-98, EXPIRED: 11-21-06
#9814, INTERIM, eff 11-19-10, EXPIRES: 5-18-11; amd by #9916-A, eff 4-23-11, (para (b)); amd by 9916-B, eff 4-23-11, (para (a)); ss by #10029, INTERIM, eff 11-19-11, EXPIRES: 5-17-12; ss by #10109, eff 5-17-12; ss by #10789, eff 2-21-15; ss by #12468, eff 1-26-18; ss by #12719, eff 1-29-19; (see also Revision Note at part heading for He-C 5002); ss by #13545, eff 1-28-23

N.H. Code Admin. R. Ann. He-C 5002.02 Reconsideration of an Audited Hospital-Specific DSH Limit {#sec-he-c-5002.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5002.02}

(a) A hospital may submit a written request to the department for reconsideration of its audited hospital-specific DSH limit pursuant to 42 U.S.C. section 1396r-4(j)(2) if the following criteria are met:

(1) The hospital has and submits additional data that has not been previously considered; and

(2) There has been no redistribution or recoupment of funds for the fiscal year in question for that hospital or any other hospital.

(b) For the fiscal year 2013 audit, which was issued December 31, 2016, hospitals shall have 13 months from the date of issuance to request reconsideration.

(c) For audit reports for fiscal year 2014 and later, hospitals may request reconsideration within 3 months of issuance of the audit report.

(d) If, in the auditor’s opinion, the additional data would have a material impact on the amount paid to the hospital for that year, the auditor shall conduct a reassessment and issue an addendum, which the auditor shall send to the department.

History

#12468, eff 1-26-18

Part He-C 5003 Premium Schedule

N.H. Code Admin. R. Ann. He-C 5003.01 Premium Schedule for Medicaid for Employed Adults with Disabilities (MEAD) {#sec-he-c-5003.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5003.01}

(a) Monthly premium calculation shall be determined by combining monthly net income for initial eligibility, based on current treatment, disregards and exclusions from income for aid to the permanently and totally disabled (APTD) and aid to the needy blind (ANB) recipients pursuant to He-W 654, with monthly Supplemental Security Income (SSI) and shall include deduction of private health insurance premiums pursuant to He-C 5003.02(b).

(b) As a condition of eligibility for MEAD, recipients shall pay a monthly premium.

(c) The amount of a premium charged to a recipient shall not exceed 7.5% of the recipient’s net income, and spouse’s net income if residing together, with combined net income of less than or equal to 450% of the federal poverty level (FPL).

(d) Premium payment shall be based on the recipient’s net income, and spouse’s net income if residing together, relative to the percent of FPL, rounded up to the next dollar amount, as follows:

(1) Recipients with net income of less than 150% FPL shall not pay a premium;

(2) Recipients with net income of 150% up to and including 200% FPL shall pay not more than 7.5% of 150% FPL;

(3) Recipients with net income of more than 200% up to and including 250% FPL shall pay not more than 7.5% of 200% FPL;

(4) Recipients with net income of more than 250% up to and including 300% FPL shall pay not more than 7.5% of 250% FPL;

(5) Recipients with net income of more than 300% up to and including 350% FPL shall pay not more than 7.5% of 300% FPL;

(6) Recipients with net income of more than 350% up to and including 400% FPL shall pay not more than 7.5% of 350% FPL; and

(7) Recipients with net income of more than 400% up to and including 450% FPL shall pay not more than 7.5% of 400% FPL.

(e) Notwithstanding (c) and (d) above, when a recipient’s annual adjusted gross income as defined by the IRS exceeds $75,000, that recipient shall pay the full premium identified in (f) below.

(f) The full premium shall be calculated annually as 7.5% of the recipient’s adjusted gross income.

(g) A choice to accept retroactive medicaid coverage for the month(s) prior to the date of application shall result in a premium payment due for all retroactive months covered.

(h) The retroactive premium payment shall be included in the first premium payment as specified in (i) below.

(i) The first premium payment shall be billed on the first day of the month following the month eligibility was determined and applied to the month(s) following the month non-retroactive eligibility was determined effective.

(j) Subsequent payments for all months, which shall follow retroactive and first premium payment month(s), shall be due on the first day of the month and applied to the current month.

(k) Premium payments are due by the recipient for every month except for the first month of non-retroactive coverage.

(l) A recipient shall be terminated from MEAD for non-payment of premiums for 2 consecutive months without good cause.

(m) A recipient who has been terminated from MEAD for non-payment of premium in accordance with (l) above shall be reinstated if the recipient meets all other MEAD eligibility criteria in accordance with He-W 641.03 and:

(1) The recipient has paid the past due premiums in full; or

(2) It has been determined by the premium collection agency that the recipient has exhausted all available liquid resources and income with which to pay past due premiums, in accordance with (n)(3) below.

(n) Non-payment of premiums for good cause shall:

(1) Not exceed 3 months;

(2) Be available once every 2 years from the date the last month’s premium was paid; and

(3) Exist only after the recipient has exhausted all available resources and income with which to pay his or her premium, due to one of the following:

a. A temporary or unexpected loss of income lasting for a minimum of 3 months;

b. An uncovered medical expense that prevents payment of the premium; or

c. A hardship due to:

Loss of home;
Costs associated with fire/flood;
Unexpected high heating bills resulting in a 25% increase over annual cost;
Significant car repairs totaling 25% of current gross monthly income; or
Replacement of a refrigerator or stove.

(o) A good cause determination for non-payment of premium shall be verified and made by the premium collection agency.

(p) A 3-month payment plan option shall be available once every 2 years, from the date of the last month a premium was paid, to ease a financial burden due to good cause.

(q) Termination from MEAD shall result from failure to pay in full the balance owed at the end of the 3-month plan in accordance with (p) above.

He- C 5003.02 Private Health Insurance.

(a) Recipients who are eligible for private health insurance through employment or membership in an organization, at no cost to them, shall be enrolled in those insurance plans in order to remain eligible for MEAD.

(b) The amount of any health insurance premium payments paid by a recipient for the recipient and for the recipient’s spouse or children shall be deducted from the recipient’s MEAD premium.

History

#7637, eff 2-1-02; ss by #8237, eff 12-31-04; ss by #10261, eff 1-25-13
#7637, eff 2-1-02; ss by #8237, eff 12-31-04; ss by #10261, eff 1-25-13

Part He-C 5004 Telehealth Services

N.H. Code Admin. R. Ann. He-C 5004.01 Definitions {#sec-he-c-5004.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5004.01}

(a) “Current procedural terminology (CPT) code” and “current dental terminology (CDT) code” means a unique identifying code in the field of medical or dental nomenclature and designated by the United States Department of Health and Human Services as the national coding standard utilized in government and private health insurance programs for reporting medical and dental services and procedures.

(b) “Department” means the New Hampshire department of health and human services.

(c) “Distant site” means the location of the health care provider delivering services through telemedicine at the time the services are provided.

(d) “Healthcare common procedure coding system (HCPCS)” means a standardized coding system used by Medicare that describes services and procedures. HCPCS includes CPT codes that are used primarily to identify products, supplies, and services not included in the normal CPT code list, such as ambulance services and durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS), when used outside a physician’s office.

(e) “Medicaid” means the Title XIX and Title XXI programs administered by the department which makes medical assistance available to eligible individuals.

(f) “National correct coding initiative (NCCI) edits” means standardized coding edits developed by the Centers for Medicare and Medicaid Services (CMS) to reduce improper coding and prevent inappropriate payments when incorrect code combinations are reported.

(g) "Originating site" means the location of the patient, whether or not accompanied by a health care provider, at the time services are provided by a health care provider through telehealth, including, but not limited to, a health care provider's office, a hospital, or a health care facility, or the patient's home or another nonmedical environment such as a school-based health center, a university-based health center, or the patient's workplace.

(h) “Recipient” means any individual who is eligible for and receiving medical assistance under the medicaid program.

(i) “Remote patient monitoring (RPM)” means “remote patient monitoring” as defined in RSA 167:4-d, II(e) namely “the use of electronic technology to remotely monitor a patient's health status through the collection and interpretation of clinical data while the patient remains at an originating site. Remote patient monitoring may or may not take place in real time. Remote patient monitoring shall include assessment, observation, education and virtual visits provided by all covered providers including licensed home health care providers”.

(j) "Store and forward," means “store and forward” as defined in RSA 167:4-d, II(f) namely, “as it pertains to telemedicine and as an exception to 42 C.F.R. section 410.78, means the use of asynchronous electronic communications between a patient at an originating site and a health care service provider at a distant site for the purpose of diagnostic and therapeutic assistance in the care of patients. This includes the forwarding and/or transfer of stored medical data from the originating site to the distant site through the use of any electronic device that records data in its own storage and forwards its data to the distant site via telecommunication for the purpose of diagnostic and therapeutic assistance”.

(k) “Teledentistry” means the acquisition and transmission of all necessary subjective and objective diagnostic data through interactive audio, video, or data communications by a dental provider subject to RSA 317-A:21-e to a NH Medicaid enrolled dentist at a distant site for triage, dental treatment planning, and referral.

(l) “Telehealth” means a two-way, real-time interactive communication between a patient and a physician or medical provider at a distant site through telecommunications equipment including video, audio, and audio-only equipment.

(m) “Title XIX” means the joint federal-state program described in Title XIX of the Social Security Act and administered in New Hampshire by the department under the medicaid program.

(n) “Title XXI” means the joint federal-state program described in Title XXI of the Social Security Act and administered in New Hampshire by the department under the medicaid program.

History

#13651, eff 5-26-23

N.H. Code Admin. R. Ann. He-C 5004.02 Recipient Eligibility {#sec-he-c-5004.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5004.02}

All recipients shall be eligible for telehealth services when:

(a) Telehealth, including teledentistry, is determined medically necessary pursuant to He-W 530.01(e); and

(b) The recipient has consented to using telehealth, including teledentistry, as a method of receiving services.

History

#13651, eff 5-26-23

N.H. Code Admin. R. Ann. He-C 5004.03 Medical Provider Participation {#sec-he-c-5004.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5004.03}

(a) Pursuant to RSA 167:4-d(f), medical providers shall include, but are not limited to the following:

(1) Physicians and physician assistants, governed by RSA 329 and RSA 328-D;

(2) Advanced practice nurses, governed by RSA 326-B and registered nurses under RSA 326-B employed by home health care providers under RSA 151:2-b;

(3) Midwives, governed by RSA 326-D;

(4) Psychologists, governed by RSA 329-B;

(5) Allied health professionals, governed by RSA 328-F;

(6) Dentists, governed by RSA 317-A;

(7) Mental health practitioners governed by RSA 330-A;

(8) Community mental health providers employed by community mental health programs pursuant to RSA 135-C:7;

(9) Alcohol and other drug use professionals, governed by RSA 330-C;

(10) Dietitians, governed by RSA 326-H; and

(11) Professionals certified by the national behavior analyst certification board or persons performing services under the supervision of a person certified by the national behavior analyst certification board.

(b) Medical providers described in He-C 5004.03(a) above, shall be permitted to perform health care services through the use of all modes of telehealth, including video and audio, audio-only, or other electronic media.

(1) Be licensed to practice by the state of New Hampshire;

(2) Be a NH enrolled Title XIX provider;

(3) Request and obtain prior authorization in accordance with He-W 531.07 and dental request per He-W 566.07;

(4) Assure the same rights to confidentiality and security as provided in face-to-face services; and

(5) Ensure the patient’s informed consent to the use of telehealth and advise members of any relevant privacy considerations.

(d) Medical providers shall adhere to the same standards of clinical practice and record keeping that apply to other covered services.

History

#13651, eff 5-26-23

N.H. Code Admin. R. Ann. He-C 5004.04 Service Limits {#sec-he-c-5004.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5004.04}

(a) Telehealth services shall be subject to the same service limits set forth in He-W 530.03.

(b) Teledentistry services shall be subject to the same service limits set forth in He-W 566.04.

History

#13651, eff 5-26-23

N.H. Code Admin. R. Ann. He-C 5004.05 Covered Services {#sec-he-c-5004.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5004.05}

(a) Telehealth services, provided through a medicaid managed care organization (MCO), as defined in He-W 506.03(h) shall be furnished in an amount, duration, and scope that is no less than the amount, duration, and scope for the same services furnished to recipients under fee-for-service as defined in He-W 506.03(f).

(b) The following considerations shall apply to RPM, as defined in He-C 5004.01(i) above, medical conditions that may be treated or monitored by means of RPM include but are not limited to:

(1) Congestive heart failure;

(2) Diabetes;

(3) Chronic obstructive pulmonary disease;

(4) Wound care;

(5) Polypharmacy, mental or behavioral conditions, and technology dependent care such as the use of continuous oxygen, ventilator care, total parenteral nutrition, or enteral feeding;

(6) Hypertension;

(7) Pneumonia; or

(8) Patients at high risk of hospitalization.

(c) Medical devices supplied to patients as part of RPM services shall comply with section 201 of the Federal Food, Drug and Cosmetic Act (FDA) which requires the wirelessly synced device to be reliable and to transmit data electronically for interpretation and recommendations automatically rather than the patient having to self-report to providers.

(d) Telehealth for developmental disabilities and acquired brain disorder home and community based care waiver services shall be provided in accordance with the Centers for Medicare and Medicaid’s “Appendix K: Emergency Preparedness and Response for Home and Community Based (HCBS) 1915(c) Waivers” (effective March 2020 through 6 months after the end of the federal public health emergency), as available in Appendix A.

(e) Telehealth for choices for independence home and community based waiver services shall be provided in accordance with the Centers for Medicare and Medicaid’s “Appendix K: Emergency Preparedness and Response for Home and Community Based (HCBS) 1915(c) Waivers” (effective March 2020 through 6 months after the end of the federal public health emergency), as available in Appendix A.

(f) Telehealth for in home supports home and community based waiver services shall be provided in accordance with the Centers for Medicare and Medicaid’s “Appendix K: Emergency Preparedness and Response for Home and Community Based (HCBS) 1915(c) Waivers” (effective March 2020 through 6 months after the end of the federal public health emergency), as available in Appendix A.

History

#13651, eff 5-26-23

N.H. Code Admin. R. Ann. He-C 5004.06 Confidentiality {#sec-he-c-5004.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5004.06}

(a) All services delivered via telehealth shall comply with all applicable state and federal laws or regulations as allowed by the Medicaid program.

(b) Privacy shall be maintained during all patient-provider interactions.

(c) All existing confidentiality requirements that apply to medical records shall apply to services delivered by telehealth.

History

#13651, eff 5-26-23

N.H. Code Admin. R. Ann. He-C 5004.07 Patient Rights and Consents {#sec-he-c-5004.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5004.07}

(a) The provider shall present the patient with basic information about the services that the patient will be receiving via telehealth.

(b) The patient shall provide his or her consent to participate in services utilizing this technology.

(d) Culturally competent translation or interpretation services shall be provided when the patient and the distant provider do not speak the same language.

(e) Documentation in the patient’s medical record shall reflect that the patient was informed of the patient’s rights policies which include the following:

(1) The right to refuse to participate in services delivered via telehealth;

(2) The role of the provider at the distant site and the professional staff at the originating site who shall be responsible for follow up or ongoing care;

(3) The city and state of the distant site provider and all questions regarding the equipment and the technologies are addressed;

(4) The right to be referred to in-person emergency care when clinically appropriate;

(5) The right to be informed of all the parties who shall be present at each end of the telehealth transmission; and

(6) The right to know how an emergency would be handled by the provider during a telehealth visit.

History

#13651, eff 5-26-23

N.H. Code Admin. R. Ann. He-C 5004.08 Failure of Transmission {#sec-he-c-5004.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5004.08}

(a) All telehealth providers shall have written procedures detailing a contingency plan in the case of a failure of transmission or other technical difficulty that renders the service undeliverable.

(b) A claim for payment shall not be submitted to Medicaid when the transmission fails.

History

#13651, eff 5-26-23

N.H. Code Admin. R. Ann. He-C 5004.09 Non-Covered Services {#sec-he-c-5004.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5004.09}

Installation to provide telehealth services or maintenance of telehealth hardware, software, or other equipment shall not be covered by Medicaid.

History

#13651, eff 5-26-23

N.H. Code Admin. R. Ann. He-C 5004.10 Prior Authorization {#sec-he-c-5004.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5004.10}

Telehealth services, including teledentistry, shall be subject to the same prior authorization requirements as services delivered via face to face.

History

#13651, eff 5-26-23

N.H. Code Admin. R. Ann. He-C 5004.11 Utilization Review and Control {#sec-he-c-5004.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5004.11}

The department’s program integrity unit shall monitor utilization of telehealth, including teledentistry services, to identify, prevent, and correct potential occurrences of fraud, waste, and abuse, in accordance with 42 CFR 455, CFR 456, and He-W 520.

History

#13651, eff 5-26-23

N.H. Code Admin. R. Ann. He-C 5004.12 Third Party Liability {#sec-he-c-5004.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5004.12}

All third party obligations shall be exhausted before Title XIX shall be billed, in accordance with 42 CFR 433.139.

History

#13651, eff 5-26-23

N.H. Code Admin. R. Ann. He-C 5004.13 Payment for Services {#sec-he-c-5004.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5004.13}

(a) Payment to medical providers, described in He-C 5004.03 above, shall be made in accordance with rates established by the department in accordance with RSA 161:4, VI(a).

(b) Services delivered via telehealth shall be reimbursed pursuant to RSA 167:4-d III(b) and (c).

(d) Dental providers shall use CDT procedure codes when billing.

(e) All claims for payment shall be submitted to the department’s fiscal agent.

(f) All providers shall maintain supporting records in accordance with He-W 520.

(g) All providers shall be responsible for determining that the recipient is Title XIX eligible on the date of service.

(h) Payment for store and forward and remote patient monitoring shall only be available as funding and resources within the current state fiscal year are available.

PARTS He-C 5005 through He-C 5009 - RESERVED

History

#13651, eff 5-26-23

Part He-C 5010 Drug Use Review Board

N.H. Code Admin. R. Ann. He-C 5010.01 Purpose {#sec-he-c-5010.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5010.01}

The purpose of these rules is to describe the establishment and operation of the New Hampshire drug use review board (DUR board), created to comply with federal requirements of Section 4401 of the Omnibus Budget Reconciliation Act of 1990 relative to pharmaceutical services furnished under the medicaid fee for service (FFS) program and to comply with Chapter 19 Laws of New Hampshire (2009).

History

#5529, eff 12-16-92; ss by #6907, eff 12-9-98; ss by #8743, eff 10-24-06; ss by #9587, eff 11-4-09; ss by #12460, eff 1-13-18

N.H. Code Admin. R. Ann. He-C 5010.02 Definitions {#sec-he-c-5010.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5010.02}

(a) “Commissioner” means the commissioner of the New Hampshire department of health and human services, or his or her designee.

(b) “Department” means the New Hampshire department of health and human services (DHHS).

(c) “Drug use review (DUR)” means a program designed to ensure that prescriptions are appropriate, medically necessary, and not likely to result in adverse medical results.

(d) “DUR board” means an advisory board to the state’s medicaid pharmacy program as required by the Omnibus Budget Reconciliation Act of 1990.

(e) “Medicaid” means the Title XIX and Title XXI programs administered by the department which makes medical assistance available to eligible individuals.

(f) “Pharmacy benefit manager (PBM)” means the vendor representative designated by the department to administer the medicaid pharmacy benefit for medicaid recipients.

(g) “Prescriber” means any professional whose licensure and scope of practice permits prescribing medications.

(h) “Provider” means an entity or individual who furnishes health care services or supplies to medicaid recipients under a provider enrollment agreement with the department, and is licensed or certified pursuant to applicable state law and rules to provide such services and supplies.

(i) “Recipient” means any individual who is eligible for and receiving medical assistance under medicaid.

(j) “Surveillance and utilization review subsystem (SURS)” means the function within the department to assess the quality of care, services, or supplies received by medicaid recipients and to ensure that accurate billing and proper reimbursement has been made for the care, services, or supplies.

(k) “Title XIX program” means the joint federal-state program described in Title XIX of the Social Security Act and administered in New Hampshire by the department, under the medicaid program.

(l) “Title XXI program” means the joint federal-state program described in Title XXI of the Social Security Act and administered in New Hampshire by the department under the medicaid program.

History

#5529, eff 12-16-92; ss by #6907, eff 12-9-98; ss by #8743, eff 10-24-06; ss by #9587, eff 11-4-09; ss by #12460, eff 1-13-18

N.H. Code Admin. R. Ann. He-C 5010.03 DUR Board Composition {#sec-he-c-5010.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5010.03}

(a) Membership of the DUR board shall comply with 42 USC 1396r-8(g)(3)(B) and be composed as follows:

(1) A total of 3 members shall be physicians, currently licensed and actively practicing medicine in New Hampshire pursuant to RSA 329; and

(2) A total of 3 members shall be pharmacists, currently licensed and actively practicing in New Hampshire pursuant to RSA 318.

(b) Each member shall possess one of the skills identified in 42 USC 1396r-8(3)(B)(i) and (ii), as well as one of the skills identified in 42 USC 1396r-8(3)(B)(iii) and (iv).

History

#5529, eff 12-16-92; ss by #5608, eff 4-6-93; ss by #6907, eff 12-9-98; ss by #8743, eff 10-24-06; ss by #9587, eff 11-4-09; ss by #12460, eff 1-13-18

N.H. Code Admin. R. Ann. He-C 5010.04 Staff Support {#sec-he-c-5010.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5010.04}

The department shall name one staff person to consult with the DUR board and participate in the DUR board’s deliberations. This individual shall not be a voting member of the DUR board and shall not be assigned to any drug-related SURS function within the department.

History

#5529, eff 12-16-92; ss by #5608, eff 4-6-93; ss by #6907, eff 12-9-98; ss by #8743, eff 10-24-06; ss by #9587, eff 11-4-09 (from He-C 5010.05); ss by #12460, eff 1-13-18

N.H. Code Admin. R. Ann. He-C 5010.05 Terms of Appointment {#sec-he-c-5010.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5010.05}

(a) Each member of the DUR board shall be appointed by the commissioner to serve a 4 year term.

(b) Any vacancy on the DUR board shall be filled by the commissioner’s appointment of a person to serve the remainder of the current term. Such person shall be from the same category described in He-C 5010.03(a) as the person being replaced. All subsequent appointments shall be for 4-year terms.

History

#5529, eff 12-16-92; ss by #5608, eff 4-6-93; ss by #6907, eff 12-9-98; ss by #8743, eff 10-24-06; ss by #9587, eff 11-4-09 (from He-C 5010.06); ss by #12460, eff 1-13-18

N.H. Code Admin. R. Ann. He-C 5010.06 Operation of the DUR Board {#sec-he-c-5010.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5010.06}

The DUR board shall establish and comply with bylaws outlining procedures for accomplishing the following:

(a) Selecting a chairperson;

(b) Scheduling regular meetings;

(d) Preparing notices of meetings consistent with RSA 91-A:2;

(e) Affirming that all DUR board activities are consistent with applicable confidentiality requirements, and in accordance with 42 CFR 431, Part F;

(f) Preparing and disseminating minutes of each meeting;

(g) Preparing an annual report;

(h) Reviewing and updating the bylaws; and

(i) Other matters of internal governance, as necessary.

History

#5529, eff 12-16-92; ss by #5608, eff 4-6-93; ss by #6907, eff 12-9-98; ss by #8743, eff 10-24-06; ss by #9587, eff 11-4-09 (from He-C 5010.07); ss by #12460, eff 1-13-18

N.H. Code Admin. R. Ann. He-C 5010.07 Functions and Responsibilities of the DUR Board {#sec-he-c-5010.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5010.07}

(a) The DUR board shall hold meetings no less than semi-annually.

(b) Based on 42 USC 1396r-8(g)(1)(A) and (B), the DUR board shall make recommendations to the commissioner regarding policy, procedures, and standards for the implementation of the medicaid pharmacy benefit, the primary focus of which shall be the education of providers and medicaid recipients to maximize the quality of care provided.

(1) The clinical operation of the pharmacy benefit management program;

(2) Which medications are subject to prior authorization, pursuant to He-C 5010.08(d); and

(3) The criteria required for prior authorization to be granted, pursuant to He-C 5010.08(d).

(d) The DUR board shall develop a retrospective DUR program in accordance with the following:

(1) The DUR board shall recommend to the commissioner the standards for the mechanized drug claims processing and information retrieval system;

(2) The DUR board shall recommend to the commissioner parameters for the PBM’s performance of ongoing periodic examination of claims data and other records in order to identify patterns of fraud, abuse, gross overuse, or inappropriate or medically unnecessary care among prescribers, pharmacists, and recipients; and

(3) The DUR board shall review recommendations of the PBM’s pharmacist and physician, which shall be based upon evidence-based and peer-reviewed medical literature or at least one of the following compendia:

a. American Hospital Formulary Service Drug Information;

b. United States Pharmacopoeia-Drug Information; or

c. American Medical Association Drug Evaluations.

(e) In accordance with 42 USC 1396r-8(g)(3)(C), the DUR board shall recommend ongoing educational interventions for:

(1) Prescribers and pharmacists, targeted toward over use, under use, or misuse of pharmacy services or benefits; and

(2) Individuals identified in the course of retrospective drug use reviews performed under (d) above.

(f) Recommendations made pursuant to (e) above shall include:

(1) Information to prescribers and pharmacists concerning the DUR board’s duties, functions, and responsibilities;

(2) Written, oral, or electronic reminders concerning patient-specific or drug-specific information, or both, with suggested changes in prescribing or dispensing practices, communicated in a manner designated to ensure the privacy of patient-related information;

(3) The use of face-to-face discussions between health care professionals who are experts in rational drug therapy and prescribers and pharmacists who have been targeted for educational intervention; and

(4) The intensified review or monitoring of prescribers or pharmacists who have been targeted for review under this section.

(g) The DUR board shall re-evaluate interventions as described in (f) above, after a period of time which the DUR board has determined is sufficient, based on the specific circumstances of the prescribing practice under review, to determine if the interventions improved the quality of drug therapy, to evaluate the success of the interventions, and to recommend modifications as necessary.

(h) The DUR board shall prepare an annual report to be provided to the commissioner.

(i) The annual report in (h) above shall include:

(1) A description of the activities of the DUR board, including the nature and scope of the prospective and retrospective DUR programs;

(2) A summary of the interventions used;

(3) An assessment of the impact of these interventions on quality of care; and

(4) An estimate of the cost savings generated as a result of such programs.

(j) The DUR board shall advise the commissioner on the criteria for the pharmacy lock-in program defined in He-W 570.01 and described more particularly at He-W 570.07.

(k) Other reports and data shall be provided by the DUR board to the commissioner at such time and in such format as he or she requests.

History

#5529, eff 12-16-92; amd by #5608, eff 4-6-93; ss by #6907, eff 12-9-98; ss by #8743, eff 10-24-06; ss by #9587, eff 11-4-09 (from He-C 5010.08); ss by #12460, eff 1-13-18

N.H. Code Admin. R. Ann. He-C 5010.08 Public Hearing Requirements {#sec-he-c-5010.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5010.08}

In furtherance of He-C 5010.07(c) above, the DUR board shall:

(a) Hold a public hearing, in accordance with RSA 91-A, 2002, 281:9, III, as repealed and reenacted by 2003, 319:176, and 2009, 19:1, to afford opportunity for the public to present its views regarding the components of the prior authorization process and any changes thereto;

(b) Give public notice of the DUR board hearing agenda as it relates to prior authorized medications and any meeting date, time, and location in a public notice advertisement in a publication of daily statewide circulation at least 30 days in advance of the public meeting;

(c) Make available at least 15 days in advance of the public hearing, the specific proposed criteria or proposed changes to the list of medications subject to prior authorization;

(d) Conduct the hearing in accordance with the following:

(1) A record of the public hearing shall be kept by electronic recording or other method that will provide a verbatim record;

(2) The presiding officer at the public hearing shall be the medicaid pharmacy director or the individual designated by the medicaid pharmacy director to preside at the hearing;

(3) The presiding officer shall open the public hearing by describing in general terms the purpose of the hearing and procedures governing its conduct; and

(4) Testimony at the public hearing shall adhere to the following requirements:

a. Anyone wishing to submit written testimony or exhibits at the public hearing shall submit them to the presiding officer, provided such testimony or exhibit is signed and dated by the individual submitting it;

b. Anyone wishing to testify at the public hearing shall submit in writing to the presiding officer the person’s name, address, and whom, if anyone, that person represents;

c. The presiding officer shall call each person to present testimony; and

d. The presiding officer shall rule any comments, questions, or discussions that the presiding officer determines not to be relevant to the subject of the public hearing out of order, and proceed to the next speaker; and

(e) Recommend to the commissioner the components of the prior authorization process and any changes thereto after considering the following, to the extent reasonably available:

(1) Review of evidence-based comparative effectiveness reviews addressing medications, to include consideration of diagnosis, disease states, drug interactions, diagnostic testing, complicating medical factors, and potential for abuse or misuse;

(2) Identification of the availability of more cost effective, alternative medications;

(3) Clinical advantages, disadvantages, and medical necessity for medications identified in (2) above;

(4) Identification of drug contraindications that would affect the quality of care provided to recipients;

(5) Efficacy of available pharmaceuticals;

(6) Appropriate clinical use of medications for recipients considering their individual clinical circumstances including but not limited to age, gender, race, comorbidities, and allergies; and

(7) Comments on components of the prior authorization process submitted by the public for consideration.

History

#5529, eff 12-16-92; amd by #5608, eff 4-6-93; ss by #6907, eff 12-9-98; ss by #8743, eff 10-24-06; ss by #9587, eff 11-4-09; ); ss by #12460, eff 1-13-18

N.H. Code Admin. R. Ann. He-C 5010.09 Independence of the DUR Board {#sec-he-c-5010.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5010.09}

The DUR board’s relationship to the SURS program, to the board of medicine, and to the board of pharmacy shall be as follows:

(a) The DUR board shall not directly participate in any SURS operation or activities except to the extent that educational materials prepared by the DUR board are provided to the department, as they are to providers, recipients, and the public;

(b) The DUR board shall not involve itself as an entity in any individual cases relating to professional conduct or practice standards that might be before the board of medicine, the board of pharmacy, or other regulatory or oversight boards or bodies; and

(c) If the DUR board finds evidence of continuing fraud, abuse, or gross misuse by medicaid providers after the implementation of educational interventions pursuant to He-C 5010.08(c), they shall be referred to the department for further action.

History

#5529, eff 12-16-92; ss by #6907, eff 12-9-98; ss by #8743, eff 10-24-06; ss by #9587, eff 11-4-09 ss by #12460, eff 1-13-18

Part He-C 5011 County Reimbursement of Funds, Credit Allocation for Fiscal Year 2009

N.H. Code Admin. R. Ann. He-C 5011.01 Departmental Medicaid Program Administration {#sec-he-c-5011.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 5011.01}

– He-C 5011.04

APPENDIX A

Rule

Title

Publisher; How to Obtain; and Cost

He-C 5004.05(d), (e), and (f)

Centers for Medicare and Medicaid’s, “Appendix K: Emergency Preparedness and Response for Home and Community Based (HCBS) 1915(c) Waivers” (March 2020)

Publisher: Centers for Medicare and Medicaid

Cost: Free of Charge

The incorporated document is available at: https://www.medicaid.gov/resources-for-states/disaster-response-toolkit/home-community-based-services-public-health-emergencies/emergency-preparedness-and-response-for-home-and-community-based-hcbs-1915c-waivers/index.html#:~:text=Appendix%20K%20is%20a%20standalone%20appendix%20that%20may,authority%20in%20order%20to%20respond%20to%20an%20emergency.

APPENDIX B

Rule

Specific State Statute the Rule Implements

He-C 5001

RSA 167:63-65

He-C 5002

RSA 167:63-65

He-C 5003.01 - 5003.02

RSA 167:6, IX; Section 1902 (a) (10) (A) (ii) (XV), Ticket to Work and Work Incentives Improvement Act

He-C 5004.01-5004.03

RSA 167:4-d,

He-C 5004.04

42 CFR 440.230(d)

He-C 5004.05

RSA 167:4-d; 42 CFR 440.230

He-C 5004.06

RSA 161:2-VI

He-C 5004.07

RSA 161:4, X(m)

He-C 5004.08

RSA 161:4, X(l)

He-C 5004.09

42 CFR 440.230(d); RSA 541-A; 21, VIII

He-C 5004.10

42 CFR 440.230(d); 42 CFR 431.107; RSA 126-A:5, VII

He-C 5004.11

42 CFR 455; 42 CFR 456

He-C 5004.12

42 CFR 433.139

He-C 5004.13

42 CFR 447.15; RSA 161:4, VI(a); RSA 167:4-d, III (b) and (c)

He-C 5010 All sections

Laws of 2009, 19:1

He-C 5010.01

42 CFR 456.716; Section 4401 of OBRA 1990

He-C 5010.02

42 CFR 456, Subpart K

He-C 5010.03

42 CFR 456.716(a) & (b); Section 1396r-8(g)(3)(B) of the SS Act

He-C 5010.04

42 CFR 456.716(b); Section 1396r-8(g)(3)(B) of the SS Act

He-C 5010.05

42 CFR 456.716(a)

He-C 5010.06

42 CFR 456.716(b)

He-C 5010.07

Section 1396r-8(g)(3)(C) & (D) of the SS Act; 42 CFR 456.712

He-C 5010.08

Section 1396r-8(g)(3)(C) & (D) of the SS Act; 42 CFR 456.716(d); 42 CFR 456.709

He-C 5010.09

42 CFR 456.714

He-C 5011.01 and 5011.02

RSA 167:18-a

He-C 5011.03

RSA 167:18-a, III(a)(1)

He-C 5011.04

RSA 167:18-a, III(a)(1) and (b)

History

#9190, INTERIM, eff 7-1-08, EXPIRED: 12-28-08

Chapter He-C 6300 General Program Administration

Part He-C 6339 Certification for Payment Standards for Community-Based in Home Service Providers: Child Health Support, Home Based Therapeutic, Therapeutic Day Treatment, Adolescent Community Therapeutic Services and Individual Service Options - in-Home

N.H. Code Admin. R. Ann. He-C 6339.01 Purpose {#sec-he-c-6339.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.01}

(a) The purpose of this part is to identify the qualifications and performance requirements to become a provider of community-based in-home services for the division for children, youth and families (DCYF) and describe in-home services that assist children and families in remedying abusive, neglectful, delinquent, and children in need of services (CHINS) behaviors. These services include child health support, home based therapeutic, therapeutic day treatment, adolescent community therapeutic services, and individual service options in-home.

(b) The goals of in-home community based services are to:

(1) Ensure the safety of children, families, and communities;

(2) Improve interpersonal relationships and communication within the family;

(3) Prevent the placement of a child in out-of-home care;

(4) Reduce the recurrence of juvenile delinquent or status offenses;

(5) Improve each child’s well-being in the home and community;

(6) Stabilize the child and family by providing therapeutic support prior to a court-ordered or voluntary placement; and

(7) Assist in preparing the family and the child for reunification if the child is in out-of-home placement by:

a. Supporting the permanency plan of the child; and

b. Supporting and enhancing the child’s positive community connections.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.02 Scope {#sec-he-c-6339.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.02}

This part shall apply to community-based in-home service providers who receive medicaid or financial reimbursement from the department of health and human services (DHHS) for services provided to children and families.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.03 Definitions {#sec-he-c-6339.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.03}

(a) “Adolescent community therapeutic services” means the implementation, coordination, and maintenance of cases involving children in need of services and delinquents, which include intensive monitoring, counseling, and supervision of juveniles.

(b) “Agency” means the board of directors, executive director, and employees of an organization that is incorporated and recognized by the NH secretary of state or another state’s regulatory authority.

(d) “Certification for payment” means the process by which the division for children, youth and families approves the qualifications of and payment to providers of community-based in-home service.

(e) “Child or minor” means an individual from birth through age 20, except as otherwise stated in a specific provision.

(f) “Child health support services” means in-home support services for children and families through the provision of supportive counseling, health assessment, health education, behavioral health management, referral to resources, coordination of services, and other supports for the purpose of improving the health and well-being of children and other family members.

(g) “Child in need of services (CHINS)” means “child in need of services” as defined by RSA 169-D:2.

(h) “Child protective service worker (CPSW)” means an employee of the division for children, youth and families who has expertise in managing cases to ensure families and children achieve safety, permanency and well-being.

(i) “Commissioner” means the commissioner of the department of health and human services or his or her designee.

(j) “Community-based in-home services” means child health support, home-based therapeutic, therapeutic day treatment, individual service options in-home, and adolescent community therapeutic services.

(k) “Conflict of interest” means a situation, circumstance, or financial interest, which has the potential to cause a private interest to interfere with the proper exercise of a public duty.

(l) “Corporal punishment” means the deliberate infliction of pain intended to correct behavior or to punish.

(m) “Court-ordered” means a written decree that is issued by a district, family, superior, probate, or Supreme Court.

(n) “Department (DHHS)” means the department of health and human services.

(o) “Direct service staff” means employees, contractors, and volunteers who have access to children or access to client information.

(p) “Director” means the director of the division for children, youth and families, or the director of the division for juvenile justice services, or designee.

(q) “Division for children, youth and families (DCYF)” means the organizational unit of the department of health and human services that provides services to children and youth referred by courts pursuant to RSA 169-A, RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, RSA 170-H and RSA 463.

(r) “DCYF Case plan” means the division for children, youth and families or the division of juvenile justice services written document, pursuant to RSA 170-G:4, III, that describes the service plan for the child and family, and addresses outcomes, tasks, responsible parties, and timeframes for correcting problems that led to abuse, neglect, delinquency, or child in need of services (CHINS).

(s) “Evidence-informed practice” means the process of treatment, which takes into account client preferences and values, practitioner expertise, best scientific evidence, and clinical characteristics and circumstances.

(t) “Family” means a child(ren) and an adult(s) who reside in the same household and who have a birth, foster, step, adoptive, legal guardianship, or caretaker relative relationship.

(u) “Founded” means a report of abuse or neglect where the department has determined that there is a preponderance of the evidence to believe that a child has been abused or neglected.

(v) “Home-based therapeutic services” means the provision of intensive, short term, therapeutic interventions in the home setting in order to strengthen the family and prevent placement of the child(ren).

(w) “Indicator” means a measure, for which data is available, that helps quantify the achievement of a desired result or outcome.

(x) “Individualized education plan (IEP)” means a child-specific plan that meets educational needs, as defined in RSA 186-C:2, III.

(y) “Individual service options (ISO) In-Home” means a variety of intensive therapeutic, social, and community-based services provided or coordinated to meet the individual needs of a child and his or her family in their residence to prevent placement or to provide post-placement family support, or in a DCYF general foster care setting.

(z) “Juvenile probation and parole officer (JPPO)” means an employee of DCYF who discharges the powers and duties established by RSA 170-G:16, and supervises paroled delinquents pursuant to RSA 170-H.

(aa) “Maltreatment” means the emotional or physical abuse or neglect of a child.

(ab) “Medicaid prior authorization,” means the documentation provided by DCYF indicating the department’s responsibility for payment for medicaid eligible children.

(ac) “NH bridges” means the automated case management, information, tracking, and reimbursement system used by DCYF.

(ad) “NH medicaid mental health authority” means the office of community mental health services administration, under the division of behavioral health within DHHS.

(ae) “Non-court-ordered” means any voluntary agreement between DCYF and a family.

(af) “Outcome” means the intended result or consequence that will occur from carrying out a program or activity.

(ag) “Performance indicators” means the utilization of data measurements to gauge program or activity performance.

(ah) “Prescribing practitioner” means a provider licensed by the New Hampshire Board of Mental Health Practice, Board of Nursing, Board of Psychology or the Board of Medicine that provides services identified on 42 CFR 440:130 to reduce a physical or mental disability and aid in the restoration of a recipient to their best functional level, who demonstrates approval of a medicaid-covered in home support services by signing the child and family’s treatment plan.

(ai) “Primary Caring Adult (PCA)” means someone who:

(1) The child wants to be his or her primary caring adult with whom the child may or may not live upon case closure;

(2) Is fit to serve as the child’s primary caring adult;

(3) Makes a lifelong commitment to be the child’s primary source of guidance and encouragement;

(4) Understands the child’s current and future needs; and

(5) Is an adult other than the child’s parent.

(aj) “Program consultant” means an individual who meets the requirements of the individuals listed in He-C 6339.16(j)(1) or (j)(2).

(ak) “Progress report” means the monthly written notes, specific case reports, and outcome reporting sent by the staff of an agency that documents improvement or lack of improvement made by the child or family toward specific goals, and may also include demographic data and performance indicators, a summary of family contacts, modification to the treatment plan, educational contacts with other professionals, and the disposition of grievances.

(al) “Provider” means the agency that serves a child or family and receives financial reimbursement from DHHS.

(am) “Quality assurance” means the process that DCYF uses to monitor the quality and effectiveness of community-based in-home services.

(an) “Service authorization” means the documentation provided by DCYF indicating the division’s responsibility for payment of community-based services for non-medicaid eligible children.

(ao) “Structured decision making (SDM)” means a case management system utilizing a standardized, systematic approach to manage child protection services.

(ap) “Therapeutic day treatment services” means in-depth, short-term, outcome-oriented, therapeutic services provided to enable a child to reside in the community.

(aq) “Treatment plan” means the written, time-limited, goal-oriented, evidence based plan for the child and family developed by the provider and DCYF, which is in agreement with the DCYF case plan.

(ar) “Voluntary services” means any voluntary, non-court ordered agreement between DCYF and a family.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.04 Application for Enrollment and Certification for Payment Standards for Community-Based In-Home Service {#sec-he-c-6339.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.04}

(a) Applicants who seek initial certification for payment standards for community-based in home service shall contact a DCYF district office supervisor or designee and request to be referred for certification.

(b) Each applicant to be a provider of child health support services shall complete, sign, and submit, a Form 2603 “Application for Certification and Enrollment of Child Health Support Services Providers” (October 2016).

(c) Each applicant shall complete, sign, and submit a “Statement of Affirmation” as part of Form 2603 “Application for Certification and Enrollment of Child Health Support Service Providers” (October 2016), that certifies the following:

“I affirm that all the information contained in this application is true, correct, and complete to the best of my knowledge and belief. I acknowledge that the provision of false information in the review document is a basis for denial of the continuation of certification. I understand that DCYF has the right to review the information contained in this review document;

I affirm that I will notify DCYF in writing within 10 days of any change in the information contained in this review of continued certification;

By my signature below, I affirm that I have read and agree to adhere to administrative rule He-C 6339, “Certification for Payment Standards for In Home Community Based Service Providers.”

(d) Part C of Form 2603 “Application for Certification and Enrollment of Child Health Support Service Providers” (October 2016) shall be completed, signed, and dated by each direct service staff and include the following:

“I declare that all the information contained above is true, correct and complete to the best of my knowledge and belief. I acknowledge that the provision of false information in the application is a basis for denial of the application.”

(e) Each submitted and signed Part C of Form 2603 “Application for Certification and Enrollment of Child Health Support Service Providers” (October 2016) shall have the following attestation signed and dated by the executive director or designee:

“I certify that a criminal record check for this individual is completed and on file at the agency.”

(f) The applicant shall provide the following information with or in addition to Form 2603 “Application for Certification and Enrollment of Child Health Support Service Providers” (October 2016):

(1) A completed, signed, and dated “State of New Hampshire Alternative W-9. (October 2016);”

(2) A current list of the board of directors including the following for each member of the board:

a. The full name;

b. The office held;

c. The professional affiliation; and

d. The address, telephone, and email address;

(3) A copy of the organizational structure of the program;

(4) Prescribing practitioner’s license;

(5) A copy of the professional and general liability insurance certificate(s) for the program;

(6) A copy of the program brochure; and

(7) A copy of a current resume or curriculum vitae of the program consultant.

(g) Each applicant for home-based therapeutic services shall complete and submit a signed and dated Form 2604 “Application for Certification and Enrollment of Home-based Therapeutic Service Providers” (October 2016).

(h) A Part C of Form 2604 “Application for Certification and Enrollment of Home-based Therapeutic Service Providers” (October 2016) shall be signed and dated by each direct service staff, and include the following:

“I declare that all the information contained above is true, correct, and complete to the best of my knowledge and belief. I acknowledge that the provision of false information in the application is a basis for denial of the application.”

(i) Each submitted and signed Part C of Form 2604 “Application for Certification and Enrollment of Home-based Therapeutic Service Providers” (October 2016) shall have the following attestation signed and dated by the executive director or designee:

“I certify that a criminal record check for this individual is completed and on file at the agency.”

(j) The applicant shall submit a signed and dated “Statement of Affirmation” as part of Form 2604 “Application for Certification and Enrollment of Home-based Therapeutic Service Providers” (October 2016), that certifies the following:

“I affirm that all the information contained in this application is true, correct, and complete to the best of my knowledge and belief. I acknowledge that the provision of false information in the application is a basis for denial of application. I understand that DCYF has the right to review the information contained in this application.

I affirm that I will notify DCYF in writing within 10 days of any change in the information contained in this application.

By my signature below, I affirm that I have read and agree to adhere to administrative rule He-C 6339, “Certification for Payment Standards in Home Community Based Service Providers.”

(k) The applicant shall provide the following information with, or in addition, to Form 2604 “Application for Certification and Enrollment of Home-based Therapeutic Service Providers” (October 2016) in (f) above:

(1) A copy of a completed, signed, and dated “State of New Hampshire Alternative W-9” (October 2016);

(2) A current list of the board of directors including the following for each member of the board:

a. The full name;

b. The office held;

c. The professional affiliation; and

d. The address, telephone, and email address;

(3) A copy of the program organizational structure;

(4) A copy of the prescribing practitioner’s license;

(5) A copy of the professional and general liability insurance certificate(s) for the program;

(6) A copy of the program brochure; and

(7) A copy of a current resume or curriculum vitae for the program coordinator and clinical supervisor.

(l) Each applicant for therapeutic day treatment services shall complete and submit a signed and dated Form 2605 “Application for Certification and Enrollment of Therapeutic Day Service Providers” (October 2016).

(m) Part C of Form 2605 “Application for Certification and Enrollment of Therapeutic Day Service Providers” (October 2016) shall be signed and dated by each direct service staff and include the following affirmation:

(n) Each submitted and signed Part C of Form 2605 “Application for Certification and Enrollment of Therapeutic Day Service Providers” (October 2016) shall have the following attestation signed and dated by the executive director or designee:

“I certify that a criminal record check for this individual is completed and on file at the agency.”

(o) The applicant shall submit a signed and dated “Statement of Affirmation” as part of Form 2605 “Application for Certification and Enrollment of Therapeutic Day Service Providers” (October 2016) that certifies the following:

“I affirm that all the information contained in this application is true, correct, and complete to the best of my knowledge and belief. I acknowledge that the provision of false information in the application is a basis for denial of the application. I understand that DCYF has the right to review the information contained in this application.

I affirm that I will notify DCYF in writing within 10 days of any change in the information contained in this application.

By my signature below, I affirm that I have read and agree to adhere to Administrative Rule He-C 6339, “Certification for Payment Standards for In Home Community Based Service Providers.”

(p) The applicant shall provide the following information with, or in addition to, Form 2605 “Application for Certification and Enrollment of Therapeutic Day Service Providers” (October 2016) in (m) above:

(1) A completed, signed, and dated “State of New Hampshire Alternative W-9” (October 2016);

(2) A current list of the board of directors including the following for each member of the board:

a. The full name;

b. The office held;

c. The professional affiliation; and

d. The address, telephone, and email address;

(3) A copy of the program organizational structure;

(4) A copy of the prescribing practitioner license;

(5) A copy of the professional and general liability insurance certificate(s) for the program;

(6) A copy of the program brochure; and

(7) A copy of a current resume or curriculum vitae for the program consultant.

(q) Each applicant for adolescent community treatment services shall complete and submit a signed and dated Form 2602 “Application for Certification and Enrollment of Adolescent Community Treatment Service Providers” (October 2016).

(r) Part C of Form 2602 “Application for Certification and Enrollment of Adolescent Community Treatment Service Providers” (October 2016) shall be signed and dated by each direct service staff and include the following affirmation:

(s) Each submitted Part C of Form 2602 “Application for Certification and Enrollment of Adolescent Community Treatment Service Providers” (October 2016) shall have the following attestation signed and dated by the executive director or designee:

“I certify that a criminal record check for this individual is completed and on file at the agency.”

(t) The applicant shall submit a signed and dated “Statement of Affirmation” as part of Form 2602 “Application for Certification and Enrollment of Adolescent Community Treatment Service Providers” (October 2016) that certifies the following:

“I affirm that all the information contained in this application is true, correct, and complete to the best of my knowledge and belief. I acknowledge that the provision of false information in the application is a basis for denial of the application. I understand that DCYF has the right to review the information contained in this application.

I affirm that I will notify DCYF in writing within 10 days of any change in the information contained in this application.

By my signature below, I affirm that I have read and agree to adhere to Administrative Rule He-C 6339, “Certification for Payment Standards for In Home Community Based Service Providers.”

(u) The applicant shall provide the following information with, or in addition to, Form 2602 “Application for Certification and Enrollment of Adolescent Community Treatment Service Providers” (October 2016) in (q) above:

(1) A completed, signed, and dated “State of New Hampshire Alternative W-9” (October 2016);

(2) A current list of the board of directors including the following for each member of the board:

a. The full name;

b. The office held;

c. The professional affiliation; and

d. The address, telephone, and email address;

(3) The organizational structure of the program;

(4) A copy of the prescribing practitioner’s license;

(5) A copy of the professional and general liability insurance certificate(s) for the program;

(6) A copy of the program brochure; and

(7) A copy of a current resume or curriculum vitae for the program supervisor.”

(v) Each applicant for individual service option in home provider shall complete and submit a signed and dated Form 2606 “Application for Certification and Enrollment of Individual Service Options (ISO) in Home Providers” (October 2016).

(w) Part C 2606 “Application for Certification and Enrollment of Individual Service Options (ISO) in Home Providers” (October 2016) shall be signed and dated by each direct service staff and affirm, the following:

(x) Each submitted and signed Part C of Form 2606 “Application for Certification and Enrollment of Individual Service Options (ISO) in Home Providers” (October 2016) shall have the following attestation signed and dated by the executive director or designee;

“I certify that a criminal record check for this individual is completed and on file at the agency.”

(y) The applicant shall submit a signed and dated “Statement of Affirmation” as part of Form 2606 “Application for Certification and Enrollment of Individual Service Options (ISO) in Home Providers” (October 2016) that certifies the following:

“I affirm that all the information contained in this application is true, correct, and complete to the best of my knowledge and belief. I acknowledge that the provision of false information in the application is a basis for denial of the application. I understand that DCYF has the right to review the information contained in this application.

I affirm that I will notify DCYF in writing within 10 days of any change in the information contained in this application.

By my signature below, I affirm that I have read and agree to adhere to Administrative Rule He-C 6339, “Certification for Payment Standards for In Home Community Based Service Providers.”

(z) The applicant shall provide the following information with or in addition to Form 2606 “Application for Certification and Enrollment of Individual Service Options (ISO) in Home Providers” (October 2016) in (v) above:

(1) A completed, signed, and dated “State of New Hampshire Alternative W-9” (October 2016);

(2) A current list of the board of directors including the following for each member of the board:

a. The full name;

b. The office held;

c. The professional affiliation; and

d. The address, telephone, and email address;

(3) A copy of the organizational structure of the program;

(4) A copy of the prescribing practitioner’s license;

(5) A copy of the professional and general liability insurance certificate(s) for the program;

(6) A copy of the program brochure; and

(7) A copy of a current resume or curriculum vitae for the program.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.05 Review of Continued Certification Compliance {#sec-he-c-6339.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.05}

(a) Community based in-home service providers shall complete and submit a completed, signed and dated Form 2607 “Review of Continued Certification for In-Home Community-Based Service Providers” (October 2016), as provided by DCYF, within 30 days of receipt.

(b) Part C of Form 2607 “Review of Continued Certification for In-Home Community-Based Service Providers” (October 2016) shall be signed and dated by each direct service staff and include the following affirmation:

(c) Each submitted and signed Part C of Form 2607 “Review of Continued Certification for In-Home Community-Based Service Providers” (October 2016) shall have the following attestation signed and dated by the executive director or designee:

“I certify that a criminal record check for this individual is completed an on file at the agency.”

(d) The provider shall submit a signed and dated “Statement of Affirmation” as part of Form 2607 “Review of Continued Certification for In-Home Community-Based Service Providers” (October 2016) that certifies the following:

“I affirm that all the information contained in this application is true, correct, and complete to the best of my knowledge and belief. I acknowledge that the provision of false information in the application is a basis for denial of the application. I understand that DCYF has the right to review the information contained in this application.

I affirm that I will notify DCYF in writing within 10 days of any change in the information contained in this application.

By my signature below, I affirm that I have read and agree to adhere to Administrative Rule He-C 6339, “Certification for Payment Standards for In Home Community Based Service Providers.””

(e) The provider shall provide the following information with, or in addition to Form 2607 “Review of Continued Certification for In-Home Community-Based Service Providers” (October 2016) in (a) above:

(1) A copy of a resume or curriculum for the program coordinator and the executive director;

(2) The organizational structure of the program;

(3) The resume or curriculum vitae for the prescribing practitioner;

(4) A copy of the prescribing practitioner’s license;

(5) A copy of the professional and general liability insurance certificate(s) for the program;

(6) A copy of the program brochure;

(7) A current list of the board of directors including the following for each member of the board:

a. The full name;

b. The office held;

c. The professional affiliation; and

d. The address, telephone and email address;

(8) A completed, signed, and dated “State of New Hampshire Alternative W-9” (October 2016).

(f) Agencies that do not submit a signed and dated Form 2607 “Review of Continued Certification for In-Home Community-Based Service Providers” (October 2016) within 30 days of receipt shall have their certification revoked in accordance with He-C 6339.22 and denied payment.

(g) Renewal of certification shall be made by filing a signed and dated Form 2607 “Review of Continued Certification for In-Home Community-Based Service Providers” (October 2016) and shall be based on a review and verification of the provider’s compliance with He-C 6339.14 and specific requirements for the service provided.

(h) Review of continued certification compliance shall occur every 5 years from date of issue.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.06 Notification of Changes {#sec-he-c-6339.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.06}

(a) All providers shall notify DCYF in writing within 10 days of any change in the information contained in the application and provide documentation of the change.

(b) Each agency shall send any new staff information to DCYF.

(c) All providers shall submit a copy of renewed license to DCYF within 10 days of receipt from the New Hampshire licensing authority.

(d) The provider shall notify DCYF of any changes in tax information and complete and submit to DCYF a completed, signed, and dated “State of New Hampshire Alternative W-9” (October 2016) form with its current tax information.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.07 Billing Requirements for Community-Based In-Home Services {#sec-he-c-6339.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.07}

(a) All providers shall be certified and enrolled pursuant to He-C 6339.04 prior to being eligible for reimbursement by DHHS.

(b) The provider shall not bill DHHS for services that are to be reimbursed by another entity.

(c) Providers shall not exceed the rates established by DCYF nor will the rates exceed those charged by the provider for non-DCYF children and in no event shall DCYF be liable for any payments hereunder in excess of such available and appropriate funds.

(d) The provider shall accept reimbursement made by DHHS as payment in full for the services provided.

(e) DCYF shall determine the need for services and the determination shall be binding on the provider.

(f) The provider, if incorporated and if requested, shall submit to DCYF an audited financial statement prepared by an independent licensed public accountant.

(g) The provider shall provide services or care without discrimination as required by Title VI of the Civil Rights Act of 1964, as amended, and without discrimination on the basis of handicap as required by Section 504 of the Rehabilitation Act of 1973, as amended.

(h) The provider’s certification and enrollment shall terminate upon date of sale or transfer of ownership or close of the agency.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.08 Billing Process for Community-Based In-Home Services {#sec-he-c-6339.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.08}

(a) Prior to service delivery, a provider shall obtain an authorization form, which consists of one of the following:

(1) For medicaid eligible recipients, a ”New Hampshire Title XIX Medicaid Program Service Authorization” from the New Hampshire Medicaid fiscal agent or

(2) For non-medicaid eligible recipients, a Form 2110 “Service Authorization”(6/30/2008).

(b) A provider shall bill the NH medicaid fiscal agent for medicaid eligible recipients either via paper claims or electronic claims submission, following the directions outlined by the NH medicaid fiscal agent, as follows:

(1) For a paper claim submission, a provider shall complete a CMS 1500 form and mail it to the NH medicaid fiscal agent; or

(2) For electronic claim submission, a provider shall submit an electronic claim to the NH medicaid fiscal agent.

(c) A provider shall bill the department through NH Bridges for non-medicaid eligible recipients either via paper claims or electronic claims submission, as specified in (d) and (e) below.

(d) For paper claim submissions for all services, a provider shall:

(1) Copy the Form 2110 “Service Authorization” 6/30/2008) for future billings, if the authorized service dates span a date range;

(2) Complete and submit a copy of the Form 2110 “Service Authorization” (6/30/2008) to the department;

(e) For electronic claim submissions, a provider shall:

(1) Request a web billing account from DHHS by completing, signing, and submitting Form 2679 “Provider Web Billing User Account Request Form” (October 2016);

(2) Be issued a log on and personal identification number (PIN) by DHHS for use in accessing the web billing account; and

(3) Neither the provider nor any authorized representative shall transfer his or her log on or PIN, or allow use of his or her log on or PIN by any other person.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.09 Billing Period {#sec-he-c-6339.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.09}

(a) A provider shall bill within one year of the date of provision of a service.

(b) Any bill received after one year of the date of the provision of a service shall be denied pursuant to RSA 126-A:3.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.10 Billing Discrepancies {#sec-he-c-6339.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.10}

Questions regarding billing discrepancies shall be directed to the provider relations’ staff of the bureau of administrative operations in DCYF.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.11 Record-Keeping and Record Retention {#sec-he-c-6339.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.11}

(a) A provider shall retain records for a period of no less than 7 years after the completion date of a provided service for each bill submitted to the department, any legally liable county, the medicaid fiscal agent, or a private insurance company.

(b) The provider shall keep records as are necessary to comply with RSA 170-E: 42, when applicable, and to comply with DCYF record-keeping requirements in He-C 6339.

(c) Records shall clearly document the extent of the care and services provided to children and families, including attendance records when those services are charged to the department, and information regarding any payment claimed.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.12 Quality Assurance Activities and Monitoring of Community Based In-home Service Providers {#sec-he-c-6339.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.12}

(a) The provider shall participate in quality assurance activities conducted by DCYF using a variety of activities that may include a combination of record reviews, performance data measurements, and visits to providers.

(b) The provider shall allow an on-site visit by DCYF which may be random or scheduled, for the purposes of:

(1) Interviewing program staff;

(2) Reviewing program documents to determine continued compliance with He-C 6339; and

(3) Examining agency case records for DCYF families.

(c) Providers shall ensure that clinical records, including all progress reports, are available for inspection and review by DCYF staff during any on-site quality assurance or monitoring visit.

(d) Service providers shall be subject to monitoring and evaluation by DCYF through a variety of activities that include:

(1) Queries of data that is stored on NH Bridges case management system and the medicaid management information system (MMIS);

(2) Reviews of case record information;

(3) Data reporting from the service providers; and

(4) Satisfaction surveys from stakeholders, such as families, CPSWs, and JPPOs.

(e) Providers not demonstrating compliance with the provisions of He-C 6339 shall meet with DCYF to develop an approved corrective action plan that includes:

(1) Areas of concern or noncompliance with He-C 6339;

(2) Areas of performance needing improvement;

(3) Recommendations for corrective action or program improvements;

(4) Determinations on corrective action timeframes and any additional responses by the agency; and

(5) Any recommendation regarding continued certification or revocation of certification.

(f) A service provider shall be notified of any problems that are noted on the DCYF staff surveys that include:

(1) Negative responses concerning quality and timeliness of service provision; and

(2) Written comments about agency performance.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.13 Reporting Requirements {#sec-he-c-6339.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.13}

(a) Each service provider shall:

(1) With the assistance of a DCYF representative, if necessary, prepare an annual report of all statistical information used to measure achievement; and

(2) Submit the annual report to DCYF no later than 30 days following the end of the calendar year.

(b) The annual report shall include the following information:

(1) Services provided and changes in strategies that resulted in effective outcomes;

(2) Issues with the service utilization and observations about shifts in the targeted service population;

(3) Barriers discovered in the system of care; and

(4) Proposed enhancements to performance indicators.

(d) Data reports shall be completed and submitted to DCYF no later than 15 days following the end of the month.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.14 Compliance Requirements {#sec-he-c-6339.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.14}

(a) The provider shall comply with:

(1) All applicable licensing and registration requirements prior to applying for certification;

(2) The medical assistance requirements of He-W 500 and He-M 426;

(3) The statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:19, RSA 170-C:14, and RSA 170-G:8-a; and

(4) The child abuse and neglect reporting requirements of RSA 169-C:29-30.

(b) For all direct services staff, prior to beginning their work with children, and thereafter on an annual basis, the provider shall review the sections of RSA 169 on definitions, immunity from liability, and persons required to report.

(d) The provider shall maintain both professional and general liability insurance.

(e) Whenever transportation services are provided, the agency shall:

(1) Verify that each driver possesses a valid driver’s license;

(2) Verify that each driver has automobile insurance liability coverage;

(3) Conduct a motor vehicle record check to verify that each driver has no convictions for impaired driving or multiple motor vehicle violations; and

(4) Obtain a criminal records check to verify that each driver has no convictions for crimes against persons.

(f) When domestic violence is identified as an issue for a family, each agency shall follow the “Mental Health Domestic Violence Protocols” (2009), as prepared by the NH governor’s commission on domestic violence and available via the Internet at http://doj.nh.gov/criminal/victim-assistance/protocols from the NH department of justice as listed in Appendix A.

(g) The provider shall:

(1) Be an enrolled NH medicaid provider agency;

(2) Employ or contract with a prescribing practitioner who demonstrates approval of the medicaid-covered services by signing the child and family’s treatment plan; and

(3) Accept medicaid payment as payment in full.

(h) The provider shall bill all third party sources of reimbursement, including private health insurance and medicaid, prior to billing DCYF.

(i) As part of the certification requirements, each agency shall provide to each family a written description of their services, including:

(1) Agency staff availability to families;

(2) The services as reflected in the service provision guidelines for each category of service; and

(3) The cost of the service, including the parent’s obligation to re-pay a portion of service provision, as applicable.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.15 Treatment Planning and Progress Reports {#sec-he-c-6339.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.15}

(a) The provider shall develop a treatment plan for each child or family receiving their services, with input from individuals described in (b) below.

(b) The following individuals shall be included on the treatment team:

(1) The child, if age and developmentally appropriate;

(2) The child’s parents;

(3) The CPSW or JPPO, or both;

(4) The prescribing practitioner;

(5) Staff members from the agency;

(6) School district personnel as determined by the school districts if applicable; and

(7) Other persons significant to the family, who may include:

a. Teachers;

b. Counselors;

c. Friends;

d. Relatives; and

e. Advocates and primary caring adults assigned by the court.

(1) The findings of the assessment as required for the service being provided;

(2) An estimate by the treatment team members of the length of service to be provided to the child and family, based upon referral information and the agency’s assessment;

(3) The child’s permanency plan, identifying one of the following alternatives for the child, as identified by the CPSW or JPPO:

a. Maintain in his or her own home;

b. Reunification with the family;

c. Planned permanent living arrangements;

d. Permanent relative placement;

e. Guardianship by a relative or other person; or

f. Adoption;

(4) A concurrent plan as an alternative to the child’s permanent plan as identified by the CPSW or JPPO; and

(5) The objectives that fall within one or more of the following domains:

a. Safety and behavior of the child;

b. Family;

c. Medical;

d. Education; and

e. Independent living skills training, when applicable.

(d) Each domain identified in (c)(5) above shall address:

(1) The goals and objectives to be achieved by the child and family;

(2) The timeframes for completion of goals and objectives;

(3) An identification of the services that will be provided directly or arranged for, and any measures for ensuring their integration with the child’s activities, including identifying how the child’s family will participate in their care;

(4) The frequency of services; and

(5) An identification of the staff responsible for implementing the stated interventions in the treatment plan.

(e) For cases in which reunification is the identified goal, the treatment plan shall include:

(1) A community reintegration and transition plan that identifies the needed supports that would enable the child to return to his or her community; and

(2) The responsibilities of the participants for completing steps necessary to implement the plan.

(f) The treatment plan shall be signed and dated by the following team members, indicating they participated in the process:

(1) The provider’s executive director or treatment coordinator;

(2) The CPSW, JPPO, or both;

(3) When applicable for medicaid funding, the prescribing practitioner;

(4) When age and developmentally appropriate, the child; and

(5) The child’s parents or guardian.

(g) Revisions to the treatment plan shall be explained in writing to any individuals of the team who are unable to participate.

(h) The treatment plan shall be filed in the child’s record and copies sent to:

(1) The CPSW, JPPO, or both;

(2) The child’s parent or guardian; and

(3) The prescribing practitioner.

(i) Once the treatment plan is completed, the agency staff shall receive supervision and instruction by the program supervisors and program consultants, if any, to assure that each child’s treatment plan is consistently implemented.

(j) Each service provider shall provide progress reports and outcomes data for each child in care, in accordance with (k) below.

(k) Progress reports shall include the following:

(1) Monthly written progress reports, which shall be sent to the CPSW or JPPO no later than 15 days following the end of the month; and

(2) Outcome reports, which shall be sent electronically to the DCYF state office on a quarterly basis.

(l) Written progress reports, court reports, and termination reports prepared by the agency shall clearly and accurately reflect the family’s progress and be submitted on time pursuant to RSA 169-B:5-a, RSA 169-C:12-b and RSA 169-D:4-a; as follows:

(1) Specific court reports, which shall be sent to the court with a copy to the CPSW or JPPO no later than 5 days before the scheduled court date, pursuant to RSA 169-B:5-a, RSA 169-C:12-b and RSA 169-D:4-a; and

(2) Service termination reports, which shall be sent to the CPSW or JPPO no later than 15 days following termination.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.16 Requirements for Child Health Support Services {#sec-he-c-6339.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.16}

(a) The provider shall comply with sections He-C 6339.01 through He-C 6339.15 for certification compliance.

(b) Authorization for payment for child health support services shall be pursuant to a court order, or a non-court ordered or voluntary agreement between DCYF and the family.

(d) Service for an additional 90 days per year shall be authorized when the following conditions are met:

(1) The family’s problems have not been resolved and the child remains at risk for out-of-home placement;

(2) The provider has discussed a continuation of services with family members and the CPSW or JPPO; and

(3) The provider submits the following information in writing to the CPSW or JPPO:

a. The reason(s) for continued services;

b. The beginning and ending dates for continued services;

c. The goals for the continued period of services; and

d. The anticipated child and family outcomes.

(e) Child health support services shall be provided for the following:

(1) Families at risk of having a child removed from the home due to maltreatment;

(2) Young parents, including teen parents and others who are inexperienced and struggling with their parental responsibilities;

(3) Socially isolated families who lack appropriate parenting role models and access to supportive services;

(4) Families in which ineffective child management techniques are being employed and children who may be withdrawn or depressed, aggressive, delinquent, anxious, or display self-destructive behaviors;

(5) Families where the parents are in the home, but temporarily are unable to effectively carry out parenting functions because of physical or mental illness, disabilities, convalescence, substance abuse, or complications of pregnancy;

(6) Families in which the parents’ ability to effectively parent their children is diminished due to a preoccupation with the care of other family members, such as a spouse, child, or a grandparent who is chronically ill, convalescing, or permanently disabled, or when a parent has a prolonged grief reaction over the death of a spouse, child, or other person;

(7) Families in need of help to learn how to care for children due to lack of knowledge, emotional immaturity, or overwhelming responsibility for many children;

(8) Families headed by grandparents or other relatives who are overwhelmed with the responsibilities of parenting, thereby placing the child at risk of placement in another home;

(9) Families in which the child has been placed out of the home on a temporary basis and the parents need therapeutic intervention to prepare for the return of the child, including help with issues such as appropriate parenting, child management techniques, discipline, communication skills, and anger management, as well as safety of the physical home environment;

(10) Families who need therapeutic intervention to avert future neglect, abuse, delinquency, status offenses, emotional disturbances, and out-of-home placement of a child;

(11) Families who provide foster care who require additional assistance in order to preserve the placement; and

(12) Adoptive families to preserve the family unit.

(f) Child health support services shall include:

(1) An initial health and behavioral health assessment, including the following;

a. The health status of each family member;

b. A behavioral health diagnosis and treatment received;

c. The prescription medications of each family member; and

d. The needs of the children and parents;

(2) Addiction recovery support that includes ongoing risk assessment and referral for substance abuse treatment, as well as supportive counseling for those in addiction treatment programs to reduce the effects these addictions have on parenting abilities;

(3) Family-based support that includes education, consultation, and follow-up activities that develop and maintain family support systems to enhance and encourage parental coping and nurturing skills, assessment of parent and child interaction, family counseling and skill building for parents and their children who are in an out-of-home placement, and parenting skills instruction, including role modeling;

(4) Behavior management that includes:

a. An initial behavioral health assessment of the family;

b. Assistance with the development and implementation of behavior strategies for the children and parents in conjunction with child development, including managing the child’s behavior through appropriate discipline;

c. Education and parenting skills to inform and prepare parents for a child’s behaviors and needs, including age appropriate socialization skills of the child;

d. Family support focused on coping skills, stress management, conflict resolution, and impulse control; and

e. Support family and modeling behavioral strategies;

(5) An assessment of the family’s home health care management and education of physical or behavioral illnesses, as well as providing assistance to parents in implementing medical regimes as they relate to their tasks of daily living as prescribed by their medical and behavioral health provider;

(6) Family support with household management that includes safety instruction to eliminate, reduce, or avoid hazards in the home;

(7) Family support with nutritional education that includes safe food handling procedures and dietary needs of children and family;

(8) Connections and facility referrals to community resources and supports that includes instruction, and assistance with accessing community agencies and services; and

(9) Parent education about age appropriate activities, discipline and behavior modification including supervised visitation between parent(s) and children, as ordered by the court.

(g) A provider for child health support services shall:

(1) Review the DCYF case plan;

(2) Complete an initial behavioral health needs assessment for the family and using information from the DCYF case plan develop a treatment plan within 30 days of the referral;

(3) Provide a completed treatment plan to the CPSW or JPPO within 30 days of referral;

(4) The agency shall document each family visit, including:

a. The type of service;

b. The date of service;

c The names of the family members and other individuals who participated;

d. The name of the agency staff who assisted the family;

e. A brief summary of the in-home session;

f. The length of time spent with the family; and

g. The provider’s signature and the signature of a family member and child, as is age appropriate;

(5) Retain a copy of the log of visits and contacts in the family’s file for review during the onsite visits;

(6) Attend case planning or treatment-planning meetings with the family as requested by the CPSW or JPPO;

(7) Discuss discharge planning needs with the family members and the CPSW or JPPO;

(8) Discuss the reason for service termination with the family and CPSW or JPPO;

(9) Immediately notify the CPSW or JPPO of any significant changes in or affecting the family, such as:

a. Changes in employment or income;

b. Housing changes including eviction notice;

c. Death or serious injury or illness of a family member;

d. Separation of the caregivers;

e. Unplanned pregnancy;

f. Changes in patterns of school attendance;

g. Arrests;

h. Police contacts; or

i. Probation or parole violations;

(10) Provide each family with a written description of services, as described in He-C 6339.14 including the cost of the service and potential reimbursement by the family to the DHHS for the services provided;

(11) Employ staff that provides evening, weekend, and holiday coverage to meet the needs of the family;

(12) Employ child health support aides in sufficient number to maintain a 1:6 average aide-to-family caseload ratio; not to exceed 1:9;

(13) Provide child health support aides with agency identification; and

(14) Have an agency policy in place regarding missed appointments by client families.

(h) The agency shall employ or contract with a prescribing practitioner.

(i) The agency shall employ or contract with a program consultant who is available for consultation with child health support aides.

(j) The program consultant referenced in (i) above shall meet one of the following:

(1) For cases when the primary issue is physical health, a physician, physician assistant, advanced registered nurse practitioner (ARNP), registered nurse (RN), or licensed practical nurse (LPN); and

(2) For cases when the primary issue is behavioral health, licensed psychologist, licensed pastoral psychotherapist, licensed clinical social worker, licensed clinical mental health counselor, or licensed marriage and family therapist.

(k) The prescribing practitioner servicing as the program consultant shall:

(1) Sign each treatment plan separately as both the prescribing practitioner and program consultant; and

(2) Meet the definition of prescribing practitioner.

(l) The program consultant shall review the treatment plan no less than quarterly and document the review by signing and dating the treatment plan.

(m) The agency shall employ child health support aides who:

(1) Are at least 22 years of age; and

(2) Possess:

a. A bachelor’s degree from an accredited college or university with a major study in nursing, health, psychology, social work, sociology, education, guidance, or a related field emphasizing human relations, physical, or behavioral health;

b. An associate’s degree from an accredited college or university with a major study in nursing, health, psychology, social work, sociology, education, guidance, or a related field emphasizing human relations, physical, or behavioral health and have 2 years’ experience working with families or other relevant human services experience; or

c. A high school diploma or general equivalency diploma and have 4 years experience working with families or other relevant human services experience.

(n) In addition to the requirements in (m) above, all child health support aides shall:

(1) Complete a minimum of 20 hours per year of in-service training, as follows:

a. At least 8 of the 20 hours shall be family systems training; and

b. 12 hours of the overall training hours may be provided in supervision and staff meetings that relate to general therapeutic topics such as:

Substance use disorders:
Child abuse and neglect;
Labor and sex trafficking;
Sexual abuse;
Domestic and family violence;
Behavioral health needs of children and families;
Safety planning for family members;
Crisis intervention techniques;
Early childhood screening and child development;
Trauma informed practice, including screening and evidence-based practices;
Treatment of any co-occurring disorders;
Restorative practices and delinquency prevention;
Behavioral management techniques; and
Infant safe sleeping practices.

(o) The agency shall maintain documentation of training that includes:

a. The dates of training;

b. The names of training sessions attended; and

c. The number of hours per training.

(p) Child health support aides shall:

(1) Be available for immediate contact so appointments may be scheduled or canceled; and

(2) Carry and present agency identification to the child’s caregiver as necessary.

(q) The program supervisor shall provide a minimum of one hour per week of individual clinical supervision for a the child health support aide working full time and pro-rated for part time staff to review the progress and barriers of each case, for which one session per month may be substituted with group supervision.

(r) The agency shall complete annual staff evaluations.

(s) Within 15 days after service termination, the agency shall forward a report to the CPSW, JPPO or his or her supervisor, that includes:

(1) A summary of visits and contacts with the family, including dates, duration, and locations;

(2) A summary of the progress or lack of progress in meeting the treatment plan, including the tasks accomplished, timeframes, and measurable outcomes achieved;

(3) New information about the family that changes or updates the DCYF case plan, pre-dispositional investigation, or court report;

(4) The community resources and supports available to the family that might be accessed in the future;

(5) Recommendation for ongoing services, including a description of additional progress by parents that is essential to address the needs of each child as specified in the treatment plan and how the provider has worked with the family to assist them in accessing recommended services; and

(6) The dated and signature of the child health support aide and prescribing practitioner;

(t) If services are terminated prior to the 15th day of the month, no monthly progress report shall be required for the month. The information for the month in which services are terminated shall be included in a discharge report.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.17 Requirements for Home-Based Therapeutic Services {#sec-he-c-6339.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.17}

(a) The provider shall comply with sections He-C 6339.01 through He-C 6339.15 for certification compliance.

(b) Authorization for payment for home-based therapeutic services shall be pursuant to a court order, or a non-court-ordered or voluntary agreement between DCYF and the family.

(d) Service for an additional 90 days per year shall be authorized when the following conditions are met:

(1) The family’s problems have not been resolved and the child remains at risk for out-of home placement;

(2) The provider has discussed a continuation of services with family members and the CPSW or JPPO; and

(3) The provider submits the following documentation to the CPSW or JPPO:

a. The therapeutic need(s) for continued services;

b. The beginning and anticipated ending dates for the continued services request;

c. The goals for the continued period of services; and

d. The anticipated child and family outcomes.

(e) Home-based therapeutic services shall be provided for:

(1) Families with a child who is at imminent risk for placement;

(2) A family with a child who has returned home or is at risk of returning to placement;

(3) Families where the parents are temporarily unable to deal with their child-rearing responsibilities because of a family member’s physical or mental illness, disability, convalescence, substance use disorder, or pregnancy;

(4) Families temporarily under stress with the care of a parent, child, or another member of the family;

(5) Families for whom child placement has been determined necessary to ensure safety and the parents need assistance preparing for the placement or return of the child to a safe environment;

(6) Parents who request voluntary services, including voluntary children in need of services (CHINS) and the requested service is not available to the family through a community service agency;

(7) Families, including those who provide foster care services, needing assistance to strengthen and support the child’s current placement in a foster home or a relative’s home;

(8) Families who are experiencing a crisis that might require the removal of a child due to physical abuse or neglect by the parent or caregiver or unlawful behaviors by the child such as school truancy, running away, or delinquency; or

(9) Families in crisis whose child is immediately placed in emergency care for safety reasons after the initial DCYF assessment or due to legal or judicial intervention because of juvenile offenses, and the family’s goal is for the child to return home with this service provided.

(f) Home-based therapeutic services shall include:

(1) On-call 24-hour availability to families;

(2) Assessment and service planning based on the DCYF case plan or pre-dispositional investigation report or treatment and ongoing assessment for each child enrolled in the program;

(3) Substance use disorder recovery support that includes ongoing risk assessment and referral for substance abuse treatment, as well as supportive counseling for those in addiction treatment programs to reduce the effects these addictions have on the child and parent;

(4) Family and individual counseling with family members and persons in their immediate support system to develop or maintain family growth and assistance necessary for independent family functioning;

(5) Assistance to parents in compliance with court orders;

(6) Crisis assistance and safety planning with families by responding immediately to a family’s needs;

(7) Referrals and coordination to other services and supports made with JPPO and CPSW;

(8) A written description of services, as described in He-C 6339.14 including the cost of the service and potential reimbursement by the family to the state for services provided;

(9) For families who need crisis assistance:

a. A face-to-face meeting initiated within 24 hours of referral to complete an initial assessment and develop an immediate safety plan that includes strategies for diffusing the crisis and maintaining the safety of all family members;

b. Submit the safety plan in writing to the JPPO or CPSW within 72 hours; and

c. If safety cannot be assured at the face-to-face meeting, immediately develop and coordinate an alternative safety plan with the JPPO or CPSW, the program administrator, or DCYF field administrator or supervisor during weekends and holidays; and

(10) For families not in need of crisis assistance:

a. Contact the family within 48 hours of referral, excluding weekends and holidays; and

b. Have a face-to-face meeting with the family within 5 working days of the date of the referral to conduct an initial assessment and develop the treatment plan; and

(11) An assessment of the needs of each child and the parents that is based upon:

a. The information included from one of the following:

The DCYF case plan, pursuant to RSA 170-G:4 III and court reports pursuant to RSA 169-B:5-a, RSA 169-C:12-b or RSA 169-D:4-a; or
The investigation report, pursuant to RSA 170-G:16, I or III, RSA 169-B:16, III-IV, or RSA 169-D:14, III-IV; and

b. Identification of substance use disorders, domestic and family violence, sexual abuse, or other situations that impact the child’s safety.

(g) When available, the CPSW or JPPO shall be present for the initial assessment and development of the treatment plan.

(h) Face-to-face meetings with families shall include parents or other caregivers, the child or children, and other family members as necessary to develop and implement the treatment plan.

(i) The therapist shall maintain an on-going log of contacts and visits with family members and with school, health, and other service providers including the following:

(1) The type of service;

(2) The date of service;

(3) The names of the family members and other individuals who participated;

(4) The name of the therapist who assisted the family;

(5) A brief summary of the in-home session;

(6) The length of time spent with the family; and

(7) The provider’s signature and the signature of the family member and child.

(j) The agency shall immediately notify the JPPO or CPSW of any significant changes in or affecting the family, such as:

(1) Change of employment or income;

(2) Housing changes including an eviction notice;

(3) Death or serious injury or illness of a family member;

(4) Separation of the caregivers;

(5) Unplanned pregnancy;

(6) Changes in patterns of school attendance;

(7) Arrests;

(8) Police contacts; or

(9) Violations of probation or parole.

(k) The agency shall have a policy in place regarding missed appointments by client families.

(l) The home-based therapeutic agency shall:

(1) Employ or contract with a prescribing practitioner;

(2) Employ a program coordinator who meets the following:

a. A master’s degree in social work, psychology, education, or a related field with an emphasis in human services;

b. Two years clinical experience working with families, and

c. Two years supervisory or management experience;

(3) Employ therapists who have:

a. A master’s degree with a major in social work, counseling, psychology, or a related field and at least 2 years of direct work experience in assisting children and families; or

b. A bachelor’s degree with a major in social work, counseling, psychology, or a related field and at least 5 years of direct work experience in assisting children and families; and

(4) Employ case managers who meet the following minimum qualifications:

a. A bachelor’s degree in social work, psychology, education or a related field with an emphasis in human services; and

b. Experience of 2 years with children and families.

(m) The prescribing practitioner serving as the program consultant shall:

(1) Sign each treatment plan separately as both the prescribing practitioner and program consultant; and

(2) Meet the definition of prescribing practitioner.

(n) Therapists and case managers shall participate in weekly supervision that includes a discussion of each case and a review of the progress made by each family towards the goals of the treatment plan.

(o) The agency shall have at least one full-time program coordinator for every 6 therapists.

(p) Program coordinators shall be available to the therapists and case managers 24 hours a day, 7 days a week.

(q) Each therapist and case manager shall have an annual evaluation with a copy maintained in his or her file.

(r) Each therapist and shall complete a minimum of 20 hours of training per year that includes topics related to:

(1) Family systems;

(2) Substance use disorders;

(3) Child abuse and neglect;

(4) Labor or sex trafficking;

(5) Sexual abuse;

(6) Domestic and family violence;

(7) Behavioral health;

(8) Safety planning for family members;

(9) Crisis intervention techniques;

(10) Early childhood and screening and child development;

(11) Trauma informed practice, including evidence-based practices;

(12) Treatment of any co-occurring disorders;

(13) Behavioral management techniques; and

(14) Infant safe sleeping practices.

(s) For each therapist and case manager, the agency shall maintain on file copies of training certificates, signed by the trainer, that document:

(1) The names of training sessions attended;

(2) The number of hours per training; and

(3) The dates of training.

(t) The therapist’s and case manager’s caseload shall not exceed an average of 6 families per month.

(u) The therapist and case manager shall participate in weekly supervision that includes a discussion of the progress made by each family.

(v) Within 15 days after service termination, the agency shall forward to the CPSW, JPPO, or the supervisor a report that includes:

(1) A summary of visits and contacts with the family, including dates, duration, and locations;

(2) A summary of the progress or lack of progress in meeting the treatment plan, including the tasks accomplished, timeframes, and measurable outcomes achieved;

(3) New information about the family that changes or updates the DCYF case plan, pre-dispositional investigation report, or court report;

(4) The community resources and supports available to the family that might be accessed in the future, if needed;

(5) Recommendations for ongoing services, including a description of additional progress by parents that is essential to address the needs of each child, as specified in the treatment plan, and how the provider has worked with the family to assist them in accessing recommended services; and

(6) The date and signature of the prescribing practitioner and therapist;

(w) If services are terminated prior to the 15th day of the month, no monthly progress report shall not be required for the month. The information for the month in which services are terminated shall be included in a discharge report.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.18 Therapeutic Day Treatment Services Programs {#sec-he-c-6339.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.18}

(a) The provider shall comply with sections He-C 6339.01 through 6339.15 for certification compliance.

(b) Authorization for payment for therapeutic day treatment services shall be pursuant to a court order, or a non-court ordered or voluntary agreement between DCYF and the family.

(d) Service for an additional 90 days per year shall be authorized when the following conditions are met:

(1) The family’s problems have not been resolved and the child remains at risk for out-of-home placement;

(2) The provider has discussed a continuation of services with family members and the CPSW or JPPO; and

(3) The provider submits the following documentation to the CPSW or JPPO;

a. The reason(s) for continued services;

b. The beginning and ending dates for continued services;

c. The goals for the continued period of services; and

d. The anticipated child and family outcomes.

(e) Therapeutic day treatment services shall be provided for children who are:

(1) Experiencing challenging conditions in one or more of the following domains:

a. Developmental;

b. Psychological;

b. Social;

c. Family;

d. Cognitive;

e. Educational;

f. Behavioral; or

g. Substance use;

(2) At imminent risk for out-of-home placement or actively engaged in reuniting with family and community; or

(3) In families who provide foster care who require additional support in order to preserve the placement.

(f) Therapeutic day treatment services shall not be a substitute for special education or other federally required educational services.

(g) A provider for therapeutic day treatment services shall offer the following:

(1) Assessment and service planning based on the DCYF case plan or pre-dispositional investigation report or treatment and ongoing assessment for each child enrolled in the program;

(2) Crisis intervention and stabilization;

(3) Evidence-based practice or best practice; and

(4) Evidence-based psychotherapies, including individual, group, and family counseling that might occur in a community or in-home setting;

(h) In addition to the requirements in (g) above, programs shall offer any combination of the following, as necessary:

(1) Vocational assessment, when specifically requested by the CPSW or JPPO;

(2) Health education, including substance use disorder prevention, sexual health, nutrition counseling, and physical fitness;

(3) Parent education, parent skills training, and parent support groups;

(4) Therapeutic recreation, such as adventure-based and experiential activities; and

(5) After school, weekend, and school vacation therapeutic programming.

(i) Interagency referral, coordination, and collaboration between DCYF, education, behavioral health, developmental disabilities, medical, and any other involved discipline shall be a component of therapeutic day treatment services.

(j) A provider for therapeutic day treatment services shall:

(1) Review each child and family referral, including pertinent documentation and previous evaluations to determine appropriateness for therapeutic day treatment;

(2) Conduct a clinical assessment within 7 working days of referral that includes an individual and family needs assessment and a mental status examination for each child, as appropriate to the program offering, unless current assessments or mental status examinations have been completed within the past year and identification of the strengths and resources of the family;

(3) Within 30 days of referral, develop and implement an individually designed treatment plan, in conjunction with the CPSW or JPPO and the child and parents;

(4) Provide each family with a written description of services as described in He C 6339.14, including the cost of the service and potential reimbursement by the family to the state for services provided;

(5) Provide 24-hour emergency coverage, 7 days per week for the child and family; and

(6) Maintain a record for each child and family that includes:

a. Child and family names, medicaid and other third party identification numbers, addresses, and birth dates;

b. Child’s medical, social, developmental, educational, and family history;

c. Child’s diagnosis and the name of attending physician, psychiatrist, or psychologist;

d. DCYF case plan;

e. Child’s individual education plan, if applicable;

f. A description of any tests ordered and performed and their results;

g. A description of treatment, including measurable goals and timeframes;

h. A list of any medications prescribed;

i. Plan for coordinating services with other providers;

j. Daily progress notes indicating the services provided to the child;

k. Monthly progress summary which identifies the services provided and progress toward achievement of treatment goals;

l. An attendance sheet or contact log that supports the dates and times that are billed; and

m. Discharge plan or summary that identifies the after care plan and summarizes the case in relationship to the treatment and plan of care.

(k) The agency shall:

(1) Employ or contract with a prescribing practitioner;

(2) Employ or contract with a program consultant who meets the following:

a. A master’s degree in social work, psychology, education, or a related field with an emphasis in human services;

b. Clinical experience of 2 years working with families; and

c. Supervisory or management experience of 2 years.

(3) Therapists who have:

a. A master’s degree with a major in social work, counseling, psychology, or a related field and at least 2 years of direct work experience assisting children and families; or

b. A bachelor’s degree with a major in social work, counseling, psychology or a related field and at least 5 years of direct work experience in assisting children and families; and

(4) Employ case managers who meet the following minimum qualifications:

a. A bachelor’s degree in social work, psychology, education, or a related field with an emphasis in human services; and

b. Two years of experience with children and families.

(l) The prescribing practitioner serving as the program consultant shall sign each treatment plan separately as both the prescribing practitioner and program consultant.

(m) Therapists and case managers shall participate in weekly supervision that includes a discussion of each case and a review of the progress made by each family towards the goals of the treatment plan.

(n) In addition to the requirements in (k) above, the agency shall:

(1) Provide weekly clinical supervision to staff, including a review of the treatment plan for each family;

(2) Complete annual staff evaluations;

(3) Provide 20 hours per year of mandatory in-service training for staff that includes topics related to:

a. Family systems;

b. Substance use disorders;

c. Child abuse and neglect;

d. Labor and sex trafficking:

e. Sexual abuse;

f. Domestic and family violence;

g. Safety planning for family members;

h. Crisis intervention techniques;

i. Early childhood screening and child development;

j. Trauma informed practice, including evidence-based practices;

k. Treatment of any co-occurring disorders;

l. Behavioral management techniques; and

m. Infant safe sleeping practices;

(4) For each therapist and case manager, the agency shall maintain on file copies of training certificates, signed by the trainer that document:

a. The names of training sessions attended;

b. The number of hours per training; and

c. The dates of training.

(o) The agency shall discharge the child and family from the program when:

(1) The child and family make progress in achieving the goals as identified in the treatment plan;

(2) The child’s behavior while in the program requires removal and referral to more intensive residential treatment; or

(3) The child and family are unable to utilize treatment and are referred to other services.

(p) Within 15 days after service termination, the agency shall forward to the CPSW, JPPO, or the supervisor a report that includes:

(1) A summary of visits and contacts with the family including dates, duration, and locations;

(2) A summary of the progress or lack of progress in meeting the treatment plan including the tasks accomplished, timeframes, and measurable outcomes achieved;

(3) New information about the family that changes or updates the DCYF case plan, pre-dispositional investigation report, or court report;

(4) The community resources and supports available to the family that might be accessed in the future;

(5) Recommendations for ongoing services, including a description of additional progress by parents that is essential to address the needs of each child as specified in the treatment plan and how the provider has worked with the family to assist them in accessing recommended services; and

(6) The dated signature of the prescribing practitioner and therapist.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.19 Requirements for Adolescent Community Therapeutic Services {#sec-he-c-6339.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.19}

(a) The provider shall comply with sections He-C 6339.01 through He-C 6339.15 for certification compliance.

(b) Authority for payment for adolescent community therapeutic services shall be pursuant to a court order or any voluntary agreement between the family and DCYF.

(d) Service for an additional 90 days per year shall be authorized when the following conditions are met:

(1) The family’s problems have not been resolved and the child remains at risk for out-of-home placement;

(2) The provider has discussed a continuation of services with family members and the CPSW or JPPO; and

(3) The provider submits the following documentation to the CPSW or JPPO:

a. The reason(s) for continued services;

b. The beginning and ending dates for continued services;

c. The goals for the continued period of services; and

d. The anticipated child and family outcomes.

(e) Adolescent community therapeutic services shall be provided to:

(1) Children who are exhibiting inappropriate behaviors in the home, school, or community; and

(2) Children living in their own home, a relative’s home, a guardian’s home, or foster home.

(f) Adolescent community therapeutic services shall provide:

(1) Assessment and service planning based on the DCYF case plan, pre-dispositional investigation report or treatment, and ongoing assessment for each child enrolled in the program;

(2) Strength based counseling and support that includes multiple contacts with the child and family, school, and work sites to monitor behavior and activities and provide instruction on job search and maintaining employment, as specified by the treatment plan;

(3) Crisis intervention available to the child and family to intervene, assess the safety of the environment, and prevent out of home placement;

(4) Family intervention, including supportive based counseling with the family to improve relationships and ease tension in the household;

(5) Ongoing assessments for health and safety, including drug screenings, curfew checks, school attendance, and intensive supervision;

(6) Health and safety education, to provide counseling and information on independent living and substance use, and encourage the child to make positive choices;

(7) Behavior management skills training to assist in developing and implementing behavior modification plans for the youth and family regarding discipline, stress, and conflict issues;

(8) Information regarding community resources and support that includes advocacy and outreach to assist children and families in learning how to access community resources and to develop the skills to use these services within the community and comply with court orders by:

a. Assisting the family and CPSW or JPPO in advocating for special education services when necessary to meet the conditions of the DCYF case plan, attending school meetings, team evaluations, and IEP meetings regarding the child’s school performance, and role modeling how to effectively communicate;

b. Providing information about community resources and services, and making referrals for needed services;

c. Coordinating transportation services for child and the family to enable participation in program activities; and

d. Consulting with attorneys as requested by the CPSW or JPPO and attending court hearings with the child; and

(9) Therapeutic recreational services, including individual or group activities appropriate to the age and needs of the child and designed to:

a. Develop healthy interests;

b. Enable the program staff to assess the child in a natural environment;

c. Teach adaptive ways to spend unstructured time;

d. Develop social skills and peer interaction skills;

e. Provide a positive outlet for aggressive energy; and

f. Build self-esteem.

(g) A provider of adolescent community therapeutic services shall:

(1) Schedule an intake meeting with the child, family, CPSW or JPPO, caseworker, and program supervisor within 24 hours for emergency referrals and within 5 working days of referral for non-emergency cases;

(2) Provide each family with a written description of services, as described in He-C 6339.14 including the cost of the service and potential reimbursement by the family to the state for services provided;

(3) Complete an initial assessment within 15 calendar days of the intake meeting, in conjunction with the child, family, and CPSW or JPPO, that includes:

a. An identification of the child’s strengths;

b. The child’s responsibilities for his or her behavior;

c. The supervision to be provided by the family;

d. The adolescent community therapeutic services to be provided; and

(4) Complete a written treatment plan at the end of 30 calendar days;

(5) Reassess the treatment plan and progress toward identified goals on a monthly basis, in consultation with the child, family, agency worker, and CPSW or JPPO to determine whether to continue services, the duration of services, and the purposes and goals;

(6) Provide multiple contacts, by telephone and a minimum of a one-hour face-to-face meeting each week with the child and family as prescribed by the DCYF case plan, which may include:

a. A weekend contact with the child;

b. School attendance checks in person or by telephone;

c. Job attendance checks in person or by telephone; and

d. Curfew checks;

(7) Provide assistance to the family in locating the youth in instances of failure to meet curfew or attend school or job;

(8) Provide assistance to the family with school suspension, supervision through frequent daily telephone contacts, additional face-to-face contacts, or in-office supervision if available;

(9) Submit copies of monthly progress reports to the CPSW or JPPO, the youth, and family; and

(10) Maintain records for each child to include:

a. Name of family, address, and telephone number;

b. Reasons for referral;

c. Initial assessment, which shall be completed following the intake meeting;

d. DCYF case plan, updated at monthly progress reviews;

e. Daily log of contacts and services to the child and family;

f. Incident reports that describe behaviors by the youth, with a copy submitted to the CPSW or JPPO;

g. Progress reports that contain a summary of contacts with the youth, family and others, any mutually agreed upon changes to the treatment plan, goals and objectives achieved by the child and family, and specific plans for next month; and

h. Other information, such as behavioral health and medical records.

(h) When a child or family is visited, the child and parent, if present, shall be required to sign the contact log, and the agency staff shall retain a copy of the log in the family’s file for review during the on-site visits.

(i) The agency shall document each family visit including;

(1) The type of service;

(2) The date of service;

(3) The names of the family members and other individuals who participated;

(4) The name of the staff who assisted the family;

(5) A brief summary of the in-home session;

(6) The length of time spent with the family; and

(7) The provision of the provider’s signature and the signature of a family member and the child, if age appropriate.

(j) A provider for adolescent community therapeutic services shall:

(1) Employ or contract with a prescribing practitioner;

(2) Employ a program supervisor who:

a. Possesses a master’s degree in social work or a related field and 2 years experience in social services; or

b. A bachelor’s degree in social sciences or a related field and 5 years experience including at least 2 years of previous supervisory experience;

(3) Employ adolescent therapeutic caseworkers who possess a bachelor’s degree in social sciences or a related field;

(4) Provide 20 hours per year of mandatory in-service training for adolescent therapeutic caseworkers including topics related to:

a. Family systems;

b. Substance use disorders;

c. Child abuse and neglect;

d. Labor and sex trafficking;

e. Sexual abuse;

f. Domestic and family violence;

g. Behavioral health

h. Safety planning for family members;

i. Crisis intervention techniques;

j. Early child hood screening and child development;

k. Trauma informed practice including evidence-based practices;

l. Treatment of any co-occurring disorders;

m. Behavioral management techniques; and

n. Infant safe sleeping practices;

(5) Maintain documentation of training, which includes:

a. The dates of training;

b. The titles of training topics; and

c. The number of hours per training;

(6) Have an adolescent therapeutic caseworker to child ratio of an average of no more than 1 to 7 with a maximum caseload not exceeding 1:9;

(7) Employ staff that provide evening, weekend, and holiday coverage to meet the needs of the family;

(8) Have on-call 24-hour availability for families;

(9) Provide a minimum of one hour per week of individual clinical supervision by the program supervisor with the adolescent therapeutic caseworker to review each case progress and barriers, for which one session per month may be substituted with group supervision; and

(10) Complete annual staff evaluations, with copies maintained in staff files.

(k) The prescribing practitioner serving as the program supervisor shall sign each treatment plan separately as both the prescribing practitioner and program consultant.

(l) The agency shall:

(1) Terminate services only after consultation and a mutual decision is reached with the child, family, and CPSW or JPPO, based on previously determined criteria in the treatment plan;

(2) Forward a termination notification to the CPSW or JPPO within one working day of any unplanned terminations;

(3) Abide by the following timeframes for planned terminations:

a. Continue services for no more than 5 days to allow for transition work if the child is placed with a family who provides foster care, a residential facility, or secure placement facility;

b. Continue services for no more than 2 business days, with CPSW or JPPO approval, when the child enters an emergency foster home, respite care, relative home, or shelter care;

c. Continue services for no more than 7 days for a child who has run away if the program continues to be actively involved with the family and the plan is for the youth to continue to live at home;

d. Suspend services if the child and family are on vacation or for other reasons are to be away for more than 7 days; and

e. If services continue for 7 days or less, services shall at a minimum include daily telephone contact with the child or family;

(4) Within 15 days after service termination, the agency shall forward to the CPSW, JPPO, or his or her supervisor a report that includes:

a. A summary of visits and contacts with the family including dates, duration, and locations;

b. A summary of the progress or lack of progress in meeting the treatment plan including the tasks accomplished, time frames, and measurable outcomes achieved;

c. New information about the family that changes or updates the DCYF case plan, pre-dispositional investigation report or court report;

d. The community resources and supports available to the family that might be accessed in the future;

e. Recommendations for ongoing services, including a description of additional progress by parents that is essential to address the needs of each child as specified in the treatment plan and how the provider has worked with the family to assist them in accessing recommended services;

f. The date and signature of the prescribing practitioner and adolescent therapeutic caseworker;

(5) If services are terminated prior to the 15th day of the month, no monthly progress report shall not be required for the month. The information for the month in which services are terminated shall be included in a discharge report.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.20 Requirements for Individual Service Options (ISO) In-Home {#sec-he-c-6339.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.20}

(a) The provider shall comply with sections He-C 6339.01 through He-C 6339.15 for certification compliance.

(b) Authorization for payment for individual service options in-home shall be pursuant to a court order, or a non-court ordered or voluntary agreement between DCYF and the family.

(d) Services for an additional 90 days per year shall be authorized when the following conditions are met:

(1) The family’s problems have not been resolved and the child remains at risk for out-of-home placement;

(2) The provider has discussed a continuation of services with family members and the CPSW or JPPO; and

(3) The provider submits the following information in writing to the CPSW or JPPO:

a. The reason(s) for continued services;

b. The beginning and ending dates for continued services;

c. The goals for the continued period of services; and

d. The anticipated child and family outcomes.

(e) The individual service option (ISO) in-home agencies shall:

(1) Promote family self-sufficiency and to connect families to supports in the community;

(2) Promote collaboration and communication with DCYF staff and other local service providers;

(3) Serve children in their home, foster or relative care provider, or home community;

(4) Provide or coordinate all of the services needed for the treatment of the child and family;

(5) Receive approval from DCYF prior to placing a child in a residential care facility for crisis stabilization; and

(6) Provide each family with a written description of services, as described in He-C 6339.14 including the cost of the service and potential reimbursement by the family to the state for services provided.

(f) Crisis stabilization in a residential care facility shall not exceed 10 days per year per child.

(g) Requests for waivers pursuant to He-C 6339.21 to the 10-day limit for residential crisis stabilization shall be submitted to the DCYF.

(h) ISO in-home services shall be provided to families with:

(1) Abused and neglected children, CHINS, and delinquent children; and

(2) Children between the age of birth to age 21, who might be experiencing one or more of the following:

a. Chronic mental, emotional, physical, or behavioral challenges;

b. Post-traumatic stress symptoms;

c. Mental health diagnosis(e);

d. Sexually reactive behaviors;

e. A history of traumatic experiences;

f. Unable to participate in local education program;

g. Require intensive supervision and consistent structure and might benefit from remaining home; or

h. Might need short-term, intensive residential care.

(i) A provider of ISO in-home services shall provide, purchase, or connect a family to services that include:

(1) Case management, treatment planning, and service coordination;

(2) Assessment and service planning based on the DCYF case plan or pre-dispositional investigation report and ongoing assessment for each child enrolled in the program;

(3) Individual, group, family, and substance use disorder counseling;

(4) In-Home services, including:

a. Home-base therapeutic services; and

b. Child health support;

(5) Support for children who are transitioning to a family setting;

(6) Emergency on-call 24-hour response to crises;

(7) Respite care in a licensed foster home;

(8) Crisis stabilization in a residential care facility with prior DCYF approval;

(9) Transportation;

(10) Assisting older children to transition to adult living situations;

(11) Identification of relatives, mentors, and others who will support or assist the child and family;

(12) Transitional assistance from DCYF to adult services;

(13) Coordination of medical, community mental health, and dental care;

(14) Coordination of public or private school education;

(15) Coordination of recreational activities;

(16) Coordination of substance use disorder evaluations and random drug testing; and

(17) Coordination of vocational services.

(j) The ISO in-home agency shall obtain a referral for services and its attachments.

(k) The ISO in-home agency shall assess each family member’s needs in the home within 30 days of referral based on:

(1) The DCYF case plan, pursuant to RSA 170-G:4 III and court report, pursuant to RSA 169-B:5-a, RSA 169-C:12-b, or RSA 169-D:4-a; or

(2) The investigation report pursuant to RSA 170-G:16, I or III, RSA 169-B:16, III-IV, or RSA 169-D:14, III-IV.

(l) The agency’s assessment shall include:

(1) Identification of the strengths and resources of the family;

(2) Identification of alcohol or substance use disorders, domestic or family violence, sexual abuse, or other situations that might impact the child’s safety;

(3) A review of previously completed evaluations and assessments, medical records, and psychological tests;

(4) A determination of immediate services needed by the family;

(5) Identification of community or relative resources available to the family; and

(6) A summary of treatment and service needs.

(m) The ISO in-home agency shall provide DCYF with monthly progress reports that include:

(1) The family’s name;

(2) The name of the person completing the report;

(3) The date of the report;

(4) Improvements that are being made towards specific goals;

(5) Summary of family contacts and progress made towards specific goals;

(6) Changes to the treatment plan;

(7) Educational updates; and

(8) Contacts with other professionals.

(n) Progress reports shall include the following about each child’s medical, dental, and behavioral health care:

(1) Prescriptions and current dosages;

(2) Over-the-counter medication;

(3) Dates of visits during the month being reported;

(4) New health care issues and diagnosis;

(5) Next scheduled visits; and

(6) Name of health care practitioner and office address.

(o) Progress reports shall be provided to the parents or guardians, unless contraindicated by a court order, or a request from DCYF.

(p) The ISO in-home agency shall keep records that include a case record on each child and his or her family that contains:

(1) The assessment used to develop the treatment plan;

(2) The signed ISO in-home treatment plan and its revisions;

(3) Weekly child and family progress notes;

(4) Documentation of therapeutic work with the family; and

(5) Monthly progress reports.

(q) When a child or family is visited, the child and parent, if present, shall be required to sign the contact log and the agency staff shall retain a copy of the log in the family’s file for review during the onsite visits.

(r) The agency shall document each family visit including:

(1) The type of service;

(2) The date of service;

(3) The names of the family members and other individuals who participated;

(4) The name of the therapist who assisted the family;

(5) A brief summary of the in-home session;

(6) The length of time spent with the family; and

(7) The provision of the provider’s signature and the signature of a family member and child.

(s) The ISO in-home agency shall:

(1) Employ or contract with a prescribing practitioner;

(2) Employ a program coordinator who meets the following:

a. A master’s degree in social work, psychology, education, or a related field with an emphasis in human services;

b. Two years clinical experience working with families, and

c. Two years supervisory or management experience;

(3) Therapists who have:

a. A master’s degree with a major in social work, counseling, psychology, or a related field and at least 2 years of direct work experience in assisting children and families; or

b. A bachelor’s degree with a major in social work, counseling, psychology or a related field and at least 5 years of direct work experience in assisting children and families; and

(4) Employ case managers who meet the following minimum qualifications:

a. A bachelor’s degree in social work, psychology, education or a related field with an emphasis in human services; and

b. Two years of experience with children and families.

(t) The prescribing practitioner may also serve as the program consultant as long as they sign each treatment plan separately as both the prescribing practitioner and program consultant.

(u) Therapist and case managers shall participate in weekly supervision that includes a discussion of each case and a review of the progress made by each family towards the goals of the treatment plan.

(v) Therapists and case managers shall complete a minimum of 20 hours of training per year that includes topics related to:

(1) Family systems;

(2) Substance use disorders;

(3) Child abuse and neglect;

(4) Labor and sex trafficking;

(5) Sexual abuse;

(6) Domestic and family violence;

(7) Behavioral health

(8) Safety planning for family members;

(9) Crisis intervention techniques; and

(10) Early child hood screening and child development;

(11) Trauma informed practice including evidence-based practices;

(12) Treatment of any co-occurring disorders;

(13) Behavioral management techniques; and

(14) Infant safe sleeping practices.

(w) The agency shall maintain documentation of training for therapist and case managers, which includes:

(1) The dates of training;

(2) The titles of training topics; and

(3) The number of hours per training.

(x) Up to 5 hours of documented supervision by a therapist may be applied towards the 20 hours of annual training requirement for therapists and case managers.

(y) The case manager’s average caseload shall not exceed an average of 6 families per month.

(z) The therapist’s maximum caseload shall not exceed an average of 10 families per month.

(aa) Within 15 days after service termination, the agency shall forward to the CPSW, JPPO, or his or her supervisor a report that includes:

(1) A summary of visits and contacts with the family including dates, duration, and locations;

(2) A summary of the progress or lack of progress in meeting the treatment plan including the tasks accomplished, timeframes, and measurable outcomes achieved;

(3) New information about the family that changes or updates the DCYF case plan, pre-dispositional investigation, or court report;

(4) The community resources and supports available to the family that might be accessed in the future;

(6) The date and signature of the prescribing practitioner and therapist.

(ab) If the services are terminated prior to the 15th day of the month, no monthly progress report shall not be required for the month. The information for the month in which services are terminated shall be included in the discharge report.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.21 Waivers {#sec-he-c-6339.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.21}

(a) Applicants or providers who request a waiver of a requirement in He-C 6339 shall submit a written request to the commissioner or his or her designee that includes the following information:

(1) The anticipated length of time the requested waiver will be needed;

(2) The reason for requesting the waiver;

(3) Assurance that if the waiver is granted the quality of service and care to children and families will not be affected;

(4) A written plan to achieve compliance with the rule or explaining how the provider will satisfy the intent of the rule, if the waiver is granted;

(5) How the service will be affected if the waiver is not granted;

(6) Evidence that the agency's board of directors has approved the waiver request, such as, minutes of the board meeting documenting that the request was approved or a signature of the board's president or chairman; and

(7) A statement that the rule for which a waiver is being requested is not related to compliance with the life safety code or environmental health and safety issues, unless approved in writing by the fire inspector, local health officer, or public health services.

(b) A waiver shall be granted if:

(1) The department concludes that authorizing deviation from compliance with the rule from which waiver is sought does not contradict the intent of the rule; and

(2) The alternative proposed ensures that the object or intent of the rule will be accomplished.

(c) When a waiver is approved, the applicant’s or provider’s subsequent compliance with the alternative approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.22 Denial of Application and Revocation of Provider Certification {#sec-he-c-6339.22 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.22}

An application shall be denied or provider certification revoked if:

(a) DCYF determines that the state does not have a need for the service;

(b) The applicant or provider, or the individual acting on the applicant’s or provider’s behalf, submits materially false information to DCYF;

(d) There has been disciplinary action taken by a licensing body or professional society, a finding of civil liability made for professional misconduct, or a finding of an ethical violation made by a state or national professional association or any other state’s regulatory board;

(e) There has been revocation of membership on any hospital, medical, or allied health provider staff;

(f) There has been revocation of provider status with any group or health maintenance organization;

(g) There has been revocation of clinical privileges;

(h) There has been termination of academic appointment by an institution;

(i) There has been cancellation of professional or general liability insurance by the insurance company;

(j) There has been abusive or neglectful treatment of a child as determined by any state statute;

(k) There has been a failure to submit a completed, signed, and dated Form 2607 “Review of Continued Certification for In-home Community based Service Providers” (October 2016) within 30 days, pursuant to He-C 6339.05; or

(l) There has been failure to comply with He-C 6339.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.23 Notification of Denial or Revocation {#sec-he-c-6339.23 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.23}

If DCYF denies an application or revokes certification, a letter shall be sent to the applicant or provider by registered mail, which sets forth the reasons for the determination.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.24 Request for Certification Reconsideration {#sec-he-c-6339.24 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.24}

(a) A request for certification reconsideration shall:

(1) Be filed within 30 days of the date of receipt of the letter sent by DCYF;

(2) Be submitted in writing; and

(3) Be filed with the director of DCYF.

(b) The DCYF director shall uphold or overturn the request.

(d) The applicant or provider may appeal the DCYF director’s decision pursuant to He-C 6339.25.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

N.H. Code Admin. R. Ann. He-C 6339.25 Appeals {#sec-he-c-6339.25 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6339.25}

(a) Applicants or providers who wish to appeal a decision to deny an application or revoke or suspend certification shall file an appeal with the commissioner, pursuant to RSA 170-G:4-a.

(b) In accordance with RSA 170-G:4-a, the appeal shall:

(1) Be made in writing;

(2) Be signed and dated;

(3) State the reasons for the appeal pursuant to RSA 170-G:4-a; and

(4) Be filed within 14 working days of the date of receipt of written notification.

(c) Pursuant to RSA 170-G:4-a and He-C 200, the commissioner or designee and 2 members of the DCYF advisory board shall hear the appeal.

History

(See Revision Note at part heading for He-C 6339) #9263, eff 9-20-08; ss by #11180, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12136, eff 3-18-17

Part He-C 6340 Certification Payment Standards for Adoptive Report Writing Service Providers

N.H. Code Admin. R. Ann. He-C 6340.01 Purpose {#sec-he-c-6340.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.01}

The purpose of this part is to identify the qualifications and performance requirements to become a provider of adoptive report writing services, which includes adoptive history reports and adoptive home study reports, for the division for children, youth and families (DCYF) as required by RSA 170-G:4 XVIII and RSA 170-B:18.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16

N.H. Code Admin. R. Ann. He-C 6340.02 Scope {#sec-he-c-6340.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.02}

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16

N.H. Code Admin. R. Ann. He-C 6340.03 Definitions {#sec-he-c-6340.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.03}

(a) “Adoptive report writing” means adoptive history reports and adoptive home study reports.

(b) “Adoptive history report” means the completion of a written case history, which includes social, medical, psychological and educational information about a child who might be adopted and the birth family.

(c) “Adoptive home study report” means the written report of an assessment into the conditions of the adoption petitioner as described in RSA 170-B:18, I for the purpose of ascertaining whether the adoptive home is a suitable home for the minor child and whether the proposed adoption is in the best interest of the minor child.

(d) “Applicant” means the person or entity that is requesting certification for payment as an adoptive report writing service provider.

(e) “Case plan” means the division for children, youth and families’ (DCYF) written plan for the child and the family which outlines how services will be provided, pursuant to RSA 170-G: 4 III, and 42 U.S.C. 671, PART E-Federal Payments for Foster Care and Adoption Assistance Section 471(a)(16), 475(1) and (5)(A) and (D) State Plan For Foster Care and Adoption Assistance. This term includes “placement plan.”

(f) “Certification for payment” means the process by which DCYF approves the qualifications of and reimbursement to providers of adoptive report writing services.

(g) “Child” means “child” as defined in RSA 170-E:25:I or “child” as defined in RSA 169-C:3 or “child” as defined by RSA 169-D:2.

(h) “Child protective service worker (CPSW)” means an employee of DCYF who is specially trained to work with families referred to the DCYF pursuant to RSA 169-C, RSA 170-B, RSA 170-C, and RSA 463.

(i) “Commissioner” means the commissioner of the New Hampshire department of health and human services, or his or her designee.

(j) “Conflict of interest” means any circumstance, situation, or financial interest which has the potential to cause a private interest to directly or indirectly affect, influence, or interfere with the performance of the duties of a provider or his or her employee as a provider for the Division for Children, Youth and Families.

(k) “Department” means the New Hampshire department of health and human services (DHHS).

(l) “Director” means the director of the division for children, youth, and families, or his or her designee.

(m) “Division for children, youth, and families (DCYF)” means the organizational unit of the department of health and human services that provides services to children and youth referred by courts pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, and RSA 463.

(n) “Juvenile probation and parole officer (JPPO)” means an employee of DCYF who exercises the powers and duties as provided for in RSA 170-G: 16, and supervises paroled delinquents pursuant to RSA 170-H.

(o) “NH bridges” means the automated case management, information, tracking, and reimbursement system used by DCYF.

(p) “Provider” means the individual or agency that receives financial reimbursement from the department for adoptive report writing services.

(q) “Structured analysis family evaluation (SAFE)” means the copyrighted structured home study methodology and evidence based forms obtained through the Consortium for Children by providers who have been trained and certified in their use.

(r) “Service authorization” means the documentation provided by DCYF indicating the division’s responsibility for payment of community based services.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16

N.H. Code Admin. R. Ann. He-C 6340.04 Compliance Requirements {#sec-he-c-6340.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.04}

(a) Providers shall comply with:

(1) The confidentiality statutes of RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a; and

(2) The child abuse and neglect reporting requirements of RSA 169-C:29-30.

(b) Providers and his or her employees shall not have a conflict of interest as defined in He-C 6340.03(i).

(1) Denial of an applicant pursuant to He-C 6340.16;

(2) Revocation of certification for payment of a provider pursuant to He-C 6340.16; or

(3) Denial of reimbursement.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16

N.H. Code Admin. R. Ann. He-C 6340.05 Application Process For Payment Standards For Adoptive Report Writing Services {#sec-he-c-6340.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.05}

(a) Applicants who seek initial certification for payment for adoptive report writing services shall contact DCYF and request certification.

(b) The DCYF shall assess the need for services based on the following criteria:

(1) The number of children and families who require services exceeds the available community resources;

(2) A specialized service is necessary to meet the unique needs of children and families, and there are no currently certified providers who can provide the specialized services; and

(3) Any other case circumstance which requires the provision of services pursuant to a court order.

(c) If there is a need for a service based on (b) above, DCYF shall forward an application packet to the applicant which includes:

(1) Form 2608 “Application For Enrollment Of Adoptive Report Writing Providers”(November 2016);

(2) A “State of New Hampshire Alternate W-9 FORM”;

(3) A copy of He-C 6340; and

(4) A copy of Form 1790 “Adoptive History Part I and Part II” (March 2015, PD 15-04) .

(d) Each applicant shall complete the Form 2608 “Application for Enrollment of Adoptive Report Writing Providers” (November 2016) which includes:

(1) A statement indicating whether the applicant is currently listed in any child abuse and neglect state registry as having abused or neglected a child, and if so, the dates and reasons;

(2) A statement indicating whether the applicant has been convicted of a felony or any crime against a person and if so, the name of the court, the details of the offense, the date of conviction and the sentence imposed;

(3) An up to date resume or curriculum vitae;

(4) Names and addresses of 2 individuals who have known the applicant for at least one year and who can verify professional experience and expertise.

(e) The applicant shall sign and date the application.

(f) The applicant’s signature shall constitute an acceptance of the terms below:

(1) The provider has read and understands He-C 6340 and shall adhere to the rules as an enrolled provider;

(2) The information contained in the application is true and correct to the best of the applicant's knowledge; and

(3) The applicant agrees that DCYF has the authority to verify the information contained in the application.

(g) Within 30 calendar days of receipt, the applicant shall complete and return the following documents to DCYF:

(1) Form 2608 “Application for Enrollment of Adoptive Report Writing Providers” (November 2016);

(2) An up to date resume or curriculum vitae;

(3) If applying for certification as an adoptive home study report writer, verification of SAFE certification;

(4) If applying for certification as an adoptive home study report writer, a sample of an adoptive home study report written by the applicant; and

(5) The “State of New Hampshire Alternate W-9 FORM-”.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16 (from He-C 6340.08)

N.H. Code Admin. R. Ann. He-C 6340.06 Requirements for Adoptive History Reports {#sec-he-c-6340.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.06}

(a) Providers for adoptive history reports who DHHS has identified as needed shall:

(1) Possess a bachelor’s degree and have 2 years of experience in writing reports for child protection services;

(2) Submit a current resume that lists education and experience at the time of application and at review of continued certification compliance;

(3) Submit names and phone numbers of 2 individuals who can verify professional experience and expertise, unless waived pursuant to He-C 6340.15;

(4) Have experience using computer hardware and software; and

(5) Participate in adoptive history report writing training provided by DCYF, unless waived pursuant to He-C 6340.15.

(b) A Form 1790 ”Adoptive History Part I and Part II” (March 2015, PD 15-04) shall be completed with information for the birth parents and the adoptive child when identified in the case file.

(1) Be responsible for all materials and supplies needed to write the report;

(2) Within 60 days of assignment, submit a paper copy and an electronic copy of the report to the CPSW or JPPO; and

(3) Maintain all case information confidential, pursuant to RSA 169-C:25.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16 (from He-C 6340.05)

N.H. Code Admin. R. Ann. He-C 6340.07 Requirements for Adoptive Home Study Reports {#sec-he-c-6340.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.07}

(a) Providers for adoptive home study reports shall:

(1) Possess a bachelor’s degree and have 2 years of experience in writing reports for child protection services;

(2) Submit a resume that lists the required education and experience to DCYF at the time of application and at review of continued certification compliance;

(3) Be employed and supervised by a child placing agency operating pursuant to He-C 6448;

(4) Have experience using computer hardware and software;

(5) Possess a SAFE certification;

(6) Provide verification of the SAFE certification;

(7) Provide a statement signed and dated by the SAFE supervisor indicating that he or she agrees to supervise the individual applicant during the SAFE home study report writing process.

(b) Providers shall write an adoptive home study report in compliance with SAFE certification evidence based methodology, including at a minimum, the following information relating to:

(1) The adoptive parent(s);

(2) Other members of the household;

(3) Members of the extended family;

(4) Health and safety checks;

(5) The adoptive parent(s)’s motivation for adoption;

(6) The adoptive home and community;

(7) The adoptive parent applicant(s)’s profile;

(8) Adoptive family life style;

(9) Adoptive family legal and financial responsibilities;

(10) The 10 items of the psychosocial inventory:

a. History of the applicant(s);

b. Personal characteristics of the applicant(s);

c. History;

d. Marital or domestic partnership relationship;

e. Sons, daughters, and others residing in the adoptive home;

f. Extended family relationships;

g. Physical and social environment of the adoptive home;

h. General parenting;

i. Specialized parenting; and

j. Adoption or foster care issues; and

(11) Conclusions;

(12) Placement considerations; and

(13) SAFE adoption home study report recommendations.

(1) Be responsible for all materials and supplies needed to write the report;

(2) Within 60 days of assignment, submit a paper copy and an electronic copy of the report to the CPSW or JPPO; and

(3) Maintain all case information confidential pursuant to RSA 169-C:25.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16

N.H. Code Admin. R. Ann. He-C 6340.08 Preliminary Information Needed for Adoptive Report Writing Services {#sec-he-c-6340.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.08}

(a) Providers shall provide adoptive history report writing only when they have the following information:

(1) Date of request;

(2) Name of DCYF staff member requesting the report, the district office, telephone number, and email;

(3) Names of the birth parents and child(ren);

(4) Reasons or need for referral, including presenting problems and history of involvement with DCYF, as applicable;

(5) Type of services requested;

(6) Dates and duration for requested services;

(7) Dates that reports are needed for court hearings; and

(8) Any data or information from the DCYF case plan or pre-dispositional investigation that is applicable to service provision.

(b) Providers shall provide adoptive home study report writing only when they have the following information:

(1) Date of request;

(2) Name of DCYF staff member requesting the report, the district office, telephone number, and email;

(3) Type of services requested;

(4) Date the completed report is needed;

(5) Name of prospective adoptive parents, address, telephone number, and email;

(6) The “Pre-Adoptive/Foster Care Financial Statement” Form 1728 (November, 2016), and the “SAFE Questionnaire 1 - Single Applicant” (2015) or “SAFE Questionnaire 1 - Couple Applicant” (2015) received from the prospective adoptive parents; and

(7) The ”Child’s Information Sheet” Form 2267 (January 2015), and “Child/Youth Matching Profile” Form 1784 (November 2016), and any additional information the CPSW has to share about the identified prospective adoptive child that is applicable to service provision.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16 (from He-C 6340.07)

N.H. Code Admin. R. Ann. He-C 6340.09 Compliance During Certification {#sec-he-c-6340.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.09}

(a) Prior to the start of service delivery, a provider shall be certified and enrolled as a provider of adoptive report writing services.

(b) Providers shall provide services without discrimination as required by Title VI of the Civil Rights Act of 1964, as amended, and without discrimination on the basis of handicap as required by Section 504 of the Rehabilitation Act of 1973, as amended.

(c) The provider shall notify DCYF in writing within 10 days of any change in the information contained in the application and provide documentation of the change as applicable.

(d) The provider shall notify DCYF of any changes in tax information and complete and submit to DCYF a signed “State of New Hampshire Alternate W-9 Form” with current tax information.

(e) Providers shall submit to DCYF an audited financial statement prepared by an independent licensed public accountant, if requested.

(f) Continuance of certification shall be based on surveys of department staff utilizing the provider.

(g) The provider’s certification and enrollment shall terminate upon date of sale or transfer of ownership or close of the agency.

(h) Providers shall be subject to a review of continued certification compliance every 3 years from the date of issue.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16 (from He-C 6340.04)

N.H. Code Admin. R. Ann. He-C 6340.10 Billing Process for Adoptive Report Writing Services {#sec-he-c-6340.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.10}

(a) “Service Authorization” Form 2110 (6/30/2008) shall be requested by the DCYF case manager.

(b) The provider shall submit to the department a completed ”Service Authorization” Form 2110 (6/30/2008) signed and dated by the provider and the authorized individual.

(c) Providers shall bill the department through NH Bridges via paper claims or electronic claims submission solely for actual hours worked.

(d) Providers shall access web account at least every 90 days or the account will be deactivated.

(e) Providers shall notify DCYF when a user no longer requires access to the application;

(f) All invoices and billing submitted shall:

(1) Be completed in accordance with He-C 6340.10;

(2) Be true and accurate;

(3) Be subject to recovery by DHHS if determined to be inaccurate or fraudulent; and

(4) If submitted via web-billing, shall be submitted with the provider’s agreement that:

a. The information obtained via the provider web-billing application remains confidential and is used solely for the purposes of administering DCYF services; and

b. The provider is responsible for his or her employee’s use of the provider web-billing application.

(g) For paper claim submission, a provider shall:

(1) Copy the “Service Authorization” Form 2110 (6/30/2008) for future billings if the authorized service dates span a date range;

(2) Forward the completed and signed “Service Authorization” Form 2110 (6/30/2008) to DHHS for adoptive history report which includes a certification that the service was provided as specified and that the service claimed is an original claim; and

(3) Attach an invoice with the provider’s original signature to the “Service Authorization” Form 2110 (6/30/2008) that details dates and the number of hours spent on the report.

(h) For electronic claims submission, a provider shall:

(1) Request a web billing account from DHHS by completing, signing, and submitting Form 2679 “Provider Web Billing User Account Request Form” (November 2016);

(2) Be issued a log on and a personal identification number (PIN) by DHHS for use in accessing the web billing account; and

(3) Select the recipient(s) and timeframe(s) for which they wish to submit claims from their list of approved service authorizations.

(i) The handwritten signature in (g) above or personal identification number (PIN) if web billing pursuant to (h) above shall be submitted to DHHS and shall certify that:

(1) The billing was completed in accordance with this section;

(2) The invoice includes only those hours for which services were provided;

(3) The billing is true and accurate;

(4) Any payment made for inaccurate or fraudulent billing will be recovered by DHHS;

(5) If web-billing, that information obtained via the provider web billing application is confidential and can be used solely for the purposes of administering DCYF services;

(6) The provider shall notify DCYF when a user no longer requires access to the application;

(7) The provider is responsible for their employee’s use of the provider web billing application; and

(8) The provider understands that he or she must access web account at least every 90 days or the account will be deactivated.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16 (from He-C 6340.12)

N.H. Code Admin. R. Ann. He-C 6340.11 Billing Period {#sec-he-c-6340.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.11}

(a) Providers shall bill within one year of service provision.

(b) Any bill received for payment one year or more after service date shall be denied pursuant to RSA 126-A:3.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12069, eff 12-6-16 (from He-C 6340.13)

N.H. Code Admin. R. Ann. He-C 6340.12 Billing Discrepancies {#sec-he-c-6340.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.12}

Providers who have a billing discrepancy shall contact DCYF, bureau of administrative operations, provider relations staff for assistance.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16 (from He-C 6340.14)

N.H. Code Admin. R. Ann. He-C 6340.13 Record Retention {#sec-he-c-6340.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.13}

(a) Providers shall retain records in a secure location for a period of not less than 7 years after the completion date of services provided, supporting each bill submitted to the department.

(b) Records shall be subject to random and retrospective review by DHHS to determine the presence and extent of billing errors.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16 (from He-C 6340.15)

N.H. Code Admin. R. Ann. He-C 6340.14 Quality Assurance Activities {#sec-he-c-6340.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.14}

Providers shall be subject to review by DCYF to determine the quality of services pursuant to RSA 170-G:4 XVIII, including a random, retrospective examination of adoptive history reports and adoptive home study reports.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16 (from He-C 6340.16)

N.H. Code Admin. R. Ann. He-C 6340.15 Waivers {#sec-he-c-6340.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.15}

(a) Applicants or providers who request a waiver of a requirement in He-C 6340 shall submit a written request to the Administrator of Community and Family Support, which includes the following information:

(1) The rule number for which the waiver is being requested;

(2) The anticipated length of time the requested waiver will be needed;

(3) The reason for requesting the waiver;

(4) Assurance that if the waiver is granted the quality of services will not be affected;

(5) A written plan to achieve compliance with the rule or a written plan explaining how the provider will satisfy the intent of the rule, if the waiver is granted; and

(6) How the service will be affected if the waiver is not granted.

(b) A waiver shall be granted if:

(1) The department concludes that authorizing deviation from compliance with the rule from which waiver is sought does not contradict the intent of the rule; and

(2) The alternative proposed ensures that the object or intent of the rule will be accomplished.

(d) The applicant or provider shall be notified in writing by the department of the waiver decision.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16 (from He-C 6340.17)

N.H. Code Admin. R. Ann. He-C 6340.16 Denial of Application and Revocation of Certification {#sec-he-c-6340.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.16}

(a) An application shall be denied or provider certification revoked if:

(1) DCYF or determines that the state does not have a need for the service;

(2) The applicant or provider, or the individual acting on the applicant’s or provider’s behalf, submits materially false information to DCYF;

(3) The provider has been convicted of a felony or any crime against a child;

(4) There has been abusive or neglectful treatment of a child as determined by any state statute; or

(5) There has been failure to comply with He-C 6340.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16 (from He-C 6340.18)

N.H. Code Admin. R. Ann. He-C 6340.17 Notification of Denial or Revocation {#sec-he-c-6340.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.17}

If DCYF denies an application or revokes certification, a letter shall be sent to the applicant or provider by registered mail, which sets forth the reasons for the determination.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16 (from He-C 6340.19)

N.H. Code Admin. R. Ann. He-C 6340.18 Request for Certification Reconsideration {#sec-he-c-6340.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.18}

(a) A request for certification reconsideration shall:

(1) Be filed within 30 days of the date of receipt of the letter sent by DCYF described in He-C 6340.17;

(2) Be submitted in writing; and

(3) Be filed with the director of DCYF.

(b) The DCYF director shall uphold or overturn the request pursuant to He-C 6340.18.

(d) The applicant or provider may appeal the DCYF director’s decision pursuant to He-C 6340.19.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16 (formerly He-C 6340.20)

N.H. Code Admin. R. Ann. He-C 6340.19 Appeals {#sec-he-c-6340.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6340.19}

(a) Applicants or providers who wish to appeal DCYF’s decision to deny or revoke certification shall file an appeal with the commissioner, pursuant to RSA 170-G:4-a.

(b) The appeal shall:

(1) Be made in writing;

(2) Be signed and dated;

(3) State the reasons for the appeal pursuant to RSA 170-G:4-a; and

(4) Be filed within 14 days of the date of written notification by the director of DCYF, pursuant to RSA 170-G:4-a.

(c) Pursuant to RSA 170-G:4-a and He-C 200, the commissioner or designee and 2 members of the DCYF advisory board shall hear the appeal.

History

(See Revision Note at part heading for He-C 6340) #9264, eff 9-20-08; ss by #12059, eff 12-6-16 (formerly He-C 6340.21)

Part He-C 6341 CERTIFICATION PAYMENT STANDARDS FOR Communication Access SERVICE PROVIDERS

N.H. Code Admin. R. Ann. He-C 6341.01 Purpose {#sec-he-c-6341.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.01}

The purpose of this part is to identify the qualifications and compliance requirements to become a provider of communication access services for the division for children, youth and families (DCYF) to meet the communication access needs of individuals who are deaf, have hearing loss, are blind, have vision loss, are deaf-blind, have speech disabilities, or have limited English proficiency (LEP) when the criteria for the department wide contract for communication access services requiring the presence of DHHS staff are not met.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18

N.H. Code Admin. R. Ann. He-C 6341.02 Scope {#sec-he-c-6341.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.02}

This part shall apply to individuals or agencies that seek certification to receive financial reimbursement from the department of health and human services (DHHS) for the provision of communication access services for DCYF related business that involves the child(ren) or family, and any other community-based agency or provider participating in the case.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18

N.H. Code Admin. R. Ann. He-C 6341.03 Definitions {#sec-he-c-6341.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.03}

(a) “Agency” means the board of directors, executive director, and employees of an organization that is incorporated and recognized by the NH secretary of state or another state’s regulatory authority.

(b) “Applicant” means the person or entity that is requesting certification for payment as a communication access service provider.

(c) “Certification for payment” means the process by which DCYF approves the qualifications of and payment to providers of communication access services.

(d) “Child or minor” means an individual from birth through age 20, except as otherwise stated in a specific provision.

(e) “Child protective service worker (CPSW)” means an employee of the division for children, youth and families who has expertise in managing cases to ensure families and children achieve safety, permanency, and well-being.

(f) “Commissioner” means the commissioner of the department of health and human services or his or her designee.

(g) “Communication access services” means spoken language interpretation and translation services, American sign language (ASL), communication access real time (CART), and emerging technologies, such as video remote interpretation and other assistive technology services, to meet the communication needs of individuals who are deaf, have hearing loss, are blind, have vision loss, are deaf-blind, have speech disabilities, or have limited English proficiency (LEP).

(h) “Conflict of interest” means any situation, circumstance, or financial interest which has the potential to cause a provider’s private interest to directly or indirectly affect, influence, or interfere with the performance of his or her duties as a provider for the division for children, youth and families.

(i) “Deaf person” means “deaf person” as defined in RSA 521-A:1 II.

(j) “Department (DHHS)” means the department of health and human services.

(k) “Director” means the director of the division for children, youth, and families, or his or her designee.

(l) “Division for children, youth, and families (DCYF)” means the organizational unit of the department of health and human services that provides services to children and youth referred by courts pursuant to RSA 169-A, RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, RSA-170-H, and RSA 463.

(m) “Interpreter” means “interpreter” as defined in RSA 326-I:2, VI.

(n) “Juvenile probation and parole officer (JPPO)” means an employee of DCYF who discharges the powers and duties established by RSA 170-G:16, and supervises paroled delinquents pursuant to RSA 170-H.

(o) “Limited English Proficiency (LEP)” means individuals who have a limited ability to read, speak, write, or understand English.

(p) “NH bridges” means the automated case management, information, tracking, and reimbursement system used by the division for children, youth and families.

(q) “Provider” means the individual or agency that serves a child or family and receives financial reimbursement from the department.

(r) “Quality assurance” means the process that DCYF uses to monitor the quality and effectiveness of communication access services.

(s) “Service authorization” means the documentation provided by DCYF indicating the division’s responsibility for payment of community-based services for non-medicaid eligible children.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18

N.H. Code Admin. R. Ann. He-C 6341.04 Compliance Requirements {#sec-he-c-6341.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.04}

(a) Providers shall comply with:

(1) All applicable licensing requirements from state licensing authorities prior to applying for certification;

(2) The confidentiality statutes of RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;

(3) The child abuse and neglect reporting requirements of RSA 169-C:29-30;

(4) The billing requirements described in He-C 6341.10; and

(5) The billing process described in He-C 6341.11.

(b) Providers and any employees shall not have a conflict of interest, as defined in He-C 6341.03(g).

(d) Failure to comply with the rules of this chapter shall result in:

(1) Denial of an applicant pursuant to He-C 6341.17;

(2) Revocation of certification for payment of a provider pursuant to He-C 6341.17; or

(3) Denial of reimbursement pursuant to He-C 6341.18 (b).

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18

A provider of communication access services for individuals who are deaf or have hearing loss shall:

(a) Demonstrate linguistic competency and proficiency in both English and another language/modality and the demonstrated ability to accurately relay information in both languages or modalities fluently;

(b) Be 18 years of age or older;

(c) Be licensed by the NH board of licensure of interpreters for the deaf and hard of hearing and approved under the NH department of education (DOE), pursuant to RSA 326-I, or any other state’s licensing authorities and maintain a current license or certification by the Registry of Interpreters for the Deaf, Inc.;

(d) Have the ability to interpret visually or tactilely for individuals who are deaf or have hearing loss including:

(1) American sign language;

(2) Certified deaf interpretation;

(3) Oral interpretation;

(4) Tactile interpretation for the deaf/blind;

(5) Cued speech interpretation; and

(6) Communication access real time services;

(e) Contact the CPSW or JPPO prior to service delivery to discuss confidentiality, case information, court dates, and court protocols;

(f) Keep all assignment-related information confidential;

(g) Have the ability to interpret the message impartially by conveying the content and intent of the message using language most readily understood by the person(s) whom they serve;

(h) Understand and acknowledge interpreter ethics and client confidentiality needs and abide by the code of professional ethics standards contained in Int 500;

(i) Provide services through a variety of methods of communication assistance, including:

(1) Face to face in person interpretation;

(2) In person communication access real time services;

(3) Remote communication access real time services; and

(4) Emerging technologies, such as video remote interpretation, as generally accepted in practice;

(j) Be a qualified note taker; and

(k) Have the ability to provide written materials or a printed script of stock speech.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18

(a) A provider of communication access for individuals who are blind, have vision loss, or are deaf-blind shall:

(1) Demonstrate linguistic competency and proficiency in both English and another language/modality and the demonstrated ability to accurately relay information in both languages or modalities fluently;

(2) Be at least 18 years of age;

(3) Have the ability to interpret for individuals who are blind, have vision loss, or are deaf-blind including:

a. Being a qualified reader, someone who is able to read effectively, accurately, and impartially, using any necessary specialized vocabulary; and

b. Providing information in large print, braille, or electronically for use with a computer screen-reading program, or an audio recording of the printed information;

(4) Contact the CPSW or JPPO prior to service delivery to discuss confidentiality, case information, court dates, and court protocols;

(5) Keep all assignment-related information confidential;

(6) Have the ability to interpret the message impartially by conveying the content and intent of the message using language most readily understood by the person(s) whom they serve; and

(7) Understand and acknowledge interpreter ethics and client confidentiality needs and abide by the code of professional ethics standards contained in Int 500.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18

N.H. Code Admin. R. Ann. He-C 6341.07 Requirements for Communication Access Services for Individuals Who Have Speech Disabilities {#sec-he-c-6341.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.07}

(a) A provider of communication access for individuals who have speech disabilities shall:

(2) Be at least 18 years of age;

(3) Have the ability to interpret for individuals who have speech disabilities, including:

a. Being a qualified speech to speech transliterator, a person trained to recognize unclear speech and repeat it clearly;

(4) Contact the CPSW or JPPO prior to service delivery to discuss confidentiality, case information, court dates, and court protocols;

(5) Keep all assignment-related information confidential;

(6) Have the ability to interpret the message impartially by conveying the content and intent of the message using language most readily understood by the person(s) whom they serve; and

(7) Understand and acknowledge interpreter ethics and client confidentiality needs and abide by the code of professional ethics standards contained in Int 500.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18

N.H. Code Admin. R. Ann. He-C 6341.08 Requirements for Spoken (Foreign) Language Communication Access Services {#sec-he-c-6341.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.08}

(a) A provider of spoken foreign language communication access services shall:

(1) Demonstrate linguistic competency and proficiency in both English and another language including passing scores for languages that have national examinations or certifications, along with sensitivity to the culture of individuals needing communication assistance with the demonstrated ability to accurately relay information in both languages, fluently;

(2) Be 18 years of age or older;

(3) Have successfully completed a minimum of 60 hours of a certified interpretation training program and, where possible, completed either medical interpretation and/or legal interpreter certificate training; and submit a resume that lists education and experience at the time of application;

(4) Submit names and addresses of 2 references who can verify professional experience and expertise;

(5) Have the ability to interpret orally or in writing linguistic information for those who speak a foreign language or have limited English proficiency;

(6) Contact the CPSW or JPPO prior to service delivery to discuss confidentiality, case information, court dates, and court protocol;

(7) Keep all assignment-related information confidential;

(8) Have the ability to interpret the message impartially by conveying the content and intent of the message using language most readily understood by the person(s) whom they serve;

(9) Understand and acknowledge interpreter ethics and client confidentiality needs, and abide by the code of professional ethics standards in Int 500 of the board; and

(10) Provide services through a variety of methods of communication assistance, including:

a. Face to face in person interpretation;

b. In person communication access real time services;

c. Remote communication access real time services; and

d. Emerging technologies, such as video remote interpretation, as generally accepted in practice.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18

N.H. Code Admin. R. Ann. He-C 6341.09 Application Process for Payment Standards for Communication Access Services {#sec-he-c-6341.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.09}

(a) Applicants who seek initial certification for payment for communication access services shall contact a DCYF district office supervisor or designee and request to be referred for certification.

(b) The DCYF district office supervisor or DCYF community based services certification specialist shall assess the need for communication access services, based on the following criteria:

(1) The number of children and families who require services exceeds the available community resources;

(2) A specialized service is necessary to meet the unique needs of children and families, and there are no currently certified providers who can provide the specialized service; or

(3) Any other case circumstance which requires the provision of services pursuant to a court order.

(c) If there is a need for a service based in (b) above, DCYF shall forward an application packet to the applicant which includes:

(1) Form 2609 “Application for Certification and Enrollment of Communication Access Service Providers” (November 2018 Edition);

(2) A “State of New Hampshire Alternate W-9” (October 2016 Edition); and

(3) A copy of He-C 6341.

(d) Each individual or agency applicant shall complete, sign, date and submit Form 2069 “Application for Certification and Enrollment of Communication Access Service Providers” (November 2018 Edition), and provide the following:

(1) A copy of the individual applicant’s licenses to practice communication access services or for agency applicants, a master list that includes the name, type of license, and the date of license expiration for each staff member providing communication access services;

(2) A resume or curriculum vitae for each individual applicant, or if agency applicant, the executive director;

(3) A program brochure, if available;

(4) A completed, signed, and dated, “State of New Hampshire Alternate W-9” (October 2016 Edition); and

(5) For an individual applicant for foreign language communication access services, the names and addresses of 2 references who can verify professional experience and expertise.

(e) In addition to the information requested in (d) above, the applicant shall complete, sign, date, and submit Part F “Statement of Affirmation” of Form 2609 “Application for Certification Enrollment of Communication Access Service Providers” (November 2018 Edition), that states:

(1) I have reviewed Administrative Rule He-C 6341 and will adhere to the rules as an enrolled provider. I understand that DCYF has the right to verify information contained in this application; and

(2) I understand and agree that any individual or agency providing services with whom I employ or subcontract will have a current and valid license for the service being provided.

(f) In addition to the information requested in (c) and (d) above, an individual applicant and agency applicant staff member, who provides communication access services, shall complete, sign, date, and submit Part E “Information” of Form 2609 “Application for Certification Enrollment of Communication Access Service Providers” (November 2018 Edition), that states:

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18

N.H. Code Admin. R. Ann. He-C 6341.10 Review of Continued Certification Compliance {#sec-he-c-6341.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.10}

(a) Each individual or agency applicant shall complete, sign, date, and submit Form 2609R “Application for Continued Certificate and Enrollment of Communication Access Service Providers” (November 2018 Edition) as provided by DCYF, within 30 days of receipt and provide the following:

(1) A copy of the individual applicant’s licenses to practice communication access services or for agency applicants, a master list that includes the name, type or license and the date of license expiration for each staff member providing communication access services; and

(2) A completed, signed, and dated “State of New Hampshire Alternate W-9” (October 2016 Edition).

(b) In addition to the information requested in (a) above, an individual applicant or agency applicant staff member who provides communication access services shall complete, sign, date, and submit Parts B, C, and D that includes the following declaration:

(c) In addition to the information requested in (a) and (b) above, the individual applicant or agency applicant shall complete, sign, date, and submit Part E “Statement of Affirmation” of Form 2609R “Application for Continued Certification Enrollment of Communication Access Service Providers” (November 2018 Edition), that states:

(d) Providers who fail to submit Form 2609R “Application for Continued Certification and Enrollment of Communication Access Service Providers” (November 2018 Edition) within 30 days of receipt shall have their certification revoked in accordance with He-C 6341.17 and be denied payment.

(e) Continuance of certification shall be based on a review and verification of the provider’s compliance with He-C 6341.

(f) Review of continued certification compliance shall occur every 3 years from the date of issue.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18 (formerly He-C 6341.08)

N.H. Code Admin. R. Ann. He-C 6341.11 Notification of Changes {#sec-he-c-6341.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.11}

(a) Providers shall notify DCYF in writing within 10 days of any change in the information contained in the application or recertification and provide documentation of the change.

(b) At the time of expiration of mandatory state licenses, the provider shall submit a copy of the renewed license to DCYF within 10 days of receipt from the licensing authority.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18 (formerly He-C 6341.09)

N.H. Code Admin. R. Ann. He-C 6341.12 Billing and Rate Requirements for Communication Access Services {#sec-he-c-6341.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.12}

(a) Providers shall be certified prior to the start of service delivery, as a provider of services to children and families.

(b) Providers shall not bill DCYF for services that are to be reimbursed by any other entity.

(c) Providers shall be reimbursed at a rate equivalent to the department’s current communication access contract or any subsequent contract that might be entered into by the department.

(d) The rates established pursuant to He-C 6341 are contingent upon the availability and continued appropriation of sufficient funds for this purpose, and in no event shall DCYF be liable for any payments hereunder in excess of such available and appropriated funds.

(e) Providers shall accept agreed upon payments made by DCYF as payments in full for the services it provides.

(f) DCYF shall determine the necessity of care and services and the determination shall be binding on the provider.

(g) Providers shall notify DCYF of any changes in tax information by submitting to DCYF a completed, signed, and dated “State of New Hampshire Alternate W-9” (October 2016 Edition)with current tax information.

(h) Providers shall provide services or care without discrimination as required by 42 U.S.C 2000d et. seq., as amended, and without discrimination on the basis of handicap as required by 29 U.S.C. 794, as amended.

(i) The agency provider’s certification shall terminate upon date of sale or transfer of ownership or close of the agency.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18 (formerly He-C 6341.10)

N.H. Code Admin. R. Ann. He-C 6341.13 Billing Process for Communication Access Services {#sec-he-c-6341.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.13}

(a) Providers shall request Form 2110 “Service Authorization” (June 2008 Edition) from DCYF prior to service delivery.

(b) Services provided without Form 2110 “Service Authorization” (June 2008 Edition), shall not be paid.

(d) For paper claim submission, a provider shall:

(1) Copy Form 2110 “Service Authorization” (June 2008 Edition), for future billings if the authorized service dates span a date range;

(2) Forward the completed and signed Form 2110 “Service Authorization” (June 2008 Edition) to the department; and

(3) Attach an invoice to the Form 2110 “Service Authorization” (June 2008 Edition) that details dates and number of hours interpreting services were provided.

(e) For electronic claims submission, a provider shall:

(1) Request a web billing account from DHHS by submitting a completed, signed, and dated Form 2679 “Provider Web Billing User Account Request Form” (February 2017 Edition) that includes the following certification statements:

“I understand that provider billing requirements are governed by administrative rules (He-C 6339, He-C 6340, He-C 6348, He-C 6350, He-C 6914) which is incorporated herein by reference and I agree to abide by these requirements.”;

“I understand and agree that as a provider, I am responsible for any and all billing invoices submitted by me or on my behalf by my authorized representative, whether user is an employee authorized as a billing representative or authorized billing representative of a management service company.”;

“I understand and agree that any payments made which are based on inaccurate or fraudulent billing, whether submitted by me or by my authorized user will be recovered from me by DHHS.”;

“I understand and agree that it is my responsibility to notify the Division for Children, Youth, and Families by contacting Provider Relations when a user no longer required access to the web billing application.”;

“I understand that by submitting an invoice via the Provider Web Billing Application I am certifying that the invoice is true and accurate.”;

“I understand and agree that information obtained via the Provider Web Billing Application is confidential and can be used solely for the purposes of administering Division for Children, Youth, and Families (DCYF) Services.”;

“I understand and agree that I am responsible for my authorized representative, employee, and/or any management service company’s use of the Provider Web Billing Application.”; and

“I understand and agree that I must access my web account at least every ninety (90) days or my account will be de-activated.”; and

(2) Be issued a log in and personal identification number (PIN) by DHHS for use in accessing the web billing account.

(f) Neither the provider of any authorized representative shall transfer his or her log in or PIN or allow use of his or her log in or PIN by any other person.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18 (formerly He-C 6341.11)

N.H. Code Admin. R. Ann. He-C 6341.14 Billing Period {#sec-he-c-6341.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.14}

(a) Providers shall bill within one year of service provision.

(b) Bills received for payment one year or more after the service date shall be denied pursuant to RSA 126-A:3.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18 (formerly He-C 6341.12)

N.H. Code Admin. R. Ann. He-C 6341.15 Billing Discrepancies {#sec-he-c-6341.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.15}

Questions regarding billing discrepancies shall be directed to the provider relations’ staff of the bureau of administrative operations in DCYF.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18 (formerly He-C 6341.13)

N.H. Code Admin. R. Ann. He-C 6341.16 Billing Record Retention {#sec-he-c-6341.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.16}

Providers shall retain records for a period of not less than 7 years after the completion date of services provided, supporting each bill submitted to the department.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18 (formerly He-C 6341.14)

N.H. Code Admin. R. Ann. He-C 6341.17 Quality Assurance Activities {#sec-he-c-6341.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.17}

(a) Providers shall be subject to quality assurance reviews conducted by DCYF.

(b) Providers shall allow:

(1) Scheduled or unscheduled on-site visits by DCYF;

(2) Interviews with program staff; and

(3) A review of program documents to determine continued compliance with He-C 6341.

(c) Providers shall ensure records, including all billing records, are available for inspection and review by DCYF staff during any on-site quality assurance visit.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18 (formerly He-C 6341.15)

N.H. Code Admin. R. Ann. He-C 6341.18 Waivers {#sec-he-c-6341.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.18}

(a) Applicants who request a waiver of a requirement in He-C 6341 shall submit a written request to the commissioner or his or her designee, which includes the following information:

(1) The reason for requesting the waiver;

(2) The anticipated length of time the requested waiver will be needed;

(3) Assurance that if the waiver is granted the quality of services to children youth and families will not be affected;

(4) A written plan to achieve compliance with the rule or explaining how the provider will satisfy the intent of the rule, if the waiver is granted;

(5) How the service will be affected if the waiver is not granted; and

(6) The signature of the person requesting the waiver.

(b) A waiver shall be granted if:

(1) The department concludes that authorizing deviation from compliance with the rule from which waiver is sought does not contradict the intent of the rule or conflict with statute; and

(2) The alternative proposed ensures that the object or intent of the rule will be accomplished.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18 (formerly He-C 6341.16)

N.H. Code Admin. R. Ann. He-C 6341.19 Denial of Application and Revocation of Certification; Denial of Reimbursement {#sec-he-c-6341.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.19}

(a) An application shall be denied or provider certification revoked if:

(1) DCYF determines that the state does not have a need for the service;

(2) The applicant or the individual acting on the applicant’s or provider’s behalf, submits materially false information to DCYF;

(3) There has been a conviction for a felony or any crime by the applicant or provider against a child that has not been annulled or overturned;

(4) The applicant or provider knowingly retained an employee for whom there has been a conviction for a felony or any crime against a person;

(5) There has been abusive or neglectful treatment of a child by the applicant or provider as determined by any state statute;

(6) There has been disciplinary action taken by a licensing body or professional society, a finding of civil liability made for professional misconduct, or a finding of an ethical violation made by a state or national professional association or any other state’s regulatory board on the applicant or provider that has not been annulled or overturned;

(7) The applicant or provider has failed to submit a review form within 30 days; or

(8) The applicant or provider has failed to comply with He-C 6341.

(b) Reimbursement shall be denied to a provider if DCYF determines any of the conditions of He-C 6341.18 (a) (2) through (8) have occurred.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18 (formerly He-C 6341.17)

N.H. Code Admin. R. Ann. He-C 6341.20 Notification of Denial or Revocation {#sec-he-c-6341.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.20}

(a) If DCYF denies an application for certification or revokes an existing certification, DCYF shall send notice of the denial or revocation to the applicant or provider by certified mail.

(b) The notice shall:

(1) Inform the applicant or provider of the facts or conduct upon which DCYF bases its action;

(2) Advise the applicant or provider of their right to request reconsideration of DCYF’s decision pursuant to He-C 6341.20; and

(3) In the case of an existing certification, inform the provider that the revocation shall not take effect until the provider has had an opportunity through an appeal, pursuant to RSA 170-G:4-a and He-C 6341.21, to show compliance with all lawful requirements for retention of the certification.

History

(See Revision Note at part heading for He-C 6341) #9392, eff 3-1-09, EXPIRED: 3-1-17
#12535, INTERIM, eff 5-24-18, EXPIRED: 11-20-18
#12684, eff 11-30-18 (formerly He-C 6341.18)

N.H. Code Admin. R. Ann. He-C 6341.21 Request for Certification Reconsideration {#sec-he-c-6341.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.21}

(a) A request for certification reconsideration shall:

(1) Be filed within 30 days of the date of receipt of the letter sent by DCYF;

(2) Be submitted in writing; and

(3) Be filed with the director of DCYF.

(b) The DCYF director shall grant or deny the request, pursuant to He-C 6341.18.

(d) The applicant or provider may appeal the DCYF director’s decision pursuant to He-C 6341.21.

History

#12684, eff 11-30-18 (formerly He-C 6341.19)

N.H. Code Admin. R. Ann. He-C 6341.22 Appeals {#sec-he-c-6341.22 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6341.22}

(a) Applicants or providers who wish to appeal DCYF’s decision shall file an appeal pursuant to RSA 170-G: 4-a with the commissioner.

(b) The appeal shall be:

(1) Made in writing and state the reasons for the appeal pursuant to RSA 170-G:4-a;

(2) Filed within 14 working days of the date of receipt of written notification; and

(3) Signed and dated.

(c) Pursuant to RSA 170-G:4-a and He-C 200, the commissioner or designee and 2 members of the DCYF advisory board shall hear the appeal.

History

#12684, eff 11-30-18 (formerly He-C 6341.20)

Part He-C 6342 Certification Payment Standards for Child in Home Care Service Providers - Expired

N.H. Code Admin. R. Ann. He-C 6342.01 General Program Administration {#sec-he-c-6342.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6342.01}

– He-C 6342.17

History

(See Revision Note at part heading for He-C 6342) #9265, eff 9-20-08, EXPIRED: 9-20-16

Part He-C 6343 Certification Payment Standards for Transportation Service Providers

N.H. Code Admin. R. Ann. He-C 6343.01 Purpose {#sec-he-c-6343.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.01}

The purpose of this part is to identify the qualifications and performance requirements to become a provider of community based transportation services for the division for children, youth and families (DCYF) and describe transportation services that assist children and families in remedying abusive, neglectful, delinquent, and child in need of services (CHINS) behaviors.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19

N.H. Code Admin. R. Ann. He-C 6343.02 Scope {#sec-he-c-6343.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.02}

This part shall apply to community based transportation service providers who receive financial reimbursement from the DCYF for services provided to children and families.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19

N.H. Code Admin. R. Ann. He-C 6343.03 Definitions {#sec-he-c-6343.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.03}

(a) “Accompanied transportation services” means transportation of children and approved adults to and from appointments or educational programs as approved by the child’s local education agency.

(b) “Agency” means the board of directors, executive director, and employees of an organization that is incorporated and recognized by the NH secretary of state or by another state.

(c) “Applicant” means the person or entity that is requesting certification for payment as a transportation service provider.

(d) “Caregiver” means an individual who is providing care for the child(ren).

(e) “Certification for payment” means the process by which DCYF approves the qualifications of, and payment to providers of transportation services.

(f) “Child or minor” means an individual from birth through age 20, except as otherwise stated in a specific provision.

(g) “Child protective service worker (CPSW)” means an employee of DCYF who has expertise in managing child protection cases to ensure families and children achieve safety, permanency and well-being.

(h) “Child in need of services (CHINS)” means “child in need of services” as defined by RSA 169-D:2, II.

(i) “Commissioner” means the commissioner of the department of health and human services or his or her designee.

(j) “Conflict of interest” means any situation, circumstance, or financial interest, which has the potential to cause a provider’s private interest to directly or indirectly affect, influence, or interfere with the performance of his or her duties as a provider for DCYF.

(k) “Department” means the department of health and human services.

(l) “Destination provider” means the individual, social service agency, or other family support service provider that a child is being transported to or returning from.

(m) “Director” means the director of DCYF or his or her designee.

(n) “Division for children, youth, and families (DCYF)” means the organizational unit of the department of health and human services that provides services to children and youth referred by courts pursuant to RSA 169-A, RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, RSA 170-H and RSA 463.

(o) “Educational transportation service” means the transportation of children from their residence or other setting to their school placement and back to their residence or other setting as approved by DCYF.

(p) “Foster Care” means the supervised 24-hour substitute care of a child placed away from their parent or legal guardian for whom the State has placement and care responsibility. This includes family foster homes, relative homes, pre-adoptive homes, shelters, and residential facilities.

(q) “Juvenile probation and parole officer (JPPO)” means an employee of DCYF who discharges the powers and duties established by RSA 170-G:16, and supervises paroled delinquents pursuant to RSA 170-H.

(r) “Medically necessary” means reasonably calculated to prevent, diagnose, correct, cure, alleviate, or prevent the worsening of conditions that endanger life, cause pain, result in illness or infirmity, threaten to cause or aggravate a handicap, or cause physical deformity or malfunction, and no other equally effective course of treatment is available or suitable.

(s) “NH bridges” means the automated case management, information, tracking, and reimbursement system used by DCYF.

(t) “Outcome” means the intended result or consequence that occurs from carrying out a program or activity.

(u) “Performance indicators” means the utilization of data measurements to gauge program or activity performance.

(v) “Private vehicle transportation services” means transportation of children and families to and from non-medicaid support services via a provider’s own vehicle.

(w) “Provider” means the individual or agency that serves a child or family and receives financial reimbursement from the department.

(x) “Public transportation services” means transportation services arranged through a travel agency to children and families to and from support services.

(y) “Quality assurance” means the process that DCYF use to monitor the quality and effectiveness of community-based transportation services.

(z) “Relative care” means the placement of a child, who has a legal relationship with DCYF, in a home in which one of the responsible caregivers is a person related to the child.

(aa) “Secure transportation services” means transportation of children in law enforcement vehicles, who are considered to be at risk of flight from custody, present significant behavior management issues, or exhibit harmful behaviors toward themselves or others, and who require physical restraint while being transported.

(ab) “Service authorization” means the documentation provided by DCYF indicating the division’s responsibility for payment of community-based services.

(ac) “Service reports” means a written report that includes demographic and performance indicators.

(ad) “Support services” means services that assist families in remedying the circumstances attributed to abuse and neglect, delinquency, and CHINS behaviors.

(ae) “Transport aide” means an individual age 21 or older, employed by an accompanied transportation service provider who accompanies a child, and approved adult(s), to and from appointments and remains on-site with child during the appointment.

(af) “Travel Agency” means an agency engaged in selling and arranging transportation, accommodations, tours, and trips for travelers.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19

N.H. Code Admin. R. Ann. He-C 6343.04 Requirements for Accompanied Transportation Services {#sec-he-c-6343.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.04}

(a) Accompanied transportation service providers shall:

(1) Be an enrolled NH medicaid provider;

(2) Be an agency, not an individual;

(3) Employ a program coordinator who shall:

a. Have a bachelor’s degree in a social services discipline or related field or 5 years’ experience in providing direct service to families;

b. Have one year of experience in a supervisory capacity, as confirmed by a copy of a resume;

c. Recruit, hire, train, and supervise the transport aides;

d. Receive referrals from DCYF;

e. Assign transport aides to provide transportation services;

f. Communicate service changes to staff, as needed;

g. Conduct program staff meetings at least monthly with each aide to review the status of referrals and transportation activities, and to address any problems or barriers;

h. Report any concerns or difficulties immediately to CPSW and JPPO;

i. Be available 5 days a week during DCYF business hours; and

j. Have a pool of available transport aides who are available 7 days a week to provide services at times that best serve children and families;

(4) Have a written plan for providing services when a transport aide cannot provide the scheduled service;

(5) Employ transport aides who shall:

a. Be at least 21 years of age;

b. Have at minimum, a high school diploma or equivalency;

c. Possess a valid driver’s license;

d. Provide proof that their vehicle is registered in accordance with RSA 261:40 and inspected in accordance with RSA 266:1;

e. Provide proof of current automobile liability insurance that includes coverage for accidental injury and death, and coverage for the transporting of another;

f. Have no convictions for impaired driving or multiple motor vehicle violations;

g. Have no conviction for a felony or crime against persons;

h. Have no founded cases of child abuse or neglect;

i. Not drive under the influence of alcohol or drugs pursuant to RSA 265-A;

j. Submit to yearly drug and alcohol testing as determined by the program coordinator except for newly hired transport aides who shall be tested within 6 months from date of hire then yearly thereafter;

k. Not provide service in excess of 12 hours in a 24 hour period; and

l. Not be related to any service recipient or any member of the service recipients family for whom they provide the service;

(6) The provider shall maintain a copy of the following for each transportation aide in the aide’s personnel file:

a. Current driver’s license;

b. Automobile liability insurance;

b. Motor vehicle record;

c. Criminal record report; and

d. Central registry check.

(7) Have written personnel policies which are available for inspection at the time of a quality assurance review as described in He-C 6343.21;

(8) Conduct and document annual staff performance evaluations and training logs making them available for inspection at the time of a quality assurance review;

(9) Have a written policy in place regarding missed appointments by client families which includes notifying the CPSW or JPPO immediately, followed by a written report within 24 hours, when a parent or child fails to show up for a scheduled transport;

(10) Maintain records available for inspection during quality assurance reviews, as described in He-C 6343.20;

(11) Provide transport aides with a written itinerary for each trip that includes but is not limited to:

a. The name of the child and the caregiver;

b. The name of the driver who is picking up the child;

c. The name of the driver who is returning the child, if different from the pick-up driver;

d. The date, time, and pick up location;

e. The destination;

f. The destination provider;

g. The time of the scheduled appointment or visit;

h. The estimated time of return to the child’s caregiver; and

i. A field for the signature of the caregiver upon pick up;

(12) Review with the transport aide, prior to beginning work with children and annually thereafter, RSA 169-C, specifically sections on definitions, immunity from liability, and persons required to report, for all employees and volunteers, who have access to children, prior to beginning their work with children;

(13) Provide transport aides with:

a. Ten hours of training during their first 6 months of employment which includes training relating to accepted transportation practices, personal safety, child safety, and behavior management; and

b. Fifteen hours of training annually that includes topics relating to accepted transportation practices, personal safety, child safety, cultural sensitivity, behavior management, safe driving education, and indicators of child abuse and neglect;

(14) Maintain training records that include trainer signed certificates or letters of attendance that specify dates, hours, and training topics that are available at the time of quality assurance reviews or monitoring; and

(15) Notify DCYF within 24 hours of any transportation aide’s motor vehicle infraction or arrest that would result in the inability to lawfully operate a vehicle in NH.

(b) The transport aide, referenced in (a)(5) above, shall:

(1) Have a means of communication so appointments can be scheduled or canceled;

(2) Carry and present identification to the child’s caregiver and to destination providers;

(3) Not be responsible for transferring information between a child’s parent or caregiver and the service provider, CPSW, JPPO, or parent being visited;

(4) Maintain professional behavior while transporting children;

(5) During vehicle operation:

a. Comply with RSA 263 regarding drivers and licenses;

b. Comply with RSA 265:107-a regarding child passenger restraints required during vehicle operation; and

c. Ensure that all vehicle occupants use safety restraints pursuant to RSA 265:107-a and that passengers under the age of 12 are secured in the back seat of the vehicle;

(6) Notify the CPSW or JPPO immediately, followed by a written report within 24 hours, of any injury that occurs during a trip or visit, such as a traffic accident or if the youth was assaultive or attempted to run away; and

(7) Maintain a file on each child served which includes:

a. Referral information about the child;

b. Transport logs with the name of the transport aide and driver;

c. Log of service provision including service dates, pick up and return locations, the signature of the caregiver, or destination provider, mileage, highway tolls, and parking fees, for billing substantiation;

d. Copies of required reports to be submitted to DCYF;

e. Billing records; and

f. Family related information and correspondence for other providers.

(1) Be registered with the secretary of state prior to applying for certification;

(2) Comply with the medical assistance requirements of He-W 500 and He-M 426;

(3) Comply with the confidentiality statutes of RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a; and

(4) Comply with the child abuse and neglect reporting requirements of RSA 169-C:29-30.

(d) The provider and his or her employees shall not have a conflict of interest as defined in He-C 6343.03(j).

(e) The provider shall maintain liability insurance.

(f) Failure to comply with the rules of this chapter shall result in:

(1) Denial of an applicant pursuant to He-C 6343.24;

(2) Revocation of certification for payment of a provider pursuant to He-C 6343.24; or

(3) Denial of reimbursement.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19

N.H. Code Admin. R. Ann. He-C 6343.05 Requirements for Educational Transportation Services {#sec-he-c-6343.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.05}

(a) Educational transportation service providers shall:

(1) Be approved by the child’s local education agency;

(2) Have an exemption as a licensed foster parent pursuant to He-C 6347;

(3) For agencies, be certified as an accompanied transportation service provider according to He-C 6343.04; or

(4) Be certified for private vehicle transportation services according to He-C 6343.06.

(b) Individual applicants for educational transportation services approved by a child’s local education agency shall;

(1) Complete and submit to the department Form 2615 “Application for Certification and Enrollment of Private Vehicle or Educational Transportation Service Providers” (January 2019) and include documentation of approval by a local education agency to DCYF; and

(2) Include an updated approval from the local education agency annually after the original application; and

(3) Comply with the provisions of He-C 6343.06 and He-C 6343.11.

(1) Provide notification of foster care licensing to the DCYF community-based services specialist;

(2) Maintain foster care licensing according to He-C 6347 to maintain certification for educational transportation services; and

(3) Comply with the provisions of He-C 6343.06 and He-C 6343.11.

(d) Agency applicants for educational transportation services certified as accompanied transportation providers shall comply with the provisions of He-C 6343.04 and He-C 6343.09.

(e) Applicants for educational transportation services certified as private vehicle transportation providers shall comply with the provisions of He-C 6343.06 and He-C 6343.11.

(f) Failure to comply with the rules of this chapter shall result in:

(1) Denial of an applicant pursuant to He-C 6343.24; or

(2) Revocation of certification for payment for an existing provider pursuant to He-C 6343.24.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19

N.H. Code Admin. R. Ann. He-C 6343.06 Requirements for Private Vehicle Transportation Services {#sec-he-c-6343.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.06}

(a) An individual who provides transportation services, including individuals who provide foster and relative care, via his or her own vehicle shall:

(1) Possess a valid driver’s license;

(2) Maintain automobile insurance liability coverage for the transportation of others;

(3) Have no conviction for impaired driving or multiple motor vehicle violations;

(4) Not drive under the influence of alcohol or drugs pursuant to RSA 265-A;

(5) During vehicle operation, ensure that all vehicle occupants use safety restraints pursuant to RSA 265:107-a and that passengers under the age of 12 are secured in the back seat of the vehicle;

(6) Submit documentation to DCYF for He-C 6343.06 (a)(1) through (3) above, which shall include copies of driver’s licenses, automobile liability insurance policies, and motor vehicle records as well as a completed NH department of safety, division of state police Form DSSP 256 “Criminal History Record Information Release Authorization Form”, and a completed and notarized Form 2503, “DCYF Central Registry Name Search Authorization” at the time of application and re-certification;

(7) Comply with:

a. Licensing requirements pursuant to RSA 263, and registration requirements pursuant to RSA 261, prior to applying for certification;

b. The medical assistance requirements of He-W 500 and He-M 426;

c. The confidentiality statutes of RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;

d. The child abuse and neglect reporting requirements of RSA 169-C:29-30; and

e. RSA 265:107-a, child passenger restraints required;

(8) Review RSA169-C, specifically sections on definitions, immunity from liability, and persons required to report for all employees and volunteers, who have access to children prior to beginning their work with children and annually thereafter;

(9) Not have a conflict of interest as defined in He-C 6343.03(j);

(10) Maintain a log of service provision including service dates, pick up and return locations, the signature of the provider, or destination provider, mileage, highway tolls, and parking fees for billing substantiation; and

(11) Be at least 18 years old.

(b) Private vehicle transportation service providers shall not be reimbursed for transporting his or her own children or other household family members not associated with the DCYF case.

(c) Private vehicle transportation service providers shall notify DCYF within 24 hours of any motor vehicle infraction or arrest that would result in the inability to lawfully operate a vehicle in NH.

(d) Failure to comply with the rules of this chapter shall result in:

(1) Denial of an applicant pursuant to He-C 6343.24;

(2) Revocation of certification for payment of a provider pursuant to He-C 6343.24; or

(3) Denial of reimbursement.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.07)

N.H. Code Admin. R. Ann. He-C 6343.07 Requirements for Public Transportation Services {#sec-he-c-6343.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.07}

(a) Travel agencies who arrange public transportation services shall:

(1) Be registered with the NH secretary of state and submit proof of such to DCYF; and

(2) Comply with licensing and registration requirements prior to applying for certification if applicable.

(b) Failure to comply with the rules of this chapter shall result in:

(1) Denial of an applicant pursuant to He-C 6343.24;

(2) Revocation of certification for payment of a provider pursuant to He-C 6343.24; or

(3) Denial of reimbursement.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.08)

N.H. Code Admin. R. Ann. He-C 6343.08 Requirements for Secure Transportation Services {#sec-he-c-6343.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.08}

(a) Secure transportation services shall be provided for children who:

(1) Are before the court as runaways, escapees, or absconders pursuant to the interstate compact on juveniles, RSA 169-A;

(2) Are before the court adjudicated as delinquent children pursuant to RSA 169-B;

(3) Are before the court adjudicated as children in need of services pursuant to RSA 169-D;

(4) Are considered to be at risk of flight from custody;

(5) Exhibit safety concerns regarding themselves or others; or

(6) Require physical restraint while being transported, as applicable.

(b) Providers of secure transportation services shall:

(1) Use law enforcement personnel to transport children;

(2) Maintain custody of court-transported children until the court releases custody of the child from law enforcement or are otherwise relieved by court security or other authorized personnel;

(3) Use only trained officers who are certified by the NH police standards and training council;

(4) Maintain a copy of certification by the NH police standards and training council in the provider’s personnel file, which shall be available for review at the time of an on-site quality assurance monitoring visit;

(5) Use only county or municipal law enforcement department secure vehicles assigned by that department for the secure transportation of juveniles; and

(6) Maintain records to substantiate billing which shall be available for inspection and include:

a. A log of transports;

b. Pick up location, destination, time, and date;

c. Name of officer transporting;

d. Name of JPPO;

e. Name of child transported;

f. Mileage; and

g. Any incidents that occurred such as, traffic accidents, if the youth was assaultive or attempted to run away.

(1) Denial of an applicant pursuant to He-C 6343.24; or

(2) Revocation of certification for payment for an existing provider pursuant to He-C 6343.24.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.09)

N.H. Code Admin. R. Ann. He-C 6343.09 Application Process For Payment Standards For Accompanied Transportation Services {#sec-he-c-6343.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.09}

(a) Applicants who seek initial certification for payment standards for accompanied transportation services shall contact a DCYF district office supervisor or designee and request to be referred for certification.

(b) The DCYF district office supervisor or DCYF community, family, and program support certification specialist shall assess the need for services, based on the following criteria:

(1) The number of children and families who require services exceeds the available community resources;

(2) A specialized service is necessary to meet the unique needs of children and families, and there are no currently certified providers who can provide the specialized service; or

(3) Any other case circumstance which requires the provision of services pursuant to a court order.

(c) If there is a need for a service based on (b) above, DCYF shall forward an application packet to the applicant which includes:

(1) Form 2614 “Application for Certification and Enrollment of Accompanied or Agency Educational Transportation Service Providers” (March2019)”;

(2) A “State of New Hampshire Alternate W-9” (October 2016); and

(3) A copy of He-C 6343.

(d) Each applicant shall complete and submit Form 2614“Application for Certification and Enrollment of Accompanied or Agency Educational Transportation Service Providers” (March 2019) to DCYF within 30 days of receipt, together with all the attachments in He-C 6343.09(c).

(e) Each agency staff member listed in Part C: “Agency Staff” shall sign and date Part D: “Staff Information” of Form 2614 “Application for Certification and Enrollment of Accompanied or Agency Educational Transportation Service Providers” (March 2019) certifying the following:

(f) Each Part D: “Agency Staff” of Form 2614 “Application for Certification and Enrollment of Accompanied or Agency Educational Transportation Service Providers” (March 2019) shall be signed and dated by the executive director or designee, certifying the following:

“I certify that a:

Current criminal records check for this individual is completed and on file at the agency;

Current copy of the individual’s Department of Motor Vehicle Report is on file at the agency;

Current copy of the individual’s driver’s insurance is on file at the agency.”

(g) Each applicant shall sign and date Part F: “Authorization/Statement of Understanding” as part of Form 2614 “Application for Certification and Enrollment of Accompanied or Agency Educational Transportation Service Providers” (March 2019) certifying the following:

“I have reviewed the Administrative Rules He-C 6343 and will adhere to the rules as a certified provider. I authorize the NH Division for Children, Youth and Families (DCYF) to conduct a certification for payment review to determine the program’s compliance with Administrative Rules He-C 6343. I further understand that DCYF has the right to verify information contained in this application. The information contained in this application is correct to the best of my knowledge. I acknowledge that the provision of false information in the application is a basis for denial of the application.”

(h) In addition to the requirements in (c)-(g) above, applicants shall submit the following:

(1) A resume or curriculum vitae for the program coordinator;

(2) A copy of the agency’s organizational structure;

(3) A copy of their budget;

(4) A program brochure, if available;

(5) A statement indicating whether the applicant or any direct service staff:

a. Has ever had their automobile or general liability insurance canceled;

b. Has ever been convicted of a felony or any crime against a person and if so, the name of the court, the details of the offense, the date of conviction and the sentence imposed;

c. Has ever been subject to disciplinary action by a licensing body or professional society, been found civilly liable for professional misconduct, or found to have committed an ethical violation by a state or national professional association or any other state’s regulatory board, and if so, the name of the licensing body or professional society, the reasons, dates, and results; and

d. Is currently listed in any child abuse and neglect state registry as having abused or neglected a child, and if so, the dates and reasons;

(6) A written description of the agency’s no show and cancellation policy;

(7) A written description of the agency’s quality assurance plan including the method of handling client complaints;

(8) The agency’s record keeping and confidentiality policies;

(9) Description of what is provided to the transportation aides for agency identification; and

(10) A written description of services that includes the cost of the service and the parent’s obligation to repay a portion of the service provision.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.10)

N.H. Code Admin. R. Ann. He-C 6343.10 Application Process For Payment Standards For Educational Transportation Services {#sec-he-c-6343.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.10}

(a) Applicants who seek initial certification for the provision of educational transportation services shall contact a DCYF district office supervisor or designee and request to be referred for certification.

(b) The DCYF district office supervisor or DCYF community, family, and program support certification specialist shall assess the need for services, based on the following criteria:

(1) The number of children and families who require services exceeds the available community resources;

(2) A specialized service is necessary to meet the unique needs of children and families, and there are no currently certified providers who can provide the specialized service; or

(3) Any other case circumstance which requires the provision of services pursuant to a court order.

(1) Verify existing documentation and certification(s) for applicants asserting they meet one of the requirements of He-C 6343.05(a);

(2) Follow the provisions of He-C 6343.11 for applicants meeting the requirements of 6343.05(a)(1), (2) or (4); or

(3) Follow the provisions of He-C 6343.09 for applicants meeting the requirements of 6343.05(a)(3).

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.11)

N.H. Code Admin. R. Ann. He-C 6343.11 Application Process For Payment Standards For Private Vehicle Transportation Services {#sec-he-c-6343.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.11}

(a) Individual applicants who seek initial certification for the provision of private transportation services shall contact a DCYF district office supervisor or designee and request to be referred for certification.

(b) The DCYF district office supervisor or DCYF community, family, and program support certification specialist shall assess the need for services, based on the following criteria:

(1) The number of children and families who require services exceeds the available community resources;

(2) A specialized service is necessary to meet the unique needs of children and families, and there are no currently certified providers who can provide the specialized service; or

(3) Any other case circumstance which requires the provision of services pursuant to a court order.

(c) If there is a need for a service based on (b) above, DCYF shall forward an application packet to the applicant which includes:

(1) Form 2615 “Application for Certification and Enrollment of Private Vehicle or Educational Transportation Service Providers”;

(2) A “State of New Hampshire Alternate W-9”;

(3) A NH department of safety, division of state police Form DSSP 256 “Criminal History Record Information Release Authorization Form” for the provider unless the provider is a licensed foster care provider;

(4) A Form 2503 “DCYF Central Registry Name Search Authorization” for the provider unless the provider is a licensed foster care provider; and

(5) A copy of He-C 6343.

(d) Each applicant shall complete and submit Form 2615 “Application for Certification and Enrollment of Private Vehicle or Educational Transportation Service Providers” (March 2019) to DCYF within 30 days of receipt, together with all the attachments in He-C 6343.11(g).

(e) Each applicant shall sign and date Part C: “Applicant Information” of Form 2615 “Application for Certification and Enrollment of Private Vehicle or Educational Transportation Service Providers” (March 2019) certifying the following:

(f) Each applicant shall sign and date Part D: “Authorization/Statement of Understanding” of Form 2615 “Application for Certification and Enrollment of Private Vehicle or Educational Transportation Service Providers” (March 2019) certifying the following:

“I have reviewed the Administrative Rule He-C 6343, Certification for Payment Standards for Transportation Service Providers and will adhere to the rules as a certified provider. I authorize the NH Division for Children, Youth and Families (DCYF) to conduct a certification for payment review to determine the program’s compliance with Administrative Rule He-C 6343, Certification for Payment Standards for Transportation Service Providers. I further understand that DCYF has the right to verify information contained in this application.

The information contained in this application is correct to the best of my knowledge. I acknowledge that the provision of false information in the application is a basis for denial of the application.”

(g) Each applicant shall submit the following with Form 2615 “Application for Certification and Enrollment of Private Vehicle or Educational Transportation Service Providers” (March 2019):

(1) A completed “State of New Hampshire Alternate W-9” (October 2016);

(2) A completed and notarized Form 2503 “DCYF Central Registry Name Search Authorization”, (February 2017) or Authorization for DCYF to obtain. This will not be required if the applicant is currently licensed as a foster care provider under He-C 6347;

(3) A completed NH department of safety, division of state police DSSP 256 “Criminal History Record Information Release Authorization Form” This will not be required if the applicant is currently licensed as a foster care provider under He-C 6347; and

(4) A copy of the provider’s motor vehicle record from the NH department of safety, division of motor vehicles.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.13)

N.H. Code Admin. R. Ann. He-C 6343.12 Application Process For Payment Standards For Public Transportation Services {#sec-he-c-6343.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.12}

(a) Applicants who seek initial certification for payment standards for public transportation services shall contact a DCYF district office supervisor or designee and request to be referred for certification.

(b) The DCYF district office supervisor or DCYF community, family, and program support certification specialist shall assess the need for services, based on the following criteria:

(1) The number of children and families who require services exceeds the available community resources;

(2) A specialized service is necessary to meet the unique needs of children and families, and there are no currently certified providers who can provide the specialized service; or

(3) Any other case circumstance which requires the provision of services pursuant to a court order.

(c) If there is a need for a service based on (b) above, DCYF shall forward an application packet to the applicant which shall include:

(1) Form 2616 “Application for Certification and Enrollment of Public Transportation Service Providers” (March 2019);

(2) A “State of New Hampshire Alternate W-9” (October 2016); and

(3) A copy of He-C 6343.

(d) Each applicant shall complete and submit Form 2616 “Application for Certification and Enrollment of Public Transportation Service Providers” (March 2019) to DCYF within 30 days of receipt, together with proof of registration with the New Hampshire secretary of state.

(e) Each applicant shall sign and date Part C: “Authorization/Statement of Understanding” of Form 2616 “Application for Certification and Enrollment of Public Transportation Service Providers” (March 2019) certifying following:

The information contained in this application is correct to the best of my knowledge, I acknowledge that the provision of false information in the application id s basis for denial of the application.”

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.14)

N.H. Code Admin. R. Ann. He-C 6343.13 Application Process For Payment Standards For Secure Transportation Services {#sec-he-c-6343.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.13}

(a) Applicants who seek initial certification for payment standards for secure transportation services shall contact a DCYF district office supervisor or designee and request to be referred for certification.

(b) The DCYF district office supervisor or the DCYF community, family, and program support certification specialist shall assess the need for services based on the following criteria:

(1) The number of children and families who require services exceeds the available community resources;

(2) A specialized service is necessary to meet the unique needs of children and families, and there are no current certified providers who can provide the specialized service; and

(3) Any other case circumstance which requires the provision of services pursuant to a court order.

(c) If there is a need for services based on the criteria in (b) above, DCYF shall forward an application packet to the applicant, which shall include:

(1) Form 2613 “Application for Certification and Enrollment of Secure Transportation Service Providers” (March 2019);

(2) A “State of New Hampshire Alternate W-9” (October 2016); and

(3) A copy of He-C 6343.

(d) Each applicant shall submit a completed Form 2613 “Application for Certification and Enrollment of Secure Transportation Service Providers” (March 2019) to DCYF within 30 days of receipt, together with a completed “State of New Hampshire Alternate W-9” (October 2016).

(e) Each applicant shall sign and date Part B: “Authorization/Statement of Understanding” of Form 2613 “Application for Certification and Enrollment of Secure Transportation Service Providers” (XXXXX 2019) certifying the following:

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.15)

N.H. Code Admin. R. Ann. He-C 6343.14 Review of Continued Certification Compliance {#sec-he-c-6343.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.14}

(a) Transportation service providers shall complete and submit Form 2616R “Review of Continued Certification for Transportation Service Providers” (March 2019) as provided by DCYF within 30 days of the receipt.

(b) Part C of Form 2616R “Review of Continued Certification for Transportation Service Providers” (March 2019) shall be signed and dated by each direct service staff of accompanied transportation services providers certifying the following affirmation:

(c) Each Part C of Form 2616R “Review of Continued Certification for Transportation Service Providers” (March 2019) submitted by an accompanied transportation service provider agency shall have the following attestation signed and dated by the program coordinator or executive director:

“I certify that a criminal record check for this individual is completed an on file at the agency.”

(d) The provider shall sign and date Part D “Statement of Affirmation” of Form 2616R “Review of Continued Certification for Transportation Service Providers” (March 2019) certifying the following:

“I have reviewed the Administrative Rule He-C 6343 Certification for Payment Standards for Transportation Service Providers and will adhere to the rules as a certified provider. I authorize the NH Division for Children, Youth and Families (DCYF) to conduct a certification for payment review to determine the program’s compliance with Administrative Rule He-C 6343, Certification for Payment Standards for Transportation Service Providers. I further understand that DCYF has the right to verify information contained in this application.

(e) Each applicant shall submit the following with Form 2616R “Review of Continued Certification for Transportation Service Providers” (March 2019):

(1) A “State of New Hampshire Alternate W-9” (October 2016);

(2) A Current list of the Board of Directors that shall include the following information of each person:

a. Full Name;

b. Office held;

c. Professional affiliation;

d. Address; and

e. Telephone number;

(3) Automobile and general liability insurance certificates; and

(4) Resume or curriculum vitae for the program coordinator or executive director.

(f) Renewal of certification shall be made by filing a signed and dated Form 2616 “Review of Continued Certification for Transportation Service Providers” (March 2019) and shall be based on a review and verification of the provider’s compliance with He-C 6343 and the specific requirements for the certification of Transportation Service provided.

(g) Providers who fail to submit a review form within 30 days of receipt shall have their certification revoked in accordance with He-C 6343.24 and be denied payment.

(h) Continuance of certification shall be based on a review and verification of the provider’s compliance with service requirements.

(i) Review of continued certification compliance shall:

(1) Occur every 5 years from the date of issue for:

a. Accompanied transportation service providers;

b. Public transportation service providers; and

c. Secure transportation service providers; and

(2) Occur every year for private vehicle transportation service providers with the exception of a foster parent licensed through He-C 6347 who is also certified as a private vehicle transportation service provider. Continued certification review shall coincide with renewal of their foster care license.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.16)

N.H. Code Admin. R. Ann. He-C 6343.15 Notification of Changes {#sec-he-c-6343.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.15}

(a) For the period of certification, the provider shall notify DCYF in writing within 10 days of any change in the information contained in the application or recertification application and provide documentation of the change.

(b) At the time of expiration of mandatory state driver’s licenses, private vehicle transportation providers shall submit a copy of the renewed license to DCYF.

(c) Failure to notify DCYF of any change shall result in revocation of certification in accordance with He-C 6343.24 and denied payment.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.17)

N.H. Code Admin. R. Ann. He-C 6343.16 Billing Requirements for Transportation Services {#sec-he-c-6343.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.16}

(a) Providers shall be certified as a provider of transportation services and authorized to provide the services by a CPSW or JPPO.

(b) The provider shall not bill DCYF for services that are to be reimbursed by any other entity.

(d) Providers shall accept payments in full for non-medicaid services it provides and in no event shall DCYF be liable for any payments in excess of available and appropriated funds.

(e) DCYF shall determine the need for services and the determination shall be binding on the provider.

(f) Providers shall notify DCYF within 10 business days of any changes in tax information by completing and submitting an updated “State of New Hampshire Alternate W-9” (October 2016) with current tax information.

(g) Providers shall provide services or care without discrimination as required by 42 U.S.C 2000d, et seq., as amended, and without discrimination on the basis of handicap as required by 29 U.S.C 794, as amended.

(h) The provider’s certification shall terminate upon date of sale or transfer of ownership or close of the agency.

(i) Billing for private vehicle service providers shall be for mileage, highway tolls, and parking fees for authorized transportation at rates determined by the DHHS rate setting unit.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.18)

N.H. Code Admin. R. Ann. He-C 6343.17 Billing Process for Transportation Services {#sec-he-c-6343.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.17}

(a) Providers shall request a service authorization form prior to service delivery.

(b) Services provided without service authorization shall not be paid.

(c) Accompanied and educational transportation service providers shall bill DHHS for non-medicaid eligible recipients and services via paper claims.

(d) All other transportation service providers shall bill DHHS for non-medicaid eligible recipients and services via paper claims or electronic claims submission.

(e) For paper claims submission, a provider shall complete and submit to the department a copy of Form 2110 “Service Authorization” (October 2016) for future billings if authorized service dates span a date range.

(f) For electronic claims submission, a provider shall request a web billing account from DHHS by completing and submitting Form 2679 “Provider Web Billing User Account Request Form” (October 2016).

(g) Both the user and the user’s supervisor, if the user is an employee, shall sign the form described in (f) certifying the following:

“I understand and agree that any payments made which are based on inaccurate or fraudulent billing, whether submitted by me or by my authorized user will be recovered from me by DHHS.”;

“I understand that by submitting an invoice via the Provider Web Billing Application I am certifying that the invoice is true and accurate.”;

“I understand and agree that I am responsible for my authorized representative, employee, and/or any management service company’s use of the Provider Web Billing Application.”; and

“I understand and agree that I must access my web account at least every ninety (90) days or my account will be de-activated.”;

(h) After the provider complies with (f) above, the DHHS shall issue to the provider a log on and personal identification number (PIN) for use in accessing the provider web billing user account.

(i) The provider or any authorized representative, shall not transfer his or her log on or PIN, or allow use of his or her log on or PIN by any other person.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.19)

N.H. Code Admin. R. Ann. He-C 6343.18 Billing Period {#sec-he-c-6343.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.18}

(a) A provider shall bill within one year of service provision.

(b) Any bill received for payment one year after service date shall be denied pursuant to RSA 126-A:3.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.20)

N.H. Code Admin. R. Ann. He-C 6343.19 Billing Discrepancies {#sec-he-c-6343.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.19}

Questions regarding billing discrepancies shall be directed to the provider relations’ staff of the bureau of administration operations in DCYF.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.21)

N.H. Code Admin. R. Ann. He-C 6343.20 Record-Keeping and Record Retention {#sec-he-c-6343.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.20}

(a) Providers shall retain records for a period of no less than 7 years after the completion date of a provided service for each bill submitted to the department, the medicaid fiscal agent or a private insurance company.

(b) Records shall clearly document the extent of the care and services provided to children and families, when those services are charged to the department, and information regarding any payment claimed.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.22)

N.H. Code Admin. R. Ann. He-C 6343.21 Quality Assurance Activities of Transportation Service Providers {#sec-he-c-6343.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.21}

(a) Providers shall be subject to quality assurance reviews conducted by DCYF to determine the quality of services pursuant to RSA 170-G:4, XVIII, using a variety of activities that may include a combination of record reviews, performance data measurements, and visits to providers.

(b) For the purposes of assessing compliance and for quality assurance reviews, providers shall allow:

(1) Scheduled or unscheduled on-site visits by DCYF;

(2) Interviews with providers and program staff; and

(3) A review of program documents to determine continued compliance with He-C 6343 including all service reports.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.23)

N.H. Code Admin. R. Ann. He-C 6343.22 Monitoring of Accompanied Transportation Service Providers {#sec-he-c-6343.22 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.22}

(a) Providers shall submit an annual report to DCYF no later than 30 days following the end of the calendar year.

(b) The annual report shall include the following information:

(1) Service provided and changes in strategies that resulted in effective outcomes;

(2) Issues with the service utilization and observations about shifts in the targeted service population;

(3) Barriers discovered in the system of care;

(4) Proposed enhancements to performance indicators,

(5) Training topics presented over the past year for transportation aides; and

(6) Annual statistics for:

a. The number of referrals received;

b. The number of referrals serviced; and

c. The number of referrals not serviced and the reason for not servicing.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.24)

N.H. Code Admin. R. Ann. He-C 6343.23 Waivers {#sec-he-c-6343.23 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.23}

(a) Applicants or providers who request a waiver of a requirement in He-C 6343 shall submit a written request to the commissioner or his or her designee that includes the following information:

(1) The reason for requesting the waiver;

(2) The anticipated length of time the requested waiver will be needed including permanent waivers;

(3) Assurance that if the waiver is granted the quality of service and care to children, youth and families will not be affected;

(4) A written plan to achieve compliance with the rule or explaining how the provider will satisfy the intent of the rule, if the waiver is granted;

(5) How the service will be affected if the waiver is not granted;

(8) The signature of the person requesting the waiver.

(b) A waiver shall be granted if:

(1) The department concludes that authorizing deviation from compliance with the rule from which waiver is sought does not contradict the intent of the rule and the rule does not conflict with statute; and

(2) The alternative proposed ensures that the object or intent of the rule will be accomplished.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.25)

N.H. Code Admin. R. Ann. He-C 6343.24 Denial of Application and Revocation of Certification {#sec-he-c-6343.24 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.24}

(a) An application shall be denied or provider certification revoked if:

(1) DCYF determines that the state does not have a need for the service;

(2) The applicant or provider, or the individual acting on the applicant’s or provider’s behalf, submits materially false information to DCYF;

(3) The provider knowingly retained an employee for whom there has been a conviction for a felony or any crime against a person;

(4) The provider has been convicted of a felony or any crime against a person, which has not been annulled or overturned;

(5) There has been disciplinary action taken against a provider by a licensing body or professional society, a finding of civil liability made for professional misconduct, or a finding of an ethical violation made by a state or national professional association or any other state’s regulatory board, which has not been annulled or overturned;

(6) There has been a cancellation of insurance by the provider’s insurance company;

(7) There has been abusive or neglectful treatment of a child by a provider as determined by any state statute;

(8) The foster care provider has had their foster care license revoked;

(9) A local education agency has revoked authorization for an educational transportation service provider;

(10) The provider fails to submit a copy of renewed driver’s license at the time of expiration; or

(11) The provider fails to comply with He-C 6343.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.26)

N.H. Code Admin. R. Ann. He-C 6343.25 Notification of Denial or Revocation {#sec-he-c-6343.25 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.25}

(a) If DCYF denies an application for certification or revokes an existing certification, DCYF shall send notice of the denial or revocation to the applicant or provider by certified mail.

(b) The notice shall:

(1) Inform the applicant or provider of the facts or conduct upon which DCYF bases its action;

(2) Advise the applicant or provider of their right to request reconsideration of DCYF’s decision pursuant to He-C 6343.26; and

(3) In the case of an existing certification, inform the provider that the revocation shall not take effect until the provider has had an opportunity through an appeal, pursuant to RSA 170-G:4-a and He-C 6343.27, to show compliance with all lawful requirements for retention of the certification.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.27)

N.H. Code Admin. R. Ann. He-C 6343.26 Request for Certification Reconsideration {#sec-he-c-6343.26 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.26}

(a) A request for certification reconsideration shall:

(1) Be filed within 30 days of the date of receipt of the letter sent by DCYF;

(2) Be submitted in writing; and

(3) Be filed with the director of DCYF.

(b) The DCYF director shall grant or deny the request pursuant to He-C 6343.27.

(d) The applicant or provider may appeal the DCYF director’s decision pursuant to He-C 6343.27.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.28)

N.H. Code Admin. R. Ann. He-C 6343.27 Appeals {#sec-he-c-6343.27 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6343.27}

(a) Applicants or providers who wish to appeal DCYF’s decision shall file an appeal pursuant to RSA 170-G:4-a with the commissioner.

(b) The appeal shall be:

(1) Made in writing and state the reasons for the appeal pursuant to RSA 170-G:4-a;

(2) Filed within 14 working days of the date of receipt of written notification; and

(3) Signed and dated;

(c) Pursuant to RSA 170-G:4-a and He-C 200, the commissioner or designee and 2 members of the DCYF advisory board shall hear the appeal.

History

(See Revision Note at part heading for He-C 6343) #9390, eff 3-1-09, EXPIRED: 3-1-17
#12592, INTERIM, eff 7-26-18, EXPIRED: 1-22-19
#12750, eff 3-26-19 (formerly He-C 6343.29)

Part He-C 6344 Certification Payment Standards for Community-Based Behavioral Health Service Providers

N.H. Code Admin. R. Ann. He-C 6344.01 Purpose {#sec-he-c-6344.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.01}

The purpose of this part is to identify the qualifications and performance requirements to become a provider of community-based behavioral health services for the division for children, youth and families (DCYF) and describe the array of behavioral health services related to improving child and family functioning regarding situations involving abuse, neglect, delinquency, and Children in Need of Services (CHINS).

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08, ss by #12206, eff 6-10-17

N.H. Code Admin. R. Ann. He-C 6344.02 Scope {#sec-he-c-6344.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.02}

This part shall apply to community-based behavioral health service providers for DCYF who receive financial reimbursement from the department of health and human services (DHHS) for services provided to children and families.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08, ss by #12206, eff 6-10-17

N.H. Code Admin. R. Ann. He-C 6344.03 Definitions {#sec-he-c-6344.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.03}

(a) “Applicant” means the entity that is requesting certification for payment as a behavioral health service provider.

(b) “Division of behavioral health (DBH)” means the organizational unit of the department health and human services established pursuant to RSA 135-C:6.

(c) “Case plan” means the division for children, youth and families written document, pursuant to RSA 170-G:4, III, that describes the service plan for the child and family, and addresses outcomes, tasks, responsible parties, and timeframes for correcting problems that led to abuse, neglect, delinquency, or child in need of services (CHINS).

(d) “Certification for payment” means the process by which DCYF approves the qualifications of and payment to providers of community-based behavioral health services.

(e) “Child” means an individual from birth through age 20, except as otherwise stated in a specific provision. The term includes “minor”.

(f) “Child in need of services (CHINS)” means “child in need of services” as defined by RSA 169-D:2.

(g) “Child protective service worker (CPSW)” means an employee of the division for children, youth and families who has expertise in managing cases to ensure families and children achieve safety, permanency and well-being.

(h) “Cognitive Behavioral Therapy (CBT)” means a psychotherapy based on modifying everyday thoughts and behaviors, with the aim of positively influencing emotions. The cognitive model of managing emotional responses encourages the development of specific goals that are measurable and quantifiable.

(i) “Commissioner” means the commissioner of the department of health and human services or his or her designee.

(j) “Community mental health program (CMHP)” means a program operated by the state, city, town, or county, or a community-based New Hampshire nonprofit corporation for the purpose of planning, establishing, and administering an array of community-based, mental health services pursuant to He-M 403 and as defined in RSA 135-C:2, IV.

(k) “Community-based behavioral health services” means behavioral health services certified by DCYF pursuant to RSA 170-G:4 XVIII.

(l) “Conflict of interest” means a situation, circumstance, or financial interest, which has the potential to cause a private interest to interfere with the proper exercise of a public duty.

(m) “Crisis intervention services” means short term in or out of home services designed to stabilize children and families in emergent situations.

(n) “Department (DHHS)” means the department of health and human services.

(o) "Diagnostic evaluation" means psychological testing or psychosocial assessment to determine the nature and cause of a child or family’s dysfunction including mental status, child development, family history, and recommendations for treatment.

(p) “Director” means the director of the division for children, youth, and families or designee.

(q) “Division for children, youth, and families (DCYF)” means the organizational unit of the department of health and human services that provides services to children and youth referred by courts pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, and RSA 463.

(r) “Educationally identified child” means “child with a disability'' as defined in RSA 186-C:2 namely, “any person 3 years of age or older but less than 21 years of age who has been identified and evaluated by a school district according to rules adopted by the state board of education and determined to have an intellectual disability, a hearing impairment including deafness, a speech or language impairment, a visual impairment including blindness, an emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, acquired brain injury, another health impairment, a specific learning disability, deaf-blindness, multiple disabilities, or a child at least 3 years of age but less than 10 years of age, experiencing developmental delays, who because of such impairment, needs special education or special education and related services. The term "child with a disability'' shall include a child ages 18 to 21, who was identified as a child with a disability and received services in accordance with an individualized education program but who left school prior to his or her incarceration, or was identified as a child with a disability but did not have an individualized education program in his or her last educational institution.”

(s) “Evidence-informed practice” means the process of treatment, which takes into account client preferences and values, practitioner expertise, best scientific evidence and clinical characteristics and circumstance.

(t) “Family therapy” means evidence-informed treatment involving family members and a therapist when treatment is focused on ameliorating conditions that impair family functioning.

(u) “Group outpatient counseling” means the use of evidenced-informed psychotherapeutic or counseling techniques in the treatment of a group, most of whom are not related by blood, marriage, or legal guardianship in a community setting.

(v) “Individual outpatient therapy” means the use of evidenced-informed psychotherapeutic or counseling techniques in the treatment of an individual on a one-to-one basis in a community setting.

(w) “Juvenile probation and parole officer (JPPO)” means an employee of DCYF who discharges the powers and duties established by RSA 170-G: 16, and supervises paroled delinquents pursuant to RSA 170-H.

(x) “Licensed alcohol and drug counselor (LADC)” means a person licensed by the state of New Hampshire board of licensing for alcohol and other drug use professionals according to RSA 330-C to practice substance use counseling as a LADC.

(y) “Licensed practitioner” means a psychiatrist, advanced registered nurse practitioner, psychiatric nurse, psychologist, pastoral psychotherapist, independent clinical social worker, clinical mental health counselor, substance use counselor, or marriage and family therapist holding a state license to practice in their respective field.

(z) “Managed care organization (MCO)” means an organization, contracted with the Department, that combines the functions of health insurance, delivery of care, and administration.

(aa) “Master licensed alcohol and drug counselor (MLDAC)” means a person licensed by the state of New Hampshire board of licensing for alcohol and other drug use professionals according to RSA 330-C to practice substance use counseling as a MLDAC.

(ab) “NH bridges” means the automated case management, information, tracking, and reimbursement system used by DCYF.

(ac) “NH mental health authority” means the bureau of mental health services administration, under the division of behavioral health within DHHS.

(ad) “Outcome” means the intended result or consequence that will occur from carrying out a program or activity.

(ae) “Prescribing practitioner” means a provider licensed by the New Hampshire board of mental health practice, board of nursing, board of medicine, or the board of phycologists that provides services identified in 42 CFR 440:130 to reduce a physical or mental disability and aid in the restoration of a recipient to their best functional level.

(af) “Private provider” means an individual behavioral health practitioner who is a sole practitioner or who is employed by an agency, excluding CMHP’s, and provides services to a child or family and receives financial reimbursement from DHHS.

(ag) “Program” means the community mental health program.

(ah) “Provider” means the individual, agency or program that serves a child or family and receives financial reimbursement from DHHS.

(ai) “Progress report” means the written document, submitted on a regular basis to DCYF by the behavioral health provider, which includes a summary of contacts and data documenting outcomes of the child and family specific treatment goals, dates of service, awareness of the permanency goal and congruence with case plan.

(aj) "Psychotherapy” means face-to-face clinical intervention or assessment and monitoring necessary to determine the course and progress of therapy for individuals or families that:

(1) Is based on evidence-informed psychological treatment principles;

(2) Has as its purpose the improvement of interpersonal and self-care skills, psychological understanding, or a change in behavior(s), or any combination of these;

(3) Is provided by a professional qualified pursuant to He-M 426.08(h)-(l);

(4) Is monitored through the clinical record; and

(5) Is based on an individual service plan.

(ak) “Quality assurance” means the process that DCYF use to monitor the quality and effectiveness of community-based behavioral health services.

(al) “Re-approval” means the division of behavioral health’s process of conducting a comprehensive quality assurance and compliance evaluation for all community mental health programs that generates a re-approval report.

(am) “Service authorization” means the form provided by DCYF indicating the division’s responsibility for payment of community-based services for non-medicaid eligible children.

(an) “Trauma-informed service system” means a system in which all parties involved recognize and respond to the impact of traumatic stress on those who have contact with the system including children, caregivers, and service providers. A trauma-informed service system reinforces trauma awareness, knowledge, and skills in the organizational cultures, practices, and policies of all those who are involved with the child, using the best available science, to facilitate and support the recovery and resiliency of the child and family.

(ao) “Treatment plan” means the written, time-limited, goal-oriented, evidence-informed plan for the child and family developed by the provider and DCYF, which is in agreement with the case plan.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17

N.H. Code Admin. R. Ann. He-C 6344.04 Categories and Descriptions of Community-Based Behavioral Health Services {#sec-he-c-6344.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.04}

(a) Behavioral health providers shall include:

(1) Private providers of behavioral health services; and

(2) CMHP.

(b) All behavioral health services shall include clinical assessments, diagnostic evaluations, and treatments which derive from attachment and trauma theory and which are evidence- informed practices.

(c) The evaluator shall determine a child and family’s level of functioning and recommend the appropriate clinical interventions.

(d) Diagnostic evaluations and assessments shall include:

(1) Mental status exam;

(2) Current developmental status;

(3) Impact of trauma on current level of functioning;

(4) Identifying strengths and risk factors;

(5) Assessment of capacity for healthy attachment;

(6) Any appropriate standardized psychological or neuropsychological tests; and

(7) A detailed report submitted to the CPSW or JPPO.

(e) Therapeutic intervention services shall include:

(1) Individual intervention based on evidence-informed treatments.

(2) Family intervention based on evidence-informed treatment models of family therapy; or

(3) Group interventions based on evidence-informed treatment interventions involving 2 to 10 individuals and a therapist when the focus of the group is ameliorating conditions that impair functioning; especially as a result of trauma and attachment issues or exposure to family or domestic violence.

(f) Certification of providers shall be determined by reviewing the documentation provided in He-C 6344.07 through He-C 6344.10 and a review of training and experience in the following services:

(1) Diagnostic evaluations which shall include:

a. Behavioral consultation;

b. Child psychiatry evaluation;

c. Competency evaluation;

d. Developmental evaluation;

e. Domestic or family violence evaluation;

f. Dual diagnosis of:

Mental health and substance use; or
Behavioral health and developmental challenges;

g. Fire-setting evaluation;

h. Neuropsychiatry evaluation;

i. Neuropsychological evaluation;

j. Psychological evaluation;

k. Psycho-sexual risk evaluation;

l. Sexual abuse victim or perpetrator evaluation; and

m. Forensic evaluation;

(2) Family therapy;

(3) Group outpatient therapy; and

(4) Individual outpatient therapy.

(g) Comprehensive assessments or evaluations for substance use disorders and treatment shall include:

(1) Individual interventions based on evidence-informed treatment models of age-appropriate treatment for substance use disorders;

(2) Family interventions based on evidence-informed models of family interventions for substance use disorders;

(3) Group interventions based on evidence-informed interventions involving 2 or more individuals and a therapist when the focus of the group is treating substance use disorders or enhancing recovery; and

(4) Crisis intervention services.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17

N.H. Code Admin. R. Ann. He-C 6344.05 Compliance Requirements for Private Providers {#sec-he-c-6344.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.05}

(a) Private providers shall comply with:

(1) All applicable licensing and registration requirements prior to applying for certification;

(2) The medical assistance requirements of He-W 500 and He-M 426;

(3) The statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:19, RSA 170-C:14, and RSA 170-G:8-a; and

(4) The child abuse and neglect reporting requirements of RSA 169-C:29-30.

(b) All providers, prior to beginning their work with children, and thereafter on an annual basis, shall review the sections of RSA 169 on definitions, immunity from liability and persons required to report.

(d) Private providers shall maintain professional and general liability insurance.

(e) When domestic or family violence is identified as an issue for a family, each private provider shall follow the “Mental Health Domestic Violence Protocols,” 1996, prepared by the NH governor’s commission on domestic violence and available directly from the NH department of justice or on-line as listed in Appendix A.

(f) The provider shall provide services or care without discrimination as required by 42 U.S.C 2000d et seq., as amended, and without discrimination on the basis of handicap as required by 29 U.S.C 794, as amended.

(g) Private providers shall:

(1) Be an enrolled NH medicaid provider;

(2) Accept medicaid payment as payment in full;

(3) Submit their medicaid number to DCYF; and

(4) Participate with one or more of the NH managed care organizations (MCO).

(h) The requirement in (g)(1) above shall be waived if the provider holds only a LADC license.

(i) Private providers shall verify recipient eligibility for and bill all third party sources of reimbursement, including private health insurance, and medicaid, or MCO, prior to billing DCYF.

(j) Private providers shall request prior authorization for services in advance for recipients covered by third party insurance.

(k) Private providers shall request prior authorization for psychotherapy services for medicaid or MCO eligible recipients requiring more than 12 visits per fiscal year as outlined in He-W 530.

(l) Private providers shall submit a monthly progress report to CPSW or JPPO.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17

N.H. Code Admin. R. Ann. He-C 6344.06 Compliance Requirements for CMHP {#sec-he-c-6344.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.06}

(a) CMHP providers shall comply with:

(1) All applicable licensing and registration requirements prior to applying for certification;

(2) The medical assistance requirements of He-W 500 and He-M 426;

(3) The statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:19, RSA 170-C:14, and RSA 170-G:8-a;

(4) The child abuse and neglect reporting requirements of RSA 169-C:29-30; and

(5) DCYF requirement for a master’s degree and 2 years post graduate experience to be assigned to all cases.

(b) For all employees and volunteers who have access to children, prior to beginning their work with children, and thereafter on an annual basis, the provider shall review the sections of RSA 169 on definitions, immunity from liability and persons required to report.

(d) CMHP shall maintain professional and general liability insurance.

(e) When domestic violence is identified as an issue for a family, each agency shall follow the “Mental Health Domestic Violence Protocols,” 1996, as prepared by the NH governor’s commission on domestic violence and available directly from the NH department of justice or online as listed in Appendix A.

(f) The provider shall provide services or care without discrimination as required by 42 U.S.C 2000d, et. seq, as amended, and without discrimination on the basis of handicap as required by 29 U.S.C 794, as amended.

(g) The CMHP shall:

(1) Be an enrolled NH Medicaid and MCO provider that meets the following requirements:

a. A prescribing practitioner shall demonstrate approval of the Medicaid-covered services by signing the child and family’s treatment plan; and

b. Medicaid-covered services shall be authorized for children who are:

Medicaid eligible, either as categorically or medically needy; and
Under the age of 21 years;

(2) Private providers shall verify recipient eligibility for and bill all third-party sources of reimbursement, including private health insurance and medicaid or MCO, prior to billing DCYF.

(3) Accept Medicaid payment as payment in full for services provided; and

(4) Have a current contract with the DBH and shall not be an individual provider.

(h) All CMHP shall comply with the service provisions outlined in He-M 426.

(i) Each CMHP shall submit a quarterly progress reports for each client to the CPSW or JPPO.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17

N.H. Code Admin. R. Ann. He-C 6344.07 Application Process For Payment Standards For Private Providers of Community-Based Behavioral Health Services {#sec-he-c-6344.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.07}

(a) Applicants who seek initial certification for payment standards for community-based behavioral health services shall only be referred by a DCYF district office supervisor or designee.

(b) If the request is approved, DCYF shall forward an application packet to the applicant, which includes:

(1) A Form 2617 “Application For Certification And Enrollment Of Private Behavioral Health Service Providers” (October 2016);

(2) “State of New Hampshire Alternate W-9 Form”; and

(3) A copy of He-C 6344.

(c) Each applicant shall complete, sign, date, and submit a Form 2617 “Application For Certification And Enrollment Of Private Behavioral Health Service Providers”(October 2016); and the following information:

(1) A signed and dated “Statement of Affirmation” as part of Form 2617 “Application For Certification And Enrollment Of Private Behavioral Health Service Providers” (October 2016) that states the following:

“I have reviewed Administrative Rule He-C 6344 and will adhere to the rules as an enrolled provider. I understand that DCYF has the right to verify information contained in this application”;

“I will notify DCYF in writing within ten business days of any change to the information contained in this application”;

“I understand and agree that any individual whom provides services or agency that I subcontract with will have a current and valid license for the service being provided”; and

“The information contained in this application is correct to the best of my knowledge”.

(2) The applicant shall provide the following information with, or in addition to, Form 2617 “Application For Certification And Enrollment Of Private Behavioral Health Service Providers”(October 2016) in (1) above:

a. A copy of the applicant’s state license to practice or operate;

b. A completed, signed, and dated “State of New Hampshire Alternate W-9 Form”;

c. A resume or curriculum vitae; and

d. A sample of a treatment plan.

(d) In addition to the information requested in (c) above, the applicant shall complete, sign, date, and submit the attestation in Part E of Form 2617 “Application For Certification And Enrollment Of Private Behavioral Health Service Providers” (October 2016) that states:

(e) Each applicant shall complete, sign, date, and submit a “Statement of Affirmation” as part of Form 2617 “Application For Certification And Enrollment Of Private Behavioral Health Service Providers” (October 2016) that states the following:

“I have reviewed Administrative Rule He-C 6344 and will adhere to the rules as an enrolled provider. I understand that DCYF has the right to verify information contained in this application”;

“I will notify DCYF in writing within ten business days of any change to the information contained in this application”;

“I understand and agree that any individual whom provides services or agency that I subcontract with will have a current and valid license for the service being provided”; and

“The information contained in this application is correct to the best of my knowledge”.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.08)

N.H. Code Admin. R. Ann. He-C 6344.08 Application Process For Payment Standards For CMHP Providers {#sec-he-c-6344.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.08}

(a) CMHP’s shall be contracted for services through the DBH.

(b) CMHP’s shall provide a copy of a “State of New Hampshire Alternate W-9 Form” to the DCYF certification specialist within 30 days of receipt.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from he-C 6344.09)

N.H. Code Admin. R. Ann. He-C 6344.09 Review of Continued Certification Compliance for Private Providers {#sec-he-c-6344.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.09}

(a) Private providers shall complete, sign, date, and submit a Form 2617R “Certification Renewal - Private Behavioral Health Providers” (October 2016), as provided by DCYF, within 30 days of receipt and include the following information:

(1) A completed, signed, and dated “Statement of Affirmation” as part of Form 2617R “Certification Renewal - Private Behavioral Health Providers” (October 2016) that states the following:

“I have reviewed Administrative Rule He-C 6344 and will adhere to the rules as an enrolled provider. I understand that DCYF has the right to verify information contained in this application”;

“I will notify DCYF in writing within 10 business days of any change to the information contained in this application”;

“I understand and agree that any individual whom provides services or agency that I subcontract with will have a current and valid license for the service being provided”; and

“The information contained in this application is correct to the best of my knowledge.”

(2) The applicant shall provide the following information with, or in addition to, Form 2617R “Certification Renewal - Private Behavioral Health Providers” (October 2016):

a. License to practice or operate; and

b. “State of New Hampshire Alternate W-9 Form”.

(3) In addition to the information requested in (a) and (b) above the applicant shall complete, sign, date, and submit the attestation in Part C of Form 2617R “Certification Renewal - Private Behavioral Health Providers” (October 2016) that states:

(b) Private providers who fail to complete and submit a Form 2617R “Certification Renewal - Private Behavioral Health Providers” (October 2016) within 30 days of receipt shall have their certification revoked in accordance with He-C 6344.23 and be denied payment.

(c) Continuance of certification shall be based on a review and verification of the provider’s compliance with He-C 6344.

(d) Private provider applicants shall submit a copy of the documentation required by the appropriate state licensing board or boards to DCYF at the time of license renewal to DCYF.

(e) Private provider applicants shall submit a copy of their renewed license to DCYF.

(f) Review of continued certification shall coincide with the date of expiration of the private provider’s applicable state licensing board(s).

(g) In the event of dual licensing the date of the earliest license expiration will be used.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.11)

N.H. Code Admin. R. Ann. He-C 6344.10 Review of Continued Certification Compliance for CMHP Providers {#sec-he-c-6344.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.10}

Renewals for CMHP providers shall occur every 5 years and coincide with the date of the re-approval report completed by the DBH.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.12)

N.H. Code Admin. R. Ann. He-C 6344.11 Notification of Changes for Private Providers {#sec-he-c-6344.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.11}

The private provider shall:

(a) Notify DCYF in writing within 10 business days of any change in the information contained in the application and changes to the items required by He-C 6344.07 (c)(1) - (3) above, and provide documentation of the change; and

(b) Submit a copy of the renewed license, at the time of expiration of mandatory state licenses to DCYF within 10 days of receipt from the licensing authority.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.14)

N.H. Code Admin. R. Ann. He-C 6344.12 Notification of Changes for CMHP Providers {#sec-he-c-6344.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.12}

All providers shall comply with the requirements of He-M 403 with regard to any changes.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.15)

N.H. Code Admin. R. Ann. He-C 6344.13 Billing Requirements for Community-Based Behavioral Health Services {#sec-he-c-6344.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.13}

(a) All providers of community-based behavioral health services shall:

(1) Be certified prior to the start of service delivery;

(2) Not exceed the rates established by DCYF nor shall the rates exceed those charged by the provider for non-DCYF children and families;

(3) Not bill DCYF for services that are to be reimbursed by any other entity including third party insurance or Medicaid; and

(4) Accept payments made by DCYF as payments in full for the services it provides.

(b) DCYF shall determine the need for services and the determination shall be binding on the provider.

(c) The provider shall notify DCYF of any changes in tax information and complete and submit to DCYF a signed “State of New Hampshire Alternate W-9 Form” with current tax information.

(e) The provider shall provide services or care without discrimination as required by 42 U.S.C 2000d et. seq., as amended, and without discrimination on the basis of handicap as required by 29 U.S.C 794, as amended.

(f) The provider’s certification terminates upon date of sale or transfer of ownership or close of the provider agency.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.17)

N.H. Code Admin. R. Ann. He-C 6344.14 Billing Process for Community-Based Behavioral Health Services {#sec-he-c-6344.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.14}

(a) All providers shall bill all third party sources of reimbursement, including private health insurance and Medicaid and Medicaid MCO, prior to billing DCYF.

(b) All providers shall bill the NH Medicaid fiscal agent or Medicaid MCO for Medicaid eligible recipients following the processes outlined by the NH Medicaid fiscal agent.

(c) The provider shall request and obtain from DCYF a service authorization form for services not billable to Medicaid, Medicaid MCO or private insurance prior to service delivery.

(d) A provider shall bill the DCYF through NH Bridges for non-Medicaid eligible recipients either via paper claims or electronic claims submission.

(e) For paper claim submissions, a provider shall copy the service authorization form for future billings, if the authorized service dates span a date range.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.18)

N.H. Code Admin. R. Ann. He-C 6344.15 Billing Period {#sec-he-c-6344.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.15}

(a) A provider shall bill within one year of the date of provision of a service.

(b) Bills received after one year from the date of service shall be denied pursuant to RSA 126-A:3.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.19)

N.H. Code Admin. R. Ann. He-C 6344.16 Billing Discrepancies {#sec-he-c-6344.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.16}

Questions regarding billing discrepancies billed via NH Bridges shall be directed to the provider relations’ staff of the bureau of administrative operations in DCYF. All other questions shall be directed to either Medicaid or the private insurance company.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.20)

N.H. Code Admin. R. Ann. He-C 6344.17 Record-Keeping and Record Retention {#sec-he-c-6344.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.17}

(a) Records shall be retained for a period of no less than 7 years after the completion date of a provided service for each bill submitted to the department, the Medicaid fiscal agent or a private insurance company.

(b) The provider shall keep records as are necessary to comply with RSA 170-E: 42, when applicable, and to comply with DCYF record-keeping requirements in He-C 6344.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.21)

N.H. Code Admin. R. Ann. He-C 6344.18 Monitoring and Quality Assurance Activities for Private Behavioral Health Providers {#sec-he-c-6344.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.18}

(a) Private providers shall participate in quality assurance activities conducted by DCYF using a variety of activities that may include a combination of record reviews, performance data measurements and visits to the provider.

(b) Private providers shall allow DCYF, to conduct quality assurance reviews which shall include:

(1) Interviewing the private provider;

(2) Interviewing children and families served;

(3) Reviewing provider documents, to include:

a. The evidence-informed treatment modalities used;

b. The treatment outcomes achieved and the length of time in treatment; and

c. The providers treatment plan to assure that it agrees with the DCYF case plan; and

(4) Examining case records to determine continued compliance with He-C 6344.

(c) Private providers shall ensure that clinical records, including all progress reports, are available for inspection and review by DCYF.

(d) Private providers shall be monitored and evaluated by DCYF through a variety of activities including:

(1) Monthly queries of data that is stored on NH Bridges case management system and the Medicaid management information system;

(2) Reviews of case record information; and

(3) Satisfaction surveys from stakeholders, such as families, CPSW and JPPOs.

(e) Private providers shall be notified of any problems that are noted on the DCYF staff surveys that include:

(1) Negative responses concerning quality and timeliness of service provision; and

(2) Written comments about private provider performance.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.22)

N.H. Code Admin. R. Ann. He-C 6344.19 Service Limitations {#sec-he-c-6344.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.19}

(a) Medicaid recipients shall be subject to the service limits described in He-W 530.

(b) Non-Medicaid recipients shall be limited to 12 visits per year.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.25)

N.H. Code Admin. R. Ann. He-C 6344.20 Treatment Planning and Progress Reports {#sec-he-c-6344.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.20}

(a) The treatment plan for each child or family receiving services shall include input from the individuals described in (b) below.

(b) The following individuals shall be included on the treatment team:

(1) The child, if age and developmentally appropriate;

(2) The child’s parents;

(3) The CPSW or JPPO, or both;

(4) The prescribing practitioner;

(5) School district personnel; and

(6) Unless otherwise ordered by the court, other persons as requested by the child and family, including:

a. Teachers;

b. Counselors;

c. Friends;

d. Relatives; and

e. Advocates assigned by the court.

(c) The initial clinical treatment plan shall be written within 30 days of intake approval for extension and reviewed quarterly thereafter and shall include:

(1) The findings of the provider’s assessment;

(2) An estimate by the treatment team members of the length of service to be provided to the child and family, based upon referral information and the provider’s assessment;

(3) The child’s permanency plan, as identified by the CPSW or JPPO:

(4) A concurrent plan as an alternative to the child’s permanent plan as identified by the CPSW or JPPO; and

(5) The goals and objectives for the child and family that shall address one or more of the following domains identified in the plan:

a. Safety and behavior;

b. Emotional well-being;

c. Interpersonal relationships;

d. Family community connections;

e. Physical health;

f. Mental health;

g. Education; and

h. Independent living skills training, if applicable.

(d) Each domain identified in (c)(5) above shall address:

(1) The specific goals and objectives to be achieved by the child and family;

(2) The timeframes for completion of goals and objectives;

(3) An identification of:

a. The behavioral health services to be provided directly to the child and family,

b. The frequency and duration of services, and

c. Any measures for ensuring their integration with the child’s activities, including identifying how the child’s family, relative family or foster family will participate in their treatment; and

(4) An identification of the person responsible for implementing the stated interventions in the treatment plan.

(e) For cases in which reunification is the identified permanency goal, the treatment plan shall include:

(1) A community reintegration and transition plan identifying the behavioral health supports for the child to return to his or her community; and

(2) The transfer of behavioral health services to the appropriate certified providers in the child’s community of origin, if necessary.

(f) The provider’s treatment plan shall be signed and dated by the provider and the following team members, indicating they participated in the process:

(1) The CPSW, JPPO, or both;

(2) The prescribing practitioner;

(3) The child, when age and developmentally appropriate; and

(4) The child’s parent(s) or guardian.

(g) Treatment plan revisions shall be explained in writing to all team members.

(h) The treatment plan and any revisions shall be filed in the child’s DCYF case file and copies sent to:

(1) The CPSW, JPPO, or both;

(2) The child’s parent(s) or guardian;

(3) The prescribing practitioner; and

(4) The foster or placement provider, if participating.

(i) Once the treatment plan is completed, the provider shall receive supervision by the prescribing practitioner.

(j) Each provider shall provide reports to DCYF, as follows:

(1) Progress reports every month;

(2) Any reports required by the court pursuant to RSA 169-B:5-a, RSA 169-C:12-b and 169-D:4-a; and

(3) Service termination reports, which shall be sent the CPSW or JPPO no later than 10 days following termination.

(k) The progress reports shall clearly and accurately reflect the child and family’s progress regarding measurable treatment plan goals and objectives.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.26)

N.H. Code Admin. R. Ann. He-C 6344.21 Service Limitations Extensions {#sec-he-c-6344.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.21}

(a) Medicaid recipients shall be subject to the service limits described in He-W 530.

(b) Non-Medicaid recipients shall be limited to 12 visits per year.

(c) The provider’s requests to extend the service limit shall be made in writing 30 days prior to the expiration of benefits.

(d) Written request made pursuant to (c) above shall be submitted to the CPSW and JPPO and include the following:

(1) Provider name, address, telephone number, and medicaid provider number;

(2) Recipient name, address, telephone number;

(3) The type of service being requested;

(4) Initial assessment as described in He-C 6344.20 (c);

(5) A copy of the providers treatment plan as described in He-C 6344.20 (c);

(6) Identification of:

a. The progress and measurable outcomes of treatment to date;

b. The prognosis including the likelihood of achieving anticipated outcomes in the future; and

c. The need for any availability of other services; and

(7) The duration of the requested extension.

(e) Extensions shall be time-limited and based on the needs of the child and family.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17

N.H. Code Admin. R. Ann. He-C 6344.22 Waivers {#sec-he-c-6344.22 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.22}

(a) Applicants or providers who request a waiver of a requirement in He-C 6344 shall submit a written request to the commissioner or his or her designee that includes the following information:

(1) The anticipated length of time the requested waiver will be needed;

(2) The reason for requesting the waiver;

(3) Assurance that if the waiver is granted the quality of service and care to children and families will not be affected;

(4) A written plan to achieve compliance with the rule or explaining how the provider will satisfy the intent of the rule, if the waiver is granted; and

(5) How the service will be affected if the waiver is not granted.

(b) A waiver shall be granted if:

(1) The department concludes that authorizing deviation from compliance with the rule from which waiver is sought does not contradict the intent of the rule; and

(2) The alternative proposed ensures that the object or intent of the rule will be accomplished.

(c) When a waiver is approved, the applicant’s or providers subsequent compliance with the alternative approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.27)

N.H. Code Admin. R. Ann. He-C 6344.23 Denial of Application and Revocation of Private Provider Certification {#sec-he-c-6344.23 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.23}

An application for private provider certification shall be denied or certification revoked if:

(a) DCYF determines that the state does not have a need for the service;

(b) The applicant or provider, or the individual acting on the applicant’s or provider’s behalf, submits materially false information to DCYF;

(e) There has been revocation of membership on any hospital, medical, or allied health provider staff;

(f) There has been revocation of provider status with any group or health maintenance organization;

(g) There has been revocation of clinical privileges;

(h) There has been termination of academic appointment by an institution;

(i) There has been cancellation of professional or general liability insurance by the insurance company;

(j) There has been abusive or neglectful treatment of a child as determined by any state statute;

(k) There has been a failure to submit a review form within 30 days; or

(l) There has been failure to comply with He-C 6344.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.28)

N.H. Code Admin. R. Ann. He-C 6344.24 Denial of Application and Revocation of a CMHP Provider Certification {#sec-he-c-6344.24 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.24}

An application for CMHP provider certification shall be denied or certification revoked if:

(a) There has been failure to comply with He-C 6344;

(b) There has been failure to comply with He-M 426; and

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.29)

N.H. Code Admin. R. Ann. He-C 6344.25 Notification of Denial or Revocation {#sec-he-c-6344.25 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.25}

(a) If DCYF denies an application for certification or revokes an existing certification, DCYF shall send notice of the denial or revocation to the applicant or provider by certified mail.

(b) The notice shall:

(1) Inform the applicant or provider of the facts or conduct upon which DCYF bases its action;

(2) Advise the applicant or provider of their right to request reconsideration of DYCF’s decision pursuant to He-C 6344.26; and

(3) Inform an existing provider that the revocation shall not take effect until the provider has had an opportunity through an appeal, pursuant to RSA 170-G:4-a and He-C 6344.27, to show compliance with all lawful requirements for retention of the certification.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.31)

N.H. Code Admin. R. Ann. He-C 6344.26 Request for Certification Reconsideration {#sec-he-c-6344.26 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.26}

(a) A request for certification reconsideration shall:

(1) Be filed within 30 days of the date of receipt of the letter sent by DCYF;

(2) Be submitted in writing; and

(3) Be filed with the director of DCYF.

(b) The DCYF director shall uphold or overturn the request pursuant to He-C 6344.07.

(d) The applicant or provider may appeal the DCYF director’s decision pursuant to He-C 6344.27.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.32)

N.H. Code Admin. R. Ann. He-C 6344.27 Appeals {#sec-he-c-6344.27 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6344.27}

(a) Applicants or providers who wish to appeal DCYF’s decision to deny an application or revoke a certification shall file an appeal pursuant to RSA 170-G:4-a with the commissioner.

(b) The appeal shall:

(1) Be made in writing;

(2) Be signed and dated;

(3) State the reasons for the appeal pursuant to RSA 170-G:4-a; and

(4) Be filed within 14 working days of the date of receipt of written notification pursuant to RSA 170-G:4-a.

(c) The appeal shall be heard pursuant to RSA 170-G:4-a and He-C 200 by the commissioner or designee and 2 members of the DCYF advisory board.

History

(See Revision Note at part heading for He-C 6344) #9311, eff 11-5-08; ss by #12206, eff 6-10-17 (from He-C 6344.33)

Part He-C 6346 Certification for Payment Standards for Recreation Service Providers

N.H. Code Admin. R. Ann. He-C 6346.01 General Program Administration {#sec-he-c-6346.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6346.01}

– He-C 6346.19

History

(See Revision Note at part heading for He-C 6346) #9312, eff 11-5-08, EXPIRED: 11-5-16

Part He-C 6347 Certification for Payment Standards for Foster Care Service Credentials

N.H. Code Admin. R. Ann. He-C 6347.01 Purpose {#sec-he-c-6347.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.01}

The purpose of this part is to identify the qualifications and procedures to become credentialed to provide specific foster family care services for the division for children, youth and families (DCYF).

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20

N.H. Code Admin. R. Ann. He-C 6347.02 Scope {#sec-he-c-6347.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.02}

This part shall apply to foster parents who receive stipends twice per month based on a daily rate per age of the child from the department of health and human services (DHHS) based on credentials for foster family care services provided to children.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20

N.H. Code Admin. R. Ann. He-C 6347.03 Definitions {#sec-he-c-6347.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.03}

(a) “Adolescent care ” means a category of foster family care where the care of adolescents, age 14-21 years with specialized needs, provided by foster parents that have been recruited, selected, and trained to serve this specialized population.

(b) “Agency” means a child-placing agency or a child care institution, pursuant to RSA 170-E.

(c) “Assessment Care” means a category of foster family care where during the initial placement of a child in care, the foster parent will support an evaluation of the child and birth family’s placement and treatment needs for a period of 60 days.

(d) “Case plan” means the DCYF written plan for the child and the family which outlines how services will be provided, pursuant to RSA 170-G: 4 III, 42 U.S.C. 671,), and 42 U.S.C. 675.

(e) “Certification” means the approval of payment by DCYF to a foster parent for the category of care for which the foster parent has a credential.

(f) “Child” means:

(1) “Child” as defined in RSA 170-E:25, I, namely “any person under 21 years of age.” The term includes “youth”; or

(2) For the purposes of compliance with RSA 126-U, “child” as defined in RSA 126-U:1, I, namely, “a person who has not reached the age of 18 years and who is not under adult criminal prosecution or sentence of actual incarceration resulting therefrom, either due to having reached the age of 17 years or due to the completion of proceedings for transfer to the adult criminal justice system under RSA 169-B:24, RSA 169-B:25, or RSA 169-B:26. ‘Child’ also includes a person in actual attendance at a school who is less than 22 years of age and who has not received a high school diploma.” The term includes “youth.”

(g) “Child protective service worker (CPSW)” means an employee of DCYF who has expertise in managing cases to ensure families and children achieve safety, permanency, and well-being referred to the department pursuant to RSA 169-C, RSA 170-B, RSA 170-C, and RSA 463.

(h) “Commissioner” means the commissioner of the department of health and human services or his or her designee.

(i) “Credential” means the approval to provide a category of foster family care including general care, emergency care, crisis care, assessment care, adolescent care, respite care, specialized care, or supplemental care.

(j) “Crisis care” means a category of foster family care accessible for court-ordered placement outside of DCYF’s normal operating hours for a period not to exceed 5 calendar days.

(k) “Department (DHHS)” means the New Hampshire department of health and human services.

(l) “Division for children, youth and families (DCYF)” means the organizational unit of DHHS that provides services to children and youth referred by courts pursuant to RSA 169-A, RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, RSA 170-H, and RSA 463.

(m) “Emergency care” means a category of foster family care where an unplanned placement is made in a foster family home and services are provided to a child in care for a period not to exceed 10 calendar days.

(n) “Foster parent” means an individual who has a license or permit for foster family care. This includes the term “provider”.

(o) “General care” means a credential for foster family care where shelter, supervision, and support services are provided.

(p) “Juvenile probation and parole officer (JPPO)” means an employee of DCYF who exercises the powers and duties established by RSA 170-G:16, and supervises paroled delinquents pursuant to RSA 170-H.

(q) “Parent” means “parent” as defined in RSA 169-C:3, XXI, namely, “‘mother’, ‘father’, ‘adoptive parent”, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment”.

(r) “Primary caring adult” means an adult other than a child’s parent who the child chooses and the court appoints to make a lifelong commitment to be the child’s primary source of guidance and encouragement, and understands the child’s current and future needs.

(s) “Quality assurance” means the process that DCYF uses to monitor the quality and effectiveness of foster family care services.

(t) “Respite care” means a category of foster family care where substitute care is provided by a licensed foster parent who provides temporary overnight relief of child care responsibilities for the parent or for the substitute care provider for children in foster family care programs.

(u) “Specialized care” means a category of foster family care where shelter, supervision, and support services are provided to children identified as needing specialized care, by foster parents who have met the additional training and care requirements.

(v) “Supplemental care” means a category of foster family care where daily stipends are made, based on the intensity of care and services provided by foster parents for a specific child residing in foster family care who requires more than general care or specialized care.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; amd by #9514, eff 7-18-09; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20

N.H. Code Admin. R. Ann. He-C 6347.04 Compliance Requirements {#sec-he-c-6347.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.04}

(a) The foster parent shall comply with:

(1) All licensing requirements per He-C 6446; and

(2) The requirements of He-C 6347 as applicable to the type of foster family care credential the foster parent has obtained or is seeking.

(b) Failure to comply with He-C 6347 shall result in:

(1) Denial of a credential pursuant to He-C 6347.23;

(2) Termination of certified credential pursuant to He-C 6347.23; or

(3) Denial of reimbursement.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20

N.H. Code Admin. R. Ann. He-C 6347.05 Categories of Foster Family Care Requiring a Credential {#sec-he-c-6347.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.05}

(a) A separate foster family credential shall be required for the following categories of foster family care:

(1) General care;

(2) Respite care;

(3) Specialized care;

(4) Emergency care;

(5) Crisis care;

(6) Assessment care;

(7) Adolescent care; and

(8) Supplemental care.

(b) Foster family care providers may provide additional foster care services through a child-placing agency as identified in He-C 6355, including individual service option, therapeutic, and staffed foster care.

(c) All individuals licensed pursuant to He-C 6446 shall have the credential to provide general foster family care and respite care in order to be reimbursed for the established rate in He-C 6423 for that care.

(d) Any individual licensed pursuant to He-C 6446 shall request certification for reimbursement at the established rate in He-C 6423 for emergency care provided that the individual has a credential and is in compliance with He-C 6347.08.

(e) Any individual licensed pursuant to He-C 6446 shall request certification for reimbursement at the established rate in He-C 6423 for crisis care provided that the individual has a credential and is in compliance with He-C 6347.09.

(f) Any individual licensed pursuant to He-C 6446 shall request certification for reimbursement at the established rate in He-C 6423 for assessment care provided that the individual has a credential and is in compliance with He-C 6347.10.

(g) Any individual licensed pursuant to He-C 6446 shall request certification for reimbursement at the established rate in He-C 6423 for adolescent care provided that the individual has a credential and is in compliance with He-C 6347.11.

(h) Any individual licensed pursuant to He-C 6446 shall request certification for reimbursement at the established rate in He-C 6423 for specialized care provided that the individual has a credential and is in compliance with He-C 6347.07.

(i) Foster parents shall be certified for supplemental care based on the actual costs for a specific child in compliance with He-C 6347.12.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20

N.H. Code Admin. R. Ann. He-C 6347.06 Utilizing Respite Care Credentials {#sec-he-c-6347.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.06}

(a) A foster parent shall provide respite care to children who are:

(1) Living with parents or other relatives; or

(2) In out-of-home care settings.

(b) Respite care shall be provided in order to:

(1) Provide temporary overnight relief to parents, relatives, or foster parents;

(2) Allow other foster parents to attend an overnight training or conference;

(3) Allow other foster parents to take a vacation, if the child is unable to accompany the family;

(4) Prevent placement disruption of a child; or

(5) Provide a temporary foster family care setting to a child who is placed in a residential treatment program, in accordance with the child’s case plan.

(c) A foster parent providing respite care shall not be eligible for reimbursement for respite care unless prior approval was granted or supported in the child’s case plan by a DCYF administrator when:

(1) A child has already received the maximum of 14 days of respite care service per state fiscal year; or

(2) Respite care has been provided for more than 3 consecutive days.

(d) A foster parent providing respite care shall involve the caregiver and the child, if age and developmentally appropriate, in planning and making arrangements for the care of the child during respite care, including:

(1) Visits and contacts;

(2) Medical information and authorization;

(3) Work and emergency telephone numbers; and

(4) Beginning and ending dates and times of respite care.

(e) When a child is in an out-of-home setting, both the out-of-home provider and the foster parent providing respite care shall be eligible to receive reimbursement for the care of the child for the days in which the child receives respite care, with the exception of foster care programs under He-C 6355 which include respite care as a part of the foster care service requirements.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; rpld by #9514, eff 7-18-09
#12134, eff 3-18-17; ss by #13055, eff 6-16-20

N.H. Code Admin. R. Ann. He-C 6347.07 Requirements for Specialized Care Credential {#sec-he-c-6347.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.07}

(a) In addition to being in compliance with He-C 6446, a foster parent seeking a specialized care credential shall:

(1) Have at least one year of experience as a foster parent;

(2) Provide one written reference from a professional, such as a currently licensed foster parent, physician, therapist, or teacher who has personal knowledge of the foster parent’s ability to observe and assess children’s behavior;

(3) Provide one written reference from a CPSW or a JPPO who is familiar with the foster parent’s experience with children in foster care;

(4) Attend 21 hours of DCYF-approved training for specialized care, which includes topics relating to:

a. Introduction to specialized care that includes the following topics:

Foster care as a family support service;
The role of the foster parent in case assessment and planning;
How to clearly describe the behaviors of children; and
The importance of establishing case objectives and action steps to achieve those objectives;

b. Behavior management;

c. Handling sexualized behaviors;

d. Caring for children with developmental disabilities;

e. Caring for children with emotional disabilities; and

f. Working with the primary families to encourage the family members to remain active participants in the life of the child; and

(5) Have sufficient experience and education, as demonstrated through compliance with He-C 6446.16 through He-C 6446.19 to care for a child with special needs.

(b) A foster parent providing specialized care shall complete a minimum of 24 hours of in-service training during the 2 year licensing period pursuant to He-C 6446.14(k), 12 hours of which shall be related to the special needs of the child in care or as approved by the DCYF to enable the foster parent to strengthen or develop competencies to meet the needs of child(ren) in care.

(1) Keep and maintain detailed records on each child in care, including:

a. A detailed description of the placement:

b. A description of the visits between the family with the child in care and the CPSW or JPPO; and

c. A description of other appointments kept by the child in care; and

(2) By the 15th of each month, complete and submit to the CPSW or JPPO a monthly report including the following about the child in care:

a. The name and birth date of the child:

b. The date of placement of the child in the foster home;

c. The name of the child’s CPSW or JPPO;

d. Observations of the child’s behavior and attitudes, any incidents requiring restraint or seclusion reportable under RSA 126-U:7-a, and relationship with members of the foster family;

e. Health care information;

f. Involvement with psychotherapy or counseling;

g. School attendance and performance;

h. Court action during the month; and

i. Any other information related to the health, safety, or educational progress of the child, including indications of improvement and areas of concern.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20 (formerly He-C 6347.07)

N.H. Code Admin. R. Ann. He-C 6347.08 Requirements for Emergency Care Credential {#sec-he-c-6347.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.08}

(a) In addition to being in compliance with He-C 6446, a foster parent seeking an emergency care credential shall attend in its entirety 6 hours of DCYF-approved training associated with emergency care that includes information on how to assist children through traumatic separation from their family while learning how to manage anger and transition.

(b) A foster parent providing emergency care shall complete and submit to the CPSW or JPPO a written report within 15 days of the departure of the child in emergency care from the foster home that includes but is not limited to the following:

(1) A detailed description of the placement;

(2) A description of the visits between the family with the child in care and the CPSW or JPPO;

(3) A description of other appointments attended by the child in care;

(4) Observations of the behavior and attitude of the child in care including any incidents requiring restraint or seclusion reportable under RSA 126-U:7-a; and

(5) Other information about the child that would be helpful to the case manager for the purposes of case planning.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20

N.H. Code Admin. R. Ann. He-C 6347.09 Requirements for Crisis Care Credential {#sec-he-c-6347.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.09}

A foster parent providing emergency care pursuant to He-C 6347.08 shall be invited to provide crisis care via a recommendation from a DCYF staff member or a child-placing agency staff member responsible for licensing foster care providers.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20

N.H. Code Admin. R. Ann. He-C 6347.10 Requirements for Assessment Care Credential {#sec-he-c-6347.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.10}

(a) In addition to being in compliance with He-C 6446, a foster parent seeking an assessment care credential shall:

(1) Have at least one year of experience as a foster parent;

(3) Provide one written reference from a CPSW or a JPPO who is familiar with the foster parent’s experience with providing foster care, to include a description of the foster parent’s knowledge of the NH foster care system, other substitute care options, and services and resources available in the foster parent’s community; and

(4) Complete 6 hours of DCYF approved training related to assessment care, including information on:

a. Observing and assessing children’s behavior;

b. Record keeping; and

c. The foster parent’s role in case planning.

(b) A foster parent providing assessment care shall complete a minimum of 24 hours of in-service training during the 2-year licensing period, pursuant to He-C 6446.14(k), 16 hours of which shall be related to the development of skill and competency to assess the behavior of children in care or as approved by the licensing agency to enable the foster parent to strengthen or develop competencies to meet the needs of child(ren) in care.

(c) A foster parent providing assessment care shall provide enhanced support for the evaluation of a child placed in their home by:

(1) Providing transportation for the child to appointments and visits to meet his or her case plan goals for permanency and well-being; and

(2) Attending:

a. Scheduled monthly meetings with DCYF staff and the child in the home; and

b. Treatment team meetings, school meetings, including Individualized Education Program (IEP) meetings, family assessment and inclusive reunification review meetings, and court reviews.

(d) A foster parent providing assessment care shall keep and maintain detailed records on each child in care, which includes documentation of the following:

(1) All work with the family of the child in care to maintain communication and to gather data for court reports and the case plan;

(2) All appointments and collateral contacts of the child in care;

(3) Daily observation of the behavior patterns and episodes of the child in care, including any incidents requiring restraint or seclusion reportable under RSA 126-U:7-a;

(4) At least one foster parent providing full-time, 24 hours per day of supervision of the child; and

(5) The foster parent’s attendance of the licensing agency’s case planning meetings concerning the child.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20

N.H. Code Admin. R. Ann. He-C 6347.11 Requirements for Adolescent Care Credential {#sec-he-c-6347.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.11}

(a) In addition to being in compliance with He-C 6446, a foster parent seeking an adolescent care credential shall:

(1) Have at least one year of experience as a foster parent;

(3) Provide one written reference from a CPSW or a JPPO who is familiar with the foster parent’s experience and knowledge of working with adolescent children in foster care; and

(4) Complete 22 hours of DCYF-approved pre-service training related to adolescent care, including information on:

a. Introduction to being an adolescent foster home;

b. Caring for adolescents;

c . Understanding adolescent development and attachment; and

d. The foster parent’s role in future planning and preparing youth for adulthood.

(b) A foster parent providing adolescent care shall complete a minimum of 24 hours of in-service training during the 2year licensing period, 12 hours of which shall focus on enabling the foster parent to strengthen or develop competencies to meet the needs of the youth in their care.

(1) Providing modeling and instruction to the youth on adult living preparation including:

a. The development of life skills;

b. The process to identify and access resources;

c. Assisting the youth in gaining employment and volunteer opportunities;

d. Assisting the youth in applying to college or a career training program and with other aftercare planning as needed;

e. Supporting the youth participating in extracurricular activities and opportunities for the DCYF’s adolescent program sponsored activities; and

f. Assisting the youth with transition and post care planning at least 6 months before the youth will leave foster care;

(2) Implementing the adult living preparation process in consultation with the CPSW or JPPO and the youth by:

a. Completing the DHHS curriculum for preparing youth for adulthood with the youth; and

b. Developing an adult living preparation plan with the youth by completing and submitting the “Adult Living Preparation Plan” Form 1695 (January 2015 edition), signed by both the provider and the youth;

(3) Ensuring that the youth has opportunities and supports to meet his or her case plan goals for permanency, including but not limited to:

a. The opportunity to make positive connections with family, friends, and community members including a commitment to a long-term relationship and connection to the youth beyond the DCYF closure of the youth’s case or when the youth attains the age of 18 years or 21 years if jurisdiction is extended pursuant to RSA 170-E:53; and

b. Collaborating with the CPSW or JPPO and the court in identifying a primary caring adult for the youth, if the court-ordered permanency goal is another planned permanency living arrangement, in compliance with the New Hampshire circuit court’s “Protocols Relative to RSA 169-C Post- Permanency Hearings for Older Youth with a Permanency Plan of Another Planned Permanent Living Arrangement (APPLA)” available at https://www.courts.state.nh.us/fdpp/Protocols-Relative-to-RSA-169-C.pdf;

(4) Supporting the foster children’s bill of rights as set forth in RSA 170-G:21 by signing and submitting to DCYF Form 1960 “Bill of Rights for New Hampshire Youth in Care” (August 2015 edition);

(5) Providing care and supervision for no more than 2 youths who require adolescent foster care services at any one time; and

(6) Participating in planning for the youth in care by attending:

a. Scheduled monthly meetings with DCYF staff and the youth in the home;

b. Treatment team meetings, school meetings, including individualized education program meetings, family assessment and inclusive reunification review meetings, and court reviews; and

c. The youth’s 90 day transition meeting as requested by the youth.

(d) DCYF with the assistance of the youth and the foster parent providing adolescent care shall complete the documentation for the adult living preparation plan as follows:

(1) The “Needs Assessment for Adult Living,” Form 1690 (January 2015) within 30 days of placement. The completed, dated, and signed form shall be dated and signed by the youth and the youth’s CPSW or JPPO;

(2) A life skills assessment provided by DCYF within 30 days of placement;

(3) A career assessment provided by DCYF, within 60 days of placement;

(4) The “Adult Living Preparation Plan,” Form 1695 (January 2015), submitted within 60 days of placement and updated annually thereafter, which shall incorporate the results of the career assessment in (3) above and any follow-up tasks to be completed by the youth or member of the treatment team. The completed form shall be signed and dated by the youth and the foster parent; and

(5) The “Post Care Plan” Form 1984 (June 2020), 30 days prior to the youth’s 18th birthday, or within 30 days of the youth’s planned discharge if the youth will not discharge upon the youth’s 18th birthday. The completed form shall be signed and dated by the youth, the youth’s CPSW or JPPO, and any other individual who has reviewed the form such as the parent and placement provider.

(e) If acting as the current placement provider, a foster parent providing adolescent care shall complete necessary documentation as follows:

(1) Track daily living skill acquisition, and school and employment attendance;

(2) By the 10th of each month, complete and submit to the CPSW or JPPO a written monthly report on the progress of the youth towards the goals established in the “Adult Living Preparation Plan,” Form 1695 (January 2015); and

(3) For each calendar month, complete a Form 1969 “Monthly National Youth in Transition Database (NYTD) Checklist” (June 2020) and submit to the CPSW or JPPO, documenting support provided for the NYTD categories as follows:

a. Academic support;

b. Budget and financial management;

c. Career preparation;

d. Employment programs and vocational training;

e. Family support and healthy marriage education;

f. Health education and risk prevention;

g. Housing education and home management;

h. Mentoring; and

i. Post-secondary educational support.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20 (formerly He-C 6347.07)

N.H. Code Admin. R. Ann. He-C 6347.12 Requirements for Supplemental Foster Care Credential {#sec-he-c-6347.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.12}

(a) A foster parent who is in compliance with He-C 6446 shall be provided the supplemental care credential for a child already in his or her care, when it is demonstrated that the child’s behaviors, conditions, and needs require a level of care that exceeds general care or specialized care.

(b) The areas shall be related to the child’s assessed behaviors, conditions, and needs, and to the resources that the foster parent shall be required to bring to the care of the child in placement, in accordance with his or her case plan.

(c) In order to qualify for supplemental care reimbursement, the assessed child behaviors, conditions, and needs shall include a gap in at least one of the following criteria:

(1) Behavior towards self, others, and animals, and role performance which includes but is not limited to an assessment of:

a. The child’s overt, daily actions toward self and others;

b. The child’s age and developmental stage; and

c. The type and degree of trauma experienced by the child;

(2) Medical, psychological, and developmental complicating condition which includes an assessment of the child’s physical, emotional, and psychological well-being;

(3) Caregiver resources, including an assessment of the knowledge, skills, and abilities of the foster parent to meet the needs of the child;

(4) The extent of required visitation between the child, parent, or others to achieve reunification or another permanency goal; or

(5) Accessible community resources.

(d) The daily stipend to a foster parent certified for reimbursement for supplemental care shall be directly related to the estimated out-of-pocket costs to the foster parent in order to meet the needs of the child or expectations of the case.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20 (formerly He-C 6347.08)

N.H. Code Admin. R. Ann. He-C 6347.13 Certification Process For Foster Family Care Credentials {#sec-he-c-6347.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.13}

(a) All foster parents shall be licensed pursuant to He-C 6446 prior to seeking certification for reimbursement to provide a category of foster family care.

(b) Foster parents shall contact a DCYF resource worker or designee and request to be certified after completing the prerequisite training requirements.

(c) If a foster parent’s license is managed by a child-placing agency other than DCYF, the agency shall contact the foster care manager with the request to be certified on behalf of the foster parent who has completed the prerequisite training requirements.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20 (formerly He-C 6347.09)

N.H. Code Admin. R. Ann. He-C 6347.14 Length of Certification {#sec-he-c-6347.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.14}

Certification for reimbursement to provide a category of care shall expire at the same time as the existing foster care license expiration, unless the license and credential are renewed pursuant to He-C 6446.15 and He-C 6347.15 respectively.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20 (formerly He-C 6347.10)

N.H. Code Admin. R. Ann. He-C 6347.15 Renewal of Certification {#sec-he-c-6347.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.15}

(a) Pursuant to RSA 170-E:32, a foster parent shall file for renewal of the foster care license 3 months prior to the expiration date of the foster family care license.

(b) The foster parent shall renew his or her foster family care license pursuant to He-C 6446.15 and verify ongoing training requirements for continued certification for reimbursement to provide a category of foster family care.

(c) Based on qualifications and performance that conforms to He-C 6347 and He-C 6446, the foster parent’s license and foster family care credential shall be renewed.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20 (formerly He-C 6347.11)

N.H. Code Admin. R. Ann. He-C 6347.16 Notification of Changes {#sec-he-c-6347.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.16}

For the period of certification, the foster parent shall notify DCYF in writing of any changes, pursuant to He-C 6446.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20 (formerly He-C 6347.12)

N.H. Code Admin. R. Ann. He-C 6347.17 Billing Requirements for Foster Care Services {#sec-he-c-6347.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.17}

(a) Foster parents shall be certified with the foster family care credential prior to billing for the provision of a credentialed service.

(b) The foster parent shall not bill DCYF for services that are to be reimbursed by any other entity.

(d) DCYF shall determine the necessity of care and services and the determination shall be binding on the foster parent.

(e) The foster parent shall notify DCYF of any changes in tax information and complete and submit to DCYF a signed “State of New Hampshire Alternate W-9” Form (October 2016) with current tax information. When completing this form the foster parent shall be considered a service provider or other provider when choosing his or her principle activity.

(f) The foster parent shall provide services or care without discrimination as required by Title VI of the Civil Rights Act of 1964, as amended, and without discrimination on the basis of handicap as required by Section 504 of the Rehabilitation Act of 1973, as amended.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20 (formerly He-C 6347.13)

N.H. Code Admin. R. Ann. He-C 6347.18 Billing Process for Foster Care Services {#sec-he-c-6347.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.18}

(a) DHHS shall issue reimbursements to foster parents for general care, specialized care, assessment care, or adolescent care services provided to a child at the rate established in He-C 6423.

(b) DCYF shall issue board and care invoices to foster parents to submit to DHHS for reimbursement of emergency care and crisis care services provided to a child.

(c) Prior to service delivery for respite care or supplemental care, a foster parent shall obtain a “Service Authorization” Form 2110 (June 2008 edition) from the CPSW or JPPO.

(d) Respite care and supplemental care services shall not be paid unless DHHS receives a signed and dated “Service Authorization” Form 2110 (June 2008 edition) from the foster parent.

(e) When requesting a stipend for respite care or supplemental care services, a foster parent shall:

(1) Copy the “Service Authorization” Form 2110 (June 2008 edition) for future billing, if the authorized service dates span a date range; and

(2) Forward the completed and signed “Service Authorization” Form 2110 (June 2008 edition) to DHHS.

(f) The handwritten signature in (e)(2) above shall be submitted to DHHS and shall certify that the foster parent agrees:

(1) The billing was completed in accordance with this section;

(2) The invoice includes only the days and overnights for which services were provided;

(3) The billing is true and accurate; and

(4) Any payment made for inaccurate or fraudulent billing will be recovered by DHHS.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20 (formerly He-C 6347.14)

N.H. Code Admin. R. Ann. He-C 6347.19 Billing Period {#sec-he-c-6347.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.19}

(a) A foster parent shall bill within one year of service provision.

(b) Any bill received for payment one year after service date shall be denied pursuant to RSA 126-A:3.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20 (formerly He-C 6347.15)

N.H. Code Admin. R. Ann. He-C 6347.20 Billing Discrepancies {#sec-he-c-6347.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.20}

Foster parents who have a billing discrepancy shall contact the provider relations’ staff of DHHS’s office of finance for assistance by:

(a) Email at provider.relations@dhhs.state.nh.us;

(b) Telephone at (800) 852-3345, ext. 4954 or (603) 271-4954; or

DCYF-Provider Relations

The Department of Health and Human Services

129 Pleasant Street

Concord, NH 03301.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20 (formerly He-C 6347.16)

N.H. Code Admin. R. Ann. He-C 6347.21 Quality Assurance Activities {#sec-he-c-6347.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.21}

(a) The foster parent shall submit to a biennial review to determine the quality of services pursuant to RSA 170-G:4 XVIII which includes, but is not limited to:

(1) The foster parents continued compliance with He-C 6446 and He-C 6347;

(2) Services provided to the child;

(3) The outcomes achieved for the child in care;

(4) Progress towards the child’s permanency goals;

(5) An interview with foster parents; and

(6) An interview with the child in care, if age appropriate.

(b) The biennial review described in (a) above shall coincide with the renewal date of the foster parent’s foster family care license.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20 (formerly He-C 6347.17)

N.H. Code Admin. R. Ann. He-C 6347.22 Waivers {#sec-he-c-6347.22 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.22}

(a) Foster parents who request a waiver of the requirement in He-C 6347 shall submit a written request to the commissioner of the department of health and human services or his or her designee, which includes the following:

(1) The reason for requesting the waiver of the requirement in a specific credential;

(2) The anticipated length of time the requested waiver will be needed;

(3) Assurance that if the waiver is granted the quality of service and care to children, youth, and families will not be affected;

(4) A written plan to achieve compliance with the rule or explaining how the foster parent will satisfy the intent of the rule if the waiver is granted;

(5) The number and ages of children who will be affected by the requested waiver; and

(6) The signature of the person requesting the waiver.

(b) A CPSW or JPPO shall request a waiver on behalf of a foster family if a specific credential is needed to adequately provide for the needs and circumstances of a specific child or sibling group.

(c) Request for a waiver of any of the provisions of RSA 170-E, or any other rules referred to in this part or of any other state agencies, shall not be permitted.

(d) Request for a waiver shall be denied when:

(1) The request does not comply with (a) above;

(2) The department finds that approval of the requested waiver will jeopardize the health or safety of the child(ren) in care;

(3) The department finds that approval of the requested waiver will impair the foster parent’s ability to adequately care for the child(ren) in care; or

(4) The department finds that the written plan described in (a)(4) above does not satisfy the intent of the rule as an alternative to complying with the rule.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17 (formerly He-C 6347.23) ; ss by #13055, eff 6-16-20 (formerly He-C 6347.18)

N.H. Code Admin. R. Ann. He-C 6347.23 Denial or Termination of Credential Certification {#sec-he-c-6347.23 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.23}

A request for certification for reimbursement for a category of care for which the foster parent has an initial or renewed credential shall be denied, or certification terminated, if:

(a) The foster parent is no longer licensed pursuant to He-C 6446;

(b) The foster parent or the individual acting on the foster parent’s behalf, submits materially false information to DCYF; or

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20) (formerly He-C 2347.19)

N.H. Code Admin. R. Ann. He-C 6347.24 Notification of Denial or Termination {#sec-he-c-6347.24 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.24}

(a) If DCYF denies an application request for certification or terminates an existing foster family care credential, DCYF shall send notice of the denial or termination to the foster parent by certified mail.

(b) The notice shall:

(1) Inform the foster parent of the facts or conduct upon which DCYF bases its action;

(2) Advise the foster parent of their right to request reconsideration of DCYF’s decision through informal dispute resolution pursuant to He-C 6347.25; and

(3) In the case of an existing certification, inform the foster parent that the termination shall not take effect until the foster parent has had an opportunity through an appeal, pursuant to RSA 170-G:4-a and He-C 6347.26, to show compliance with all lawful requirements for retention of the credential.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20 (formerly He-C 6347.20)

N.H. Code Admin. R. Ann. He-C 6347.25 Request for Informal Dispute Resolution {#sec-he-c-6347.25 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.25}

(a) DCYF shall offer an opportunity for informal dispute resolution to any foster parent who disagrees with a denial or termination of a credential, provided that the foster parent submits a written request for an informal dispute resolution:

(1) The informal dispute resolution shall be requested in writing by the foster parent no later than 14 days from the date the notice was issued by DCYF;

(2) DCYF shall review the evidence presented and provide a written notice to the foster parent of its decision; and

(3) An informal dispute resolution shall not be available for any foster parent against whom DCYF has initiated action to revoke a license or deny a renewal license.

(b) The foster parent may appeal DCYF’s decision pursuant to He-C 6347.26.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17; ss by #13055, eff 6-16-20 (formerly He-C 6347.21)

N.H. Code Admin. R. Ann. He-C 6347.26 Appeals {#sec-he-c-6347.26 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6347.26}

(a) Administrative appeals of DHHS decisions to terminate or deny a foster family care credential shall be conducted in accordance with RSA 170-E:37, RSA 541-A, He-C 200, and this section.

(b) Appeal requests shall be filed within 10 days of the date of the notice of action.

(c) Parties to any administrative hearing who are aggrieved by the decision of the departmental hearings officer may request a reconsideration in accordance with He-C 206, or may file an appeal of the decision with the superior court, in accordance with the provisions of RSA 170-E:37.

(d) Parties who are aggrieved by the decision of the hearings officer to deny the request for a reconsideration, or with the hearings officer’s decision after a rehearing has been conducted, may appeal the decision to the superior court, in accordance with the provisions of RSA 170-E:37.

History

(See Revision Note at part heading for He-C 6347) #9266, eff 9-20-08; ss by #11181, INTERIM, eff 9-19-16, EXPIRES: 3-18-17; ss by #12134, eff 3-18-17 (formerly He-C 6347.23); ss by #13055, eff 6-16-20 (formerly He-C 6347.22)

Part He-C 6348 Certification Payment Standards for Health Care and Laboratory Service Providers

N.H. Code Admin. R. Ann. He-C 6348.01 Purpose {#sec-he-c-6348.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6348.01}

The purpose is to identify the qualifications and compliance requirements to become a provider of health care or laboratory services for the division for children, youth and families (DCYF).

History

(See Revision Note at part heading for He-C 6348) #9267, eff 9-20-08; ss by #12127, eff 3-10-17

N.H. Code Admin. R. Ann. He-C 6348.02 Scope {#sec-he-c-6348.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6348.02}

This part shall apply to health care or laboratory service providers who receive financial reimbursement from DCYF for services provided to children and parents involved with DCYF pursuant to a court order.

History

(See Revision Note at part heading for He-C 6348) #9267, eff 9-20-08; ss by #12127, eff 3-10-17

N.H. Code Admin. R. Ann. He-C 6348.03 Definitions {#sec-he-c-6348.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6348.03}

(a) “Agency” means the board of directors, executive director, and employees of an organization that is incorporated and recognized by the NH secretary of state.

(b) “Applicant” means the person or entity that is requesting certification for payment as a health care or laboratory service provider.

(c) “Certification for payment” means the process by which DCYF approves the qualifications of and reimbursement to providers of health care or laboratory services.

(d) “Child” means “child” as defined in RSA 170-E:25, 1 or “child” as defined in RSA 169-C:3 or “child” as defined by RSA 169-D:2.

(e) “Commissioner” means the commissioner of the New Hampshire department of health and human services or designee.

(f) “Court order” means a written decree that is issued by a district, family, superior, probate, or Supreme Court.

(g) “Department (DHHS)” means the department of health and human services of the state of New Hampshire.

(h) “Division for children, youth, and families (DCYF)” means the organizational unit of the department of health and human services that provides services to children and youth referred by courts pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, and RSA 463.

(i) “Health care” means preventive or corrective medical, dental, and psychiatric diagnostic and treatment services provided to Medicaid ineligible children.

(j) “Laboratory” means the testing facility authorized by the State of New Hampshire to screen human specimens for presence of a drug, or drug group, or its metabolites, or other court-ordered laboratory testing that does not qualify for payment by Medicaid.

(k) “NH bridges” means the automated case management, information, tracking, and reimbursement system used by DCYF.

(l) “Parent” means an individual who has a birth, adoptive, or step-parent relationship to a child.

(m) “Provider” means the individual or agency that provides healthcare or laboratory services to a child or parent and receives financial reimbursement from DHHS.

(n) “Service authorization” means the documentation provided by DCYF indicating DHHS’s responsibility for payment of healthcare and laboratory services provided that do not qualify for payment by Medicaid.

History

(See Revision Note at part heading for He-C 6348) #9267, eff 9-20-08; ss by #12127, eff 3-10-17

N.H. Code Admin. R. Ann. He-C 6348.04 Requirements for Provider of Health Care and Laboratory Services Enrollment {#sec-he-c-6348.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6348.04}

(a) DCYF shall authorize payment for preventative or corrective health care services for children ineligible for Medicaid, pursuant to a court order.

(b) DCYF shall authorize payment for Medicaid ineligible laboratory services pursuant to a court order.

(c) Prior to applying for certification, a provider shall be licensed or registered as required by the state licensing entity, and shall maintain compliance with all applicable New Hampshire rules and laws including:

(1) For dentists and dentistry, comply with RSA 317;

(2) For physicians, including psychiatrists and surgeons, comply with RSA 329;

(3) For hospitals and clinics, comply with RSA 151;

(4) For optometrists, comply with RSA 327;

(5) For chiropractors, comply with RSA 316-A;

(6) For pharmacists and pharmacies, comply with RSA 318;

(7) For podiatrists, comply with RSA 315;

(8) For radiologists, comply with RSA 329;

(9) For emergency medical services, comply with RSA 151;

(10) For laboratory testing services providers, comply with RSA 151:2; and

(11) For any other health care providers, comply with their respective New Hampshire law or rule.

(d) Prior to applying for certification, any out of state provider shall be licensed or registered as required by the state licensing entity, and shall maintain compliance with all laws and rules to be authorized to practice in his or her state.

(e) All providers shall comply with:

(1) The confidentiality statutes of RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;

(2) The child abuse and neglect reporting requirements of RSA 169-C:29-30; and

(3) All applicable provisions of the health insurance portability and accountability act (HIPAA).

(f) A provider of health care services shall meet medical assistance requirements of He-W 500 and He-M 426.

(g) The provider and his or her employees and subcontractors shall not have a conflict of interest, as defined in RSA 21-G:21, II.

(h) The provider shall maintain general and professional liability insurance.

(i) Laboratory services shall be provided by a laboratory service which holds a current New Hampshire license pursuant to RSA 151:2. The laboratory service shall subcontract only to a laboratory service provider which has a valid New Hampshire license or is licensed in the state in which it operates.

(j) Failure to comply with the rules of this chapter shall result in:

(1) Denial of an applicant pursuant to He-C 6348.13;

(2) Revocation of certification for payment pursuant to He-C 6348.13; or

(3) Denial of reimbursement.

History

(See Revision Note at part heading for He-C 6348) #9267, eff 9-20-08; ss by #12127, eff 3-10-17

N.H. Code Admin. R. Ann. He-C 6348.05 Application for Payment Process for Providers of Health Care and Laboratory Services {#sec-he-c-6348.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6348.05}

(a) Providers of health care services providing a service to a Medicaid ineligible child pursuant to a court order shall apply for certification for payment from DCYF.

(b) Providers of laboratory services providing a Medicaid ineligible service to a child or parent pursuant to a court order shall apply for certification for payment from DCYF.

(1) A Form 2619 “Application for Certification of Health Care and Laboratory Service Providers”(September 2016 );

(2) An “Alternate W-9 FORM –CIS (10/97)”; and

(3) A copy of He-C 6348.

(d) Applicants shall return a signed and dated Form 2619 “Application for Certification of Health Care and Laboratory Service Providers" (September 2016) to DCYF.

(e) The applicant shall provide a copy of the verification of his or her state regulatory license or authorization to practice.

(f) The applicant’s signature on the application shall constitute an acceptance of the terms below:

(1) The provider has read and understood He-C 6348; and

(2) The information contained in the application is true and correct to the best of the applicant's knowledge; and

(3) That all employees providing services to the child or parent are licensed and authorized to practice by the appropriate licensing entity in the provider’s state.

(g) The applicant shall complete and return the application within 30 calendar days to the DCYF provider relations together with the alternate W-9 and the appropriate verification.

History

(See Revision Note at part heading for He-C 6348) #9267, eff 9-20-08; ss by #12127, eff 3-10-17

N.H. Code Admin. R. Ann. He-C 6348.06 Renewal of Certification and Notification of Changes for Enrolled Providers of Health Care and Laboratory Services {#sec-he-c-6348.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6348.06}

(a) Health care and laboratory providers shall submit to DCYF a current copy of the verification of licensure by the appropriate state licensing board(s) at the time of license renewal.

(b) Providers shall submit a copy of any renewed license verification to DCYF within 10 calendar days of its receipt.

(c) Review of continued certification shall coincide with the date of expiration of the health care or laboratory provider’s license.

(d) For the period of certification, the provider shall notify DCYF in writing within 10 calendar days of any change in the information contained in the application and provide documentation of the change.

History

(See Revision Note at part heading for He-C 6348) #9267, eff 9-20-08; ss by #12127, eff 3-10-17

N.H. Code Admin. R. Ann. He-C 6348.07 Billing Requirements for Providers of Health Care and Laboratory Services {#sec-he-c-6348.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6348.07}

(a) Providers shall be certified as a provider of health care or laboratory services and enrolled on NH bridges.

(b) Provider shall not bill DCYF for services that are to be reimbursed by any other entity.

(d) Providers shall notify DCYF of any changes in tax information and complete and submit to DCYF a signed Alternate W-9 Form –CIS (10/97) with current tax information.

(e) Providers shall provide services or care without discrimination as required by Title VI of the Civil Rights Act of 1964, as amended, and without discrimination on the basis of handicap as required by Section 504 of the Rehabilitation Act of 1973, as amended.

(f) The provider’s certification and enrollment shall terminate upon date of sale or transfer of ownership or close of the agency.

History

(See Revision Note at part heading for He-C 6348) #9267, eff 9-20-08; ss by #12127, eff 3-10-17

N.H. Code Admin. R. Ann. He-C 6348.08 Billing Process for Providers of Health Care and Laboratory Services {#sec-he-c-6348.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6348.08}

(a) A provider shall receive a service authorization form for each time a service is provided.

(b) A provider shall bill the department through NH Bridges for health care services to Medicaid ineligible children and Medicaid ineligible laboratory services via paper claims.

(1) Copy the service authorization for future billings, if the authorized service dates span a date range; and

(2) Forward the completed and signed service authorization to DCYF with an invoice attached.

History

(See Revision Note at part heading for He-C 6348) #9267, eff 9-20-08; ss by #12127, eff 3-10-17

N.H. Code Admin. R. Ann. He-C 6348.09 Billing Period {#sec-he-c-6348.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6348.09}

(a) Providers shall bill within one year of service provision.

(b) Any bill received for payment one year or more after service date shall be denied pursuant to RSA 126-A:3.

History

(See Revision Note at part heading for He-C 6348) #9267, eff 9-20-08; ss by #12127, eff 3-10-17 (from He-C 6348.15)

N.H. Code Admin. R. Ann. He-C 6348.10 Billing Discrepancies {#sec-he-c-6348.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6348.10}

Questions regarding billing discrepancies shall be directed to the provider relations’ staff of the bureau of administrative operations.

History

(See Revision Note at part heading for He-C 6348) #9267, eff 9-20-08; ss by #12127, eff 3-10-17 (from He-C 6348.16)

N.H. Code Admin. R. Ann. He-C 6348.11 Record Retention {#sec-he-c-6348.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6348.11}

(a) A provider shall retain records supporting each bill submitted to DCYF for a period of no less than 7 years after the completion date of services provided.

(b) Records shall clearly document the extent of care and services provided to the children and families, and any information regarding any payment claimed.

History

(See Revision Note at part heading for He-C 6348) #9267, eff 9-20-08; ss by #12127, eff 3-10-17 (from He-C 6348.17)

N.H. Code Admin. R. Ann. He-C 6348.12 Monitoring of Enrolled Providers for Health Care and Laboratory Services {#sec-he-c-6348.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6348.12}

(a) The provider shall allow random or scheduled on-site visits by DCYF, for the purposes of reviewing program documents to determine continued compliance with He-C 6348 regarding the specific child for which the provider is enrolled.

(b) Need for the service shall be reviewed by DCYF, pursuant to RSA 170-G:4 VI and RSA 170-G:4 XVIII.

(c) DCYF shall review communications provided by licensing bodies, regulatory boards, and professional associations for disciplinary actions, or findings of civil liability, professional misconduct, or ethical violation by an enrolled provider.

History

(See Revision Note at part heading for He-C 6348) #9267, eff 9-20-08; ss by #12127, eff 3-10-17

N.H. Code Admin. R. Ann. He-C 6348.13 Denial of Application or Revocation of Certification {#sec-he-c-6348.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6348.13}

An application for certification shall be denied or provider certification revoked if:

(a) DCYF determines that the state does not have a need for the service;

(b) The provider, if enrolled with NH Medicaid, loses Medicaid enrollment;

(c) The applicant or provider, or the individual acting on the applicant’s or provider’s behalf, submits materially false information to DCYF;

(d) There has been a conviction for a felony or any crime against a child that has not been annulled or overturned;

(e) There has been disciplinary action taken by a licensing body or professional society, a finding of civil liability made for professional misconduct, or a finding of an ethical violation made by a state or national professional association or any other state’s regulatory board;

(f) There has been revocation of membership on any hospital, medical, or allied health provider staff;

(g) There has been revocation of provider status with any professional health care or laboratory group or health maintenance organization;

(h) There has been revocation of clinical privileges;

(i) There has been termination of academic appointment by an institution;

(j) There has been cancellation of professional or general liability insurance by the insurance company;

(k) There has been abusive or neglectful treatment of a child as determined by any state statute; or

(l) There has been failure to comply with He-C 6348.

History

(See Revision Note at part heading for He-C 6348) #9267, eff 9-20-08; ss by #12127, eff 3-10-17 (from He-C 6348.21)

N.H. Code Admin. R. Ann. He-C 6348.14 Notification of Denial or Revocation {#sec-he-c-6348.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6348.14}

(a) If DCYF denies an application for certification or revokes an existing certification, DCYF shall send notice of the denial or revocation to the applicant or provider by certified mail.

(b) The notice shall:

(1) Inform the applicant or provider of the facts or conduct upon which DCYF bases its action; and

(2) In the case of an existing certification, inform the provider that the revocation shall not take effect until the provider has had an opportunity through an appeal, pursuant to RSA 170-G:4-a and He-C 200, to show compliance with all lawful requirements for retention of the certification.

History

(See Revision Note at part heading for He-C 6348) #9267, eff 9-20-08; ss by #12127, eff 3-10-17 (from He-C 6348.22)

N.H. Code Admin. R. Ann. He-C 6348.15 Appeals {#sec-he-c-6348.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6348.15}

(a) Applicants or providers who wish to appeal a decision to deny an application or revoke certification shall file an appeal with the commissioner, pursuant to RSA 170-G:4-a.; and

(b) In accordance with RSA 170-G:4-a the appeal shall:

(1) Be made in writing;

(2) Be signed and dated;

(3) State the reasons for the appeal pursuant to RSA 170-G:4-a; and

(4) Be filed within 14 working days of the date of receipt of written notification.

History

(See Revision Note at part heading for He-C 6348) #9267, eff 9-20-08; ss by #12127, eff 3-10-17 (from He-C 6348.24)

Part He-C 6349 Certification Payment Standards for Licensed and License Exempt Child Care Service Providers

N.H. Code Admin. R. Ann. He-C 6349.01 Purpose {#sec-he-c-6349.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.01}

The purpose of this part is to identify the qualifications and performance requirements to become a provider of licensed and licensed exempt child care services for the division for children, youth and families (DCYF) and the division for juvenile justice services (DJJS) and describe licensed and licensed exempt child care services.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.02 Scope {#sec-he-c-6349.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.02}

This part shall apply to licensed and licensed exempt child care service providers who receive financial reimbursement from the department of health and human services (DHHS) for services provided to children and families.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.03 Definitions {#sec-he-c-6349.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.03}

(a) “Agency” means the board of directors, executive director, and employees of an organization that is incorporated and recognized by the NH secretary of state.

(b) “Applicant” means the person or entity that is requesting certification for payment as a child care service provider.

(c) “Case plan” means the division for children, youth and families or the division or juvenile justice services written document, pursuant to RSA 170-G:4, III, that describes the service plan for the child and family, and addresses outcomes, tasks, responsible parties, and timeframes for correcting problems that led to abuse, neglect, delinquency, or child in need of services (CHINS).

(d) “Certification for payment” means the process by which DCYF approves the qualifications of and payment to providers of child care services.

(e) “Child or minor” means an individual from birth through age 20, except as otherwise stated in a specific provision.

(f) “Child care services” means the care and supervision of a child away from the child’s home and apart from the child’s parents.

(h) “Commissioner” means the commissioner of the department of health and human services or his or her designee.

(i) “Conflict of interest” means a situation, circumstance, or financial interest, which has the potential to cause a private interest to interfere with the proper exercise of a public duty.

(j) “Corporal punishment” means the deliberate infliction of pain intended to correct behavior or to punish.

(k) “Court-ordered” means a written decree that is issued by a district, family, superior, probate, or Supreme Court.

(l) “Department (DHHS)” means the department of health and human services.

(m) “Director” means the director of the division for children, youth, and families or his or her designee.

(o) “Division for juvenile justice services (DJJS)” means the organizational unit of the department of health and human services that provides supervision and services to children and youth referred by courts or the juvenile parole board pursuant to RSA 169-B, RSA 169-D and RSA 170-H.

(p) “Founded” means a report of abuse or neglect where the department has determined that there is a preponderance of the evidence to believe that a child has been abused or neglected.

(q) “Juvenile probation and parole officer (JPPO)” means an employee of DJJS who discharges the powers and duties established by RSA 170-G:16, and supervises paroled delinquents pursuant to RSA 170-H.

(r) “Licensed,” means an authorization granted by the commissioner to provide one or more types of child care services.

(s) “Licensed exempt” means a child care provider who is not required to be licensed in accordance with RSA 170-E.

(t) “NH bridges” means the automated case management, information, tracking, and reimbursement system used by DCYF.

(u) “Provider” means the individual or agency that serves a child or family and receives financial reimbursement from DHHS.

(v) “Quality assurance” means the process that DCYF uses to monitor the quality and effectiveness of child care services.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.04 Licensed And Licensed Exempt Child Care Compliance Requirements {#sec-he-c-6349.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.04}

(a) The provider shall comply with:

(1) All applicable licensing and registration requirements prior to applying for certification;

(2) The statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:19, RSA 170-C:14, and RSA 170-G:8-a;

(3) The child abuse and neglect reporting requirements of RSA 169-C 29-30; and

(4) Billing requirements and process described in He-C 6349.11 and He-C 6349.12.

(b) The provider, their employees and any volunteers prior to beginning their work with children and thereafter on an annual basis shall review sections of RSA 169 on definitions, immunity from liability and persons required to report.

(d) The provider shall maintain professional and general liability insurance.

(e) A licensed provider shall:

(1) Comply with He-C 4000, NH child care agency licensing rules; and

(2) Submit a copy of the child care license to DCYF at the time of application for certification and review of continued certification compliance for payment.

(f) Child care services shall be provided for children who are ages birth through 12, unless in the case plan it is determined that a child up to age 17 needs child care, including:

(1) Children in foster care who:

a. Need socialization;

b. Need care during non-school hours; or

c. Require full time court-ordered child care in a licensed care setting while their foster parents are working;

(2) Children who remain in the parents’ home and the family is involved in a founded report of abuse or neglect, pursuant to RSA 169-C:3 XIII-a;

(3) Children who remain in the parents’ home and child care is provided to prevent child abuse or neglect to rehabilitate the family, or to reunite the family; and

(4) Children who are diagnosed by a physician, psychiatrist or psychologist as being physically, mentally or emotionally handicapped and who do not meet the requirements for an educationally disabled child, pursuant to RSA 186-C:2.

(g) A licensed foster parent shall not provide or be reimbursed for child care services for foster children or other children who reside on a full-time basis in his or her foster home unless they meet the provisions of He-C 6446.

(h) Each provider for child care services shall:

(1) Provide a safe and healthy environment and be able to recognize and prevent hazards to the child’s health and safety;

(2) Provide regular activities including nutritious meals, snacks, rest, toileting, and indoor and outdoor play appropriate to the age level of the child in care;

(3) Support the child’s behavior with positive guidance and limits;

(4) At no time use corporal punishment;

(5) Not associate punishment with food, rest or toilet training;

(6) Ensure that sound health practices are followed;

(7) Maintain a valid driver’s license and have no alcohol or other drug related driving convictions for each provider who transports children to child care activities;

(8) Maintain a file at the child care site on each child that includes the following information:

a. Parent’s or guardian’s name, address, and telephone number;

b. Child’s name, age, atypical behaviors, routines, medical history, and special medical considerations;

c. Emergency information for reaching a parent or substitute caregiver;

d. The names of persons authorized to take the child from the child care environment; and

e. DCYF service authorization forms and corresponding billing records.

(9) Maintain attendance records which reflect the dates and hours attended by each child;

(10) Support the child’s relationship with parents or caregivers by regularly sharing information about the needs and progress of the child in care;

(11) Support the case plan by sharing information on the child’s progress with DCYF; and

(12) Submit to a child abuse and neglect state registry and state criminal records check pursuant to RSA 170-E:3-a and 170-E:7.

(i) Failure to comply with the rules of this chapter shall result in:

(1) Denial of an applicant pursuant to He-C 6349.18;

(2) Revocation of certification for payment of a provider pursuant to He-C 6349.18; or

(3) Denial of reimbursement.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.05 Requirements for Licensed Child Care Services {#sec-he-c-6349.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.05}

(a) A provider for child care services shall be:

(1) A family child care home or family group care home licensed pursuant to RSA 170-E:2 IV (a) and RSA 170-E:3 IV (b);

(2) A group child care agency or center-based care licensed pursuant to RSA 170-E:2 IV(c) and RSA 170-E:3 IV(d); or

(3) An individual located in another state who meets the licensing requirements of that state for a child care provider.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.06 Requirements for Licensed Exempt Child Care Services {#sec-he-c-6349.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.06}

(a) In addition to the requirements in He-C 6349.04, a license-exempt provider shall:

(1) Care for no more than 3 unrelated children, regularly for any part of the day, but less than 24 hours;

(2) Be at least 16 years of age;

(3) Be able to communicate his or her needs and the needs of the child in an emergency;

(4) Be in good health and have been examined by a licensed physician within one year prior to applying for certification as a child care provider, and submit the medical information statement as described in He-C 6349.08, verifying health status from a medical professional at the time of application for certification and at review of continued compliance;

(5) Provide the names of references, at the time of application for certification, from 3 unrelated individuals who are familiar with the provider’s experience in caring for children;

(6) Agree that, at the time of application for certification and at review of continued certification compliance for payment, DCYF shall submit his or her name and the names of household members who have contact with children to the department of safety for a criminal records check, pursuant to RSA 170-E:3-a;

(7) Agree that, at the time of application for certification and recertification for payment, DCYF shall submit his or her name and the names of household members who have contact with children to the DCYF child abuse and neglect central registry, and to the central registry in any other state where the applicant, provider, or household member has resided in the previous 5 years, to determine whether there has been a founded child abuse and neglect report, pursuant to RSA 170-E:3-a and RSA 169-C:3 XIII-a;

(8) Agree to allow a CPSW or JPPO or to visit during the application process to ensure that the home provides a healthy, clean, and safe environment for the care of children;

(9) Agree to allow an inspection and approval by the local fire or health officials if an environmental risk to the child is identified by the CPSW/JPPO during the visit;

(10) Agree to allow a CPSW or JPPO to visit, during the time a child receives child care, to observe the child and assure compliance with He-C 6349; and

(11) Agree to allow a CPSW or JPPO to visit during operating hours when DCYF receives a complaint about the provider’s compliance with He-C 6349.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.07 Application Process For Payment Standards For Licensed Child Care Services {#sec-he-c-6349.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.07}

(a) Applicants who seek initial certification for payment standards for child care services shall contact a DCYF/DJJS district office supervisor or designee and request to be referred for certification.

(b) The DCYF/DJJS district office supervisor or DCYF certification specialist shall assess the need for services, based on the following criteria:

(1) The number of children and families who require services exceeds the available community resources;

(2) A specialized service is necessary to meet the unique needs of children and families, and there are no currently certified providers who can provide the specialized service; and

(3) Any other case circumstance which requires the provision of services pursuant to a court order.

(c) If there is a need for a service based on (b) above, DCYF/DJJS shall forward an application packet to the applicant which includes:

(1) An “Application For Certification of Licensed Child Care Service Providers”;

(2) An “Alternate W-9”;

(3) A “Licensed Provider Agreement”; and

(4) He-C 6349.

(d) Each applicant and household member shall provide a statement indicating:

(1) Whether the applicant or any employee has ever been subject to disciplinary action by a licensing body or professional society, been found civilly liable for professional misconduct, or found to have committed an ethical violation by a state or national professional association or any other state’s regulatory board, and if so, the name of the licensing body or professional society, the reasons, dates, and results.

(2) Whether the applicant or any employee is currently listed in any child abuse and neglect state registry as having abused or neglected a child, and if so, the dates and reasons.

(e) The applicant shall sign the application.

(f) The applicant’s signature shall constitute an acceptance of the terms below:

(1) The provider has read and understood He-C 6349;

(2) DCYF shall review financial information submitted for reimbursement for services provided to children and families; and

(3) The information contained in the application is true and correct to the best of the applicant's knowledge.

(g) Each applicant shall complete and return the application within 30 days to the DCYF certification specialist together with the following documents specified in He-C 6349.07(c) above:

(1) The “Licensed Provider Agreement”; and

(2) The “Alternate W-9”.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.08 Application Process For Payment Standards For Licensed Exempt Child Care Services {#sec-he-c-6349.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.08}

(a) Applicants who seek initial certification to provide child in home care services shall contact a DCYF or DJJS district office supervisor or designee and request to be referred for certification for payment.

(b) The DCYF/DJJS district office supervisor or DCYF certification specialist shall assess the need for services, based on the following criteria:

(1) The number of children and families who require services exceeds the available community resources;

(2) A specialized service is necessary to meet the unique needs of children and families, and there are no currently certified providers who can provide the specialized service; and

(3) Any other case circumstance which requires the provision of services pursuant to a court order.

(c) If there is a need for a service based on (b) above, DCYF/DJJS shall forward an application packet to the applicant which includes:

(1) An “Application For Certification of Licensed Exempt Child Care service Providers”;

(2) A “Licensed-Exempt Provider Agreement”;

(3) An “Alternate W-9”;

(4) He-C 6349;

(5) A “Medical information Statement”;

(6) A “Service Provider Reference”;

(7) A “Criminal Record Release Authorization” for the provider and all household members 17 years of age and older; and

(8) A “Central Registry Name Search Authorization” for the provider and all household members 10 years of age and older.

(d) If the individual whose name has been submitted for a criminal background check has been convicted of crimes against a minor or an adult or is the subject of a founded report of child abuse or neglect, the department shall conduct an investigation pursuant to He-C 6920.10 to determine whether the individual poses a threat to the safety of children.

(e) Each applicant and household member shall provide a statement indicating:

(1) Whether the applicant or any household member has ever been subject to disciplinary action by a licensing body or professional society, been found civilly liable for professional misconduct, or found to have committed an ethical violation by a state or national professional association or any other state’s regulatory board, and if so, the name of the licensing body or professional society, the reasons, dates, and results; and

(2) Whether the applicant or any household member is currently listed in any child abuse and neglect state registry as having abused or neglected a child, and if so, the dates and reasons.

(f) The applicant shall sign the application.

(g) The applicant’s signature shall constitute an acceptance of the terms below:

(1) The provider has read and understood He-C 6349;

(2) DCYF shall review financial information submitted for reimbursement for services provided to children and families; and

(3) The information contained in the application is true and correct to the best of the applicant's knowledge.

(h) Each applicant shall complete and return the application within 30 days to the DCYF certification specialist together with the following documents specified in He-C 6349.08(c):

(1) The alternate W-9;

(2) The licensed-exempt provider agreement;

(3) A “Medical information Statement”;

(4) A “"Service Provider Reference”;

(5) The criminal record release authorization form; and

(6) The central registry name search authorization.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.09 Review of Continued Certification Compliance {#sec-he-c-6349.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.09}

(a) All providers shall complete a review form, as provided by DCYF, within 30 days of the receipt.

(b) Providers that do not submit a review form within 30 days of receipt shall have their certification revoked in accordance with He-C 6349.18 and denied payment.

(c) Continuance of certification shall be based on a review and verification of the provider’s compliance with service requirements.

(d) Review of continued certification compliance shall occur every 2 years from the date of issue for licensed-exempt providers and shall coincide with the licensing date for licensed providers.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.10 Notification of Changes {#sec-he-c-6349.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.10}

(a) For the period of certification, all providers shall notify DCYF in writing within 10 days of any change in the information contained in the application and provide documentation of the change.

(b) At the time of expiration of mandatory state licenses, the provider shall submit a copy of the renewed license to DCYF within 10 days.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.11 Billing Requirements for License and Licensed-Exempt Child Care Provider Services {#sec-he-c-6349.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.11}

(a) Prior to the start of service delivery, providers shall be certified and enrolled as a provider of licensed or licensed-exempt child care services.

(b) Providers shall not exceed the rates established in He-C 6910.15 nor shall the rates exceed those charged by the provider for non-DCYF/DJJS children.

(d) Providers shall accept payments made by DCYF/DJJS as payments in full for the services it provides.

(e) DCYF/DJJS shall determine the necessity of care and services and the determination shall be binding on the provider.

(f) The provider shall notify DCYF of any changes in tax information and complete and submit to DCYF a signed alternate W-9 form with current tax information.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.12 Billing Process for Licensed and Licensed Exempt Child Care Services {#sec-he-c-6349.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.12}

(a) A provider shall bill DHHS via paper claims on a bi-weekly basis utilizing the “Child Care Services Authorization” form or on a weekly basis through NH Bridges on the automated billing system.

(b) For paper claim submission, the provider shall:

(1) Complete the number of hours the child attended each day during the billing period and enter the total amount charged in the anticipated payment field; and

(2) Complete the provider signature and mail the completed invoice to:

DHHS, Data Management Unit

PO Box 2000

Concord NH 03301-2000

(1) Be approved and authenticated to submit claims via web billing and have received a logon and password access to provider web billing; and

(2) Select the recipient(s) and timeframe(s) for which they wish to submit claims from their list of approved service authorizations.

(d) Absent units shall be paid only when the following conditions are met:

(1) Other families are billed for absent units;

(2) The child care facility was open for business during the time the absence was claimed;

(3) The child was scheduled to attend on the day the absence was claimed; and

(4) If a child is enrolled part time, the number of units billed for an absent day shall be the number of hours the child was scheduled for that day.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.13 Billing Period {#sec-he-c-6349.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.13}

(a) Providers shall bill within one year of service provision.

(b) Any bill received for payment one year or more after service date shall be denied pursuant to RSA 126-A:3.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.14 Billing Discrepancies {#sec-he-c-6349.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.14}

Questions regarding billing discrepancies shall be directed to the provider relations’ staff of the bureau of administrative operations in DCYF.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.15 Record-Keeping and Record Retention {#sec-he-c-6349.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.15}

(a) A provider shall retain records for a period of no less then 7 years after the completion date of services provided for each bill submitted to the department.

(b) The provider shall keep records as are necessary to comply with RSA 170-E:42, when applicable, and to comply with DCYF/DJJS record keeping requirements in He-C 6349.

(c) Records shall clearly document the extent of the care and service provided to the families, including attendance records when those services are charged to the department, and information regarding any payment claimed.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.16 Quality Assurance Activities {#sec-he-c-6349.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.16}

(a) Providers shall be subject to quality assurance reviews conducted by DCYF and DJJS using a variety of activities such as a combination of record reviews, performance data measurements and visits to providers.

(b) Providers shall allow an on-site visit by DCYF or DJJS, which may be random or scheduled, for the purposes of:

(1) Interviewing providers;

(2) Interviewing children and families served;

(3) A review of service billing records; or

(4) Reviewing provider documents to determine continued compliance with He-C 6349.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.17 Waivers {#sec-he-c-6349.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.17}

(a) Applicants or providers who request a waiver of a requirement in He-C 6349 shall submit a written request to the commissioner or his or her designee that includes the following information:

(1) The reason for requesting the waiver;

(2) The anticipated length of time the requested waiver will be needed;

(3) Assurance that if the waiver is granted the quality of service and care to children, youth and families will not be affected;

(4) A written plan to achieve compliance with the rule or explaining how the provider will satisfy the intent of the rule, if the waiver is granted; and

(5) How the service will be affected if the waiver is not granted.

(b) A waiver shall be granted if:

(1) The department concludes that authorizing deviation from compliance with the rule from which waiver is sought does not contradict the intent of the rule; and

(2) The alternative proposed ensures that the object or intent of the rule will be accomplished and shall not affect the health and safety of the child.

(c) When a waiver is approved, the applicant or provider shall be considered in compliance with the rule from which waiver was sought.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.18 Denial of Application Or Revocation of Certification {#sec-he-c-6349.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.18}

(a) An application shall be denied or certification revoked if:

(1) DCYF determines that the state does not have a need for the service;

(2) The applicant or provider, or the individual acting on the applicant’s or provider’s behalf, submits materially false information to DCYF;

(3) The applicant or any household member has been convicted of a felony or any crime against a child that has not been annulled or overturned;

(4) There has been disciplinary action taken by a licensing body or professional society, a finding of civil liability made for professional misconduct, or a finding of an ethical violation made by a state or national professional association or any other state’s regulatory board;

(5) There has been cancellation of liability insurance by the insurance company;

(6) There has been abusive or neglectful treatment of a child as determined by any state statute; and

(7) There has been failure to comply with He-C 6349.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.19 Notification of Denial or Revocation {#sec-he-c-6349.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.19}

(a) If DCYF denies an application for certification or revokes an existing certification, DCYF shall send notice of the denial or revocation to the applicant or provider by certified mail.

(b) The notice shall:

(1) Inform the applicant or provider of the facts or conduct upon which DCYF bases its action;

(2) Advise the applicant or provider of their right to request reconsideration of DCYF’s decision pursuant to He-C 6347.21; and

(3) In the case of an existing certification, inform the provider that the revocation shall not take effect until the provider has had an opportunity through an appeal, pursuant to RSA 170-G:4-a and He-C 6347.23, to show compliance with all lawful requirements for retention of the certification.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.20 Request for Certification Reconsideration {#sec-he-c-6349.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.20}

(a) A request for certification reconsideration shall:

(1) Be filed within 30 calendar days of the date of receipt of the letter sent by DCYF;

(2) Be submitted in writing; and

(3) Be filed with the director of DCYF.

(b) The DCYF director shall uphold or overturn the request pursuant to He-C 6349.

(d) The applicant or provider may appeal the DCYF director’s decision pursuant to He-C 6349.21.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

N.H. Code Admin. R. Ann. He-C 6349.21 Appeals {#sec-he-c-6349.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6349.21}

(a) Applicants or providers who wish to appeal DCYF’s decision shall file an appeal pursuant to RSA 170-G:4-a with the commissioner.

(b) In accordance with RSA 170-G:4-a, the appeal shall:

(1) Be made in writing;

(2) Be signed and dated;

(3) State the reasons for the appeal pursuant to RSA 170-G:4-a; and

(4) Be filed within 14 working days of the date of written notification pursuant to RSA 170-G:4-a.

(c) Pursuant to RSA 170-G:4-a and He-C 200, the commissioner or designee and 2 members of the DCYF advisory board shall hear the appeal.

History

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08; ss by #11166, INTERIM, eff 9-19-16, EXPIRED: 3-18-17

Part He-C 6350 Certification for Payment Standards for Residential Treatment Programs

N.H. Code Admin. R. Ann. He-C 6350.01 Scope. {#sec-he-c-6350.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.01}

(a) Certification pursuant to RSA 170-G:4, XVIII, consistent with the system of care pursuant to RSA 135-F, shall apply to the children’s residential treatment programs below:

(1) Residential treatment programs implementing treatment and services and receiving funds from the department for residential care, supervision, and treatment provided to children and the related services provided to families pursuant to RSA 169-F:9; and

(2) Residential independent living programs, also known as independent living programs, which receive funds from the department to provide residential housing, supports, and coordination of treatment in the community in which the program operates and the child lives which is an exception to RSA 169:F-9.

(b) Pursuant to RSA 169-F:9, I, any program not certified by the department shall not be eligible to receive state funds or federal funds disbursed by the state of New Hampshire.

(c) A residential treatment program or independent living program that is not certified under He-C 6350 in accordance with RSA 170-G shall not be reimbursed by the department.

History

#4442, eff 7-1-88; amd by #4906, eff 8-10-90, EXPIRED 8-10-96
#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15, ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.02 Definitions {#sec-he-c-6350.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.02}

(a) “Absconder” means a runaway, as defined in (bg) below, for whom a juvenile petition has been filed pursuant to RSA 169-B or RSA 169-D, and who, with the intent to avoid legal process or authorized control, meets at least one of the following criteria:

(1) Fails to report for probation or parole supervisions;

(2) Fails to report for conditional release supervision;

(3) Hides, conceals, or absents themselves; or

(4) Has departed the jurisdiction without permission of the supervising authority, court, or juvenile parole and probation officer (JPPO), and whose whereabouts might be unknown.

(b) “Accredited program” means an agency or program which has met practice and quality standards set by a nationally recognized independent, not-for-profit organization such as but not limited to the Commission on Accreditation of Rehabilitation Facilities (CARF), Council on Accreditation (COA), or The Joint Commission (TJC).

(c) “Adult living preparation” means a process of assessing, planning, and supporting youth through the transition from childhood through adolescence and into independence and young adulthood. This term includes “independent living preparation.”

(d) “Agency” means the board of directors, executive director, and employees of an organization that operates a residential treatment program at a residential facility that is incorporated and recognized by the secretary of state of the state in which it operates and provides an identifiable system of social service interventions designed for an individual child or group of children. This term includes “child care agency” as defined in RSA 170-E:25, II.

(e) “Applied behavioral analysis (ABA)” means the application of behavioral principles to everyday situations, intended to increase or decrease targeted behaviors.

(f) “Applicant” means the person or entity that is requesting certification of a residential treatment program.

(g) “Board certified behavior analyst (BCBA)” means a graduate level certified professional who conducts ABA.

(h) “Bureau for children’s behavioral health (BCBH)” means the bureau within the division for behavioral health in the department of health and human services (department) charged with implementing the children’s system of care.

(i) “Case plan” means the division for children, youth and families’ (DCYF) written plan for the child and the family which outlines how services will be provided, pursuant to RSA 170-G:4, III, and 42 USC 671 and 42 USC 675. This term includes “placement plan.”

(j) “Care management entity (CME)” means “care management entity” as defined in RSA 135-F:4, III namely “an organizational entity that serves as a centralized entity to coordinate all care for youth with complex behavioral health challenges who are involved in multiple systems and their families.”

(k) “Certification for payment” means the process by which the department approves the certification of and payment to certified residential treatment programs and independent living programs.

(l) “Child” means:

a. “Child” as defined in RSA 170-E:25, I. The term includes “youth”, “resident”, and “young adult”;

b. For the purposes of compliance with RSA 126-U, “child” as defined in RSA 126-U:1, I, namely, “a person who has not reached the age of 18 years and who is not under adult criminal prosecution or sentence of actual incarceration resulting therefrom, either due to having reached the age of 18 years or due to the completion of proceedings for transfer to the adult criminal justice system under RSA 169-B:24, RSA 169-B:25, or RSA 169-B:26. ‘Child’ also includes a person in actual attendance at a school who is less than 22 years of age and who has not received a high school diploma.”;

c. “Child with a disability” as defined in RSA 186-C:2, I, and “developmentally delayed child” as defined in RSA 186-C:2 I-a; and

d. For youth in extended foster care pursuant to RSA 170-E:53, a person who has attained the age of 18 but not attained the age of 21.

(m) “Child and adolescent needs and strengths (CANS)” means a multi-purpose tool developed for children's services to support decision making, including level of care and service planning, to facilitate quality improvement initiatives, and to allow for the monitoring of outcomes of services.

(n) “Child protective services worker (CPSW)” means the DCYF representative who has expertise in managing cases resulting from concerns of child abuse or neglect to ensure families and children achieve safety, permanency, and well-being.

(o) “Children’s system of care” means a comprehensive delivery system of services and supports oriented in tiers which supports children, youth, and families based on their individual levels of needs at any time in accordance with RSA 135-F.

(p) “Clinical coordinator” means a staff member employed by the residential treatment program responsible for administrative oversight of the clinical services provided at the program. This term includes “treatment coordinator” and “clinical director.”

(q) “Clinical staff” means individuals who have a master’s degree in a clinical field such as social work, marriage and family therapy, psychology, pastoral counseling, school counseling, or a degree which would make one eligible for a license from the New Hampshire board of mental health practice or New Hampshire board of psychologists.

(r) “Commissioner” means the commissioner of the New Hampshire department of health and human services or the commissioner’s designee.

(s) “Comprehensive assessment for treatment (CAT)” means the biopsychosocial assessment which in part utilizes the CANS and is conducted by a qualified individual as defined by the federal Family First Prevention Services Act of 2017. The CAT is used to recommend whether a child’s behavioral health needs would be supported in a residential treatment program or independent living program as defined by 42 USC 672(k)(4) and if so, recommends the least restrictive and most appropriate level of care.

(t) “Connection” means an individual who the child identifies as an important relationship and who is supported by the treatment team for maintaining the child’s permanency plans. A connection can also qualify as family or kin.

(u) “Corrective action plan” means a plan created by the program and provided to the department within 30 days, which responds to the identified areas of non-compliance with proposed resolutions to rectify all concerns based upon a quality assurance monitoring activity.

(v) “DCYF representative” means an employee of DCYF who has training and experience in managing matters of child protection or juvenile justice cases referred to the department pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, and RSA 463.

(w) “Department” means the New Hampshire department of health and human services.

(x) “Direct care staff” means the residential treatment program’s staff who are included in the staff to child ratio, including, but not limited to, child care workers, supervisors, and recreational staff.

(y) “Division for children, youth and families (DCYF)” means the organizational unit in the department of health and human services which includes but is not limited to, child protective services and juvenile justice services.

(z) “Episode of treatment” means a time-limited, voluntary admission to residential treatment approved by BCBH for children, in which the child and the family have voluntarily agreed to residential treatment and who are not court ordered to placement.

(aa) “Executive director” means the individual responsible for the daily administration of a residential treatment program.

(ab) “Facility” means the physical plant or structures, permanent or temporary, on the grounds of the licensed premises. This term includes “facility” as defined in RSA 126-U:1 III.

(ac) “Family” means the individuals to whom the child is related legally or biologically, such as but not limited to, parents, stepparents, siblings, grandparents, aunts, uncles, first or second cousins, stepgrandparents, and step siblings. This term includes “relative”. Family can also include “kin”.

(ad) “Family workers” means individuals who are residential program staff who work directly with the families of children in the residential program on reunification or in establishing a family’s optimum level of functioning and contact with their child. This term includes program “permanency coordinators”, “permanency specialists”, and “case managers”.

(ae) “Foster care bill of rights” means the rights of a child placed in a foster care or out of home placement pursuant to RSA 170-G:21.

(af) “Full time employee” means residential program staff who work a minimum of 34 hours per week unless defined otherwise by the agency.

(ag) “Human services” means helping people in areas which include:

(1) Education;

(2) Mental health and behavioral health;

(3) Recreation;

(4) Child care;

(5) Medical services;

(6) Law enforcement;

(7) Corrections;

(8) Social services;

(9) Independent living or adult living preparation; and

(10) Substance misuse services.

(ah) “Independent living program” means programs that include supportive community level of care and is either supervised living or supported apartments. These settings are designed for youth 18 years of age or older to provide residential housing, support the coordination of treatment services, and independence of youth transitioning into young adulthood.

(ai) “Incident” means:

(1) Resident behavior that is extreme, including but not limited to, behavior that is assaultive, destructive, self-injurious, or self-destructive;

(2) An occurrence involving an accident or injury, or requiring outside agency involvement, which includes a suicide attempt including self-injurious behavior with a non-fatal outcome where there is explicit or implicit evidence that the person intended to die, and medical intervention was needed;

(3) The death of the resident;

(4) Suspected abuse or neglect of the resident;

(5) Emergency medical treatment for the resident;

(6) The impairment of the resident while at the program;

(7) A medication occurrence that required medical intervention for the resident;

(8) The unexplained absence of a resident from the program; and

(9) Restraint and seclusion defined in (bf) and (bh) below.

(aj) “Juvenile probation and parole officer (JPPO)” means the DCYF representative who has expertise in managing cases resulting from concerns of delinquency or children in need of services (CHINS) to ensure families and children achieve safety, permanency, and well-being.

(ak) “Kin” means “kin” as defined in RSA 170-E:25, VIII, namely, “a child or children who for which there is a connection or history between a child or their parents and another responsible adult, including but not limited to related adults”. A person who is kin can also be a connection.

(al) “License” means “license” as defined in RSA 170-E:25, IX or a license issued pursuant to RSA 151 .

(am) “Managed care organization (MCO)” means an entity that has a comprehensive risk-based contract with the department to provide managed medicaid health care services.

(an) “Measurable” means the systematic process of gathering quantitative or qualitative information to show progress or change and achievement of a goal or objective.

(ao) “Monitoring visit” means a quality assurance visit to the residential treatment program or facility performed by the department. This term includes “technical assistance visit”, “site visit”, and “quality assurance visit”.

(ap) “Notice of non-compliance” means written notification provided by the department to a residential treatment program which identifies one or more areas where the program did not comply with He-C 6350, He-C 6420, or the contract, if applicable, and requires an immediate response, action, or corrective action plan to address the non-compliance areas within a specified self identified timeline.

(aq) “NH bridges” means the case management, tracking, finance, and automated billing system used by DCYF and on behalf of BCBH. This term also includes “granite families”.

(ar) “Permanency” means a child’s safe, stable living environment with a life-long relationship with a nurturing caregiver to establish the foundation for a child’s healthy development.

(as) “Psychiatric Residential Treatment Facility (PRTF)” as described in 42 CFR 483.352 means an inpatient program which provides 24 hour care 7 days a week, as well as intensive short term, and long term psychiatric treatment and care to persons who have psychiatric symptoms and disorders or are in an acute phase of their mental illness.

(at) “Physical intervention” means a behavioral management technique in which staff use the minimum amount of physical contact on a child, which is necessary for the circumstances, in accordance with RSA 627:6, II(b) and RSA 126-U, to protect the resident, other residents present, the staff, and the general public. Physical intervention might be reportable under RSA 126-U and He-C 901. This term includes “physical management.”

(au) “Policies” means an agency’s or program’s written guidelines, practices, and procedures specifying the current and future actions to be taken that direct the operation of the residential treatment program.

(av) “Prescribing practitioner” means any of the following state licensed health care providers pursuant to He-C 6420 that provide services identified in 42 CFR 440.130 to reduce a physical or mental disability and in the restoration of the child’s best functional level:

(1) Health care providers licensed in accordance with RSA 326-B;

(2) Physicians;

(3) Physician assistants; and

(4) Any practitioner licensed by the New Hampshire board of mental health practice pursuant to RSA 318 or New Hampshire board of psychologists pursuant to RSA 330-A.

(aw) “Program philosophy” means the underlying theory, or set of ideas, which guides the beliefs and principles of the program and the services provided by the program in accordance with the system of care principles and values pursuant to RSA 135-F.

(ax) “Progress reports” means the written notes sent to DCYF, CME, and parents by the staff of a program which document the residential services being provided to the child. This term includes “monthly progress reports” and “weekly progress reports”.

(ay) “Qualified residential treatment program (QRTP)” means “qualified residential treatment program” as defined in 42 USC 672(k)(4) as reprinted in Appendix C.

(az) “Quality assurance” means the process that department staff use to monitor, support, and provide technical assistance to residential treatment programs to assist in their ability to comply with He-C 6350, He-C 6420, or the contract, if applicable.

(ba) “Reasonable and prudent parent standard” means a standard characterized by careful and sensible parental decisions made by a caregiver for a child in foster care, that maintain the health, safety, and best interests of the child while encouraging the emotional and developmental growth of the child through participation in extracurricular, enrichment, cultural, and social activities as defined by 42 USC 675(10)(A) and any subsequent amendments thereto, and codified in RSA 170-G:20.

(bb) “Rehabilitative and restorative services” means interventions provided including any medical or remedial services recommended by a physician or other prescribing practitioner to reduce a physical or mental disability and restore a child to their best functional level in accordance with He-C 6420.

(bc) “Related” means “related” as defined in RSA 170-E:25, XII, namely “any of the following relationships by blood, marriage, or adoption: parent, grandparent, brother, sister, stepparent, stepgrandparent, stepbrother, stepsister, uncle, aunt, niece, nephew, first cousin or second cousin”. A related person can also be considered family or kin.

(bd) “Residential treatment program ” means the model and implementation of services to meet the treatment and supervision needs of the children pursuant to RSA 170-G:4, XVIII, and provide 24 hour care of children 365 days a year including all of the employees therein. It also includes residential independent living programs which provide residential housing, supports, and coordination of treatment in the community in which the program operates. This term includes “program”.

(be) “Residential levels of care” means the category of care that is provided at the various levels which includes the following:

(1) Level 1 independent living program where supervision and treatment is not required;

(2) Level 2 intermediate treatment program;

(3) Level 3 intensive treatment program;

(4) Level 4 highly intensive treatment program;

(5) Level 5 PRTF;

(6) Assessment treatment program;

(7) Nursing home;

(8) Rehabilitation program; and

(9) Substance use treatment program.

(bf) “Restraint” means “restraint” as defined in RSA 126-U:1, IV. Restraint might also be considered “physical intervention” or “physical management”.

(bg) “Runaway” means a child in an episode of treatment or placed in a program pursuant to RSA 169-B, RSA 169-C, or RSA 169-D, who has failed to return to the child’s placement, has hid, or has concealed themselves without permission of their legal custodian, residential treatment program, or supervising authority. A runaway might also be considered an absconder or a missing child.

(bh) “Seclusion” means “seclusion” as defined in RSA 126-U:1, V-a.

(bi) “Short-term program” means a residential treatment program that is intended to provide services to a child for 60 days or less.

(bj) “Staff secure” means a residential treatment program that provides high levels of supervision and individualized care 24 hours a day to children through the use of a staff to child ratio of one staff to 5 children or fewer and awake night staff in each building used for child care, and can include short-term interventions that require one staff member to care for one child in order to assist the child through a behavioral or emotional crisis, or physical interventions, in accordance with RSA 126-U, to prevent runaways.

(bk) “Staff to child ratio” means the number of program direct care staff to ensure that the necessary resources are available to deliver services and provide supervision to the number of children consistent with He-C 4001 or the licensing requirements of the state in which it operates.

(bl) “Staff supervision” means an administrative and educational process used in residential treatment programs to help child care workers and clinical staff develop and refine their skills so that they are able to provide quality care and treatment.

(bm) “System of care values” means the comprehensive characteristics set forth in RSA 135-F:3, III, which states that services are family-driven, youth-guided, community-based, trauma-informed, and culturally and linguistically competent.

(bn) “Transitional residential-enhanced care coordination (TrECC)” means a program per RSA 135-F:4, III provided by the care management entity designed to support children, families, and their treatment teams to monitor progress in treatment and to support timely transitions home and into the community.

(bo) “Trauma informed care” means treatment and care that realizes the widespread impact of trauma and understands paths for recovery, recognizes the signs and symptoms of trauma in patients, families, and staff, integrates knowledge about trauma into policies, procedures, and practices, and actively avoids re-traumatization. This term includes “trauma-informed approach”.

(bp) “Treatment plan” means the residential treatment program’s written, time-limited, goal-oriented, therapeutic plan developed with the child and family by the treatment team which includes the strategies to address the issues that brought the child into placement and is consistent with rehabilitative and restorative services.

(bq) “Treatment team” means the individuals outlined in He-C 6350.13 (j) including at a minimum the child, parent(s) or guardian(s), residential treatment program clinical staff, prescribing practitioner, DCYF staff, and CME.

History

#4442, eff 7-1-88, EXPIRED 7-1-94
#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15; amd by #12609, eff 8-23-18; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.03 Length of Certification {#sec-he-c-6350.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.03}

(a) Subject to (b) below, certification shall be valid through the state fiscal year and expire on July 1st, unless certification is voluntarily surrendered by the program, the facility closes, or certification is terminated or revoked by the department pursuant to He-C 6350.07.

(b) If initial certification occurs in the months of March, April, May, or June, the certification shall be valid and shall expire on July 1st of the following year.

History

#4442, eff 7-1-88, EXPIRED 7-1-94
#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.04 Reimbursement {#sec-he-c-6350.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.04}

(a) Subject to (1) through (4) below, a program’s eligibility for reimbursement shall begin on the child’s day of admission and continue through the day of discharge, as follows:

(1) The department shall only reimburse a certified residential treatment program for a child’s treatment when there is no concurrent payment for placement being made to another residential treatment program, with the exception of the day of admission or the day of discharge, or both;

(2) A certified residential treatment program shall be reimbursed for the day of admission when a child is admitted to the residential treatment program directly from an assessment residential treatment program. If the child is admitted to a residential treatment program of the same agency that provided the assessment residential treatment program, the residential treatment program shall not be reimbursed for the day of discharge from the assessment residential treatment program;

(3) The department shall reimburse a New Hampshire PRTF provider in accordance with 4.19-C of the medicaid state plan; and

(4) The department shall reimburse a New Hampshire private non-medical institution (PNMI) provider in accordance with 4.19-C of the medicaid state plan.

(b) If a child has an identified MCO that will be funding the residential treatment program, the program shall only admit the child if the program is enrolled with that child’s MCO.

(c) The residential treatment program may subcontract with other human services providers to fulfill a service which is intended to be provided by the program. The program shall be reimbursed at the daily per-diem rate and the subcontractor shall be reimbursed by the program.

(d) Any subcontractor used on a temporary or long-term basis shall operate with a current license or operate under the laws that govern that profession, if applicable. If the program is in another state, the subcontractor shall operate in accordance with the laws of the state in which it operates, as applicable.

(e) The department shall have no obligation to reimburse a subcontractor for services performed or provided in accordance with (c) above.

(f) Residential treatment programs shall not request additional reimbursement for residential treatment services identified within this part. If a need for a child is identified in excess of the program budget and residential level of care, prior authorization shall be sought by the residential treatment program to the department for consideration.

(g) In the event that a child is a runaway, is committed or detained pursuant to RSA 169-B, or is admitted to an in-patient psychiatric or acute care hospital, the residential treatment program may bill through the day that the child runs away, is committed or detained, or is admitted to the in-patient psychiatric or acute care hospital.

(h) The program may seek prior approval from an administrator at the department to hold a bed under He-C 6350.35. When approved, the program may choose to hold the bed for up to 7 days. A bed hold shall be approved by the department when:

(1) The program is committed to the youth returning to the program; and

(2) The program is most clinically appropriate to support the child, and family, at this time: and

(3) The program is the most appropriate setting for the child to return to.

(i) If a bed hold is approved by the department the program shall:

(1) Maintain communication with the treatment team, the child, and the family; and

(2) Not bill medicaid for the time when the child is a runaway, absconder, missing, or admitted to a hospital.

(j) If agreed upon by the residential treatment program and the department, the program from which the child ran away or absconded may readmit the child within 10 business days from the date the child ran away or absconded in compliance with He-C 6350.35. Readmission within 10 business days shall not negate the billing requirement identified in (a) or (g) above.

(k) PNMI and PRTF programs shall provide documentation regarding their budgets and rates to the department in accordance with the medicaid state plan.

(l) Out-of-state programs shall submit updated rates established by their state entity or rate request 30 days from the effective date or when requested by the department within 30 days.

History

#4442, eff 7-1-88, EXPIRED 7-1-94
#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.05 Application Process for Certification and Procedures for Recertification {#sec-he-c-6350.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.05}

(a) Any residential treatment program licensed in accordance with RSA 170-E or RSA 151, or from another state, that seeks certification in accordance with He-C 6350 shall request application Form 2601 “Certification for Payment Application – Residential Programs” (January 2026) from BCBH and be supported by a need identified by the department in accordance with RSA 170-G:4 and RSA 169-F.

(b) The application form in (a) above shall be completed, signed, and dated by the residential program’s executive director, or designee, affirming the following:

“I have reviewed RSA 126-U, RSA 135-F:3(e), the Administrative Rules He-C 6350 and He-C 6420 and will adhere to the rules as a certified provider. I authorize the Bureau for Children’s Behavioral Health (BCBH) to conduct a certification for payment review to determine the program’s compliance with Administrative Rules He-C 6350 and He-C 6420. I authorize BCBH to access the program for the purpose of Certification and the NH Division for Children, Youth and Families (DCYF) to access the program and children referred by DCYF in accordance with RSA 169-F. I further understand that BCBH has the right to verify information contained in this application.”; and

“The information contained in this application is correct to the best of my knowledge.”

(c) The completed application form in (a) above shall be emailed to the department within 90 days of receipt to ChildrensResidentialCertification@dhhs.nh.gov.

(d) The applicant shall provide the following information with, or in addition to, the application form in (a) above:

(1) Evidence that the board of directors has approved the certification request which may include but is not limited to minutes of the board meeting documenting that the request was approved or a signature of the board’s president;

(2) The names of the residential staff or child care personnel within the program;

(3) An electronic copy of the program description, including a description of the services provided to children and their families, as well as a description of the daily milieu, and how the program promotes the safety, permanency, and well-being of children and their families, adheres to the system of care values, including any specialized services that are supported by any certifications or accreditations, or both;

(4) An electronic copy of Form 2626 “Residential Program Summary” (January 2026) which is an abbreviated program description that can be provided to the court to support placement decision making in accordance with RSA 169-F:8;

(5) The name, office held, professional affiliation, address, and telephone numbers of each person on the program’s board of directors, including whether or not the board member is a present or past recipient of the agency’s services;

(6) A copy of the program’s license or operational approval, in accordance with the following:

a. For programs in New Hampshire, a copy of the license issued in accordance with RSA 170-E:31 or RSA 151:5; or

b. For programs outside of New Hampshire, documentation of approval from the corresponding state’s regulatory agency(ies);

(7) A general liability certificate of insurance for the program;

(8) An electronic copy of Form CBH007 “Qualified Residential Treatment Program Checklist (January 2026);

(9) Organizational information which shall include an organizational chart with personnel titles or positions with the identification of the individuals in those roles, including identification of who in the program is responsible for implementation of reasonable and prudent parent standards. Job descriptions, and the corresponding credentials for those individuals who are meeting the requirements of He-C 6350.11 which shall include the education and experience requirements in He-C 6350.11, as applicable;

(10) Educational certification, in accordance with the following:

a. For programs in New Hampshire which operate and maintain approval as a non-public school pursuant to Ed 400 and a private provider of special education provider pursuant to Ed 1100, a copy of their approval from the New Hampshire state board of education; or

b. For programs outside of New Hampshire with education programs, documentation of educational certification from the corresponding state’s regulatory agency(ies);

(11) The name and contact information for the state’s licensing body and the contact information for the accreditation body;

(12) The staff training plan, including descriptions of orientation and ongoing training, including trauma training requirements as stated in He-C 6350.11;

(13) An electronic copy of the program’s policies required by He-C 6350.10 and any other policies maintained by the program; and

(14) The program’s restraint and seclusion plan, if accredited and required by the accreditation body.

(e) The program administration and staff shall facilitate a tour of the facility for the department’s certification team to conduct a review of all appropriate spaces and certification criteria if necessary.

(f) For residential treatment programs seeking recertification, the executive director shall be notified in writing by the department of the need to apply for recertification 4 months prior to the expiration date of the current certification and failure to receive notice shall not relieve any program of the obligation to renew its certification and comply with RSA 170-G and this part.

(g) If a program does not receive a notice or renewal application as referenced above in (f), the program shall contact department at ChildrensResidentialCertification@dhhs.nh.gov to obtain a renewal application.

(h) The executive director or designee shall complete, sign, and date Form 2601 “Certification for Payment Application – Residential Programs” (January 2026) and indicate that it is for the purpose of recertification.

(i) The completed recertification application form in (h) above and information in (b)-(d) above shall be electronically submitted to the department within 30 days of receipt by email to ChildrensResidentialCertification@dhhs.nh.gov.

(j) The applicant shall provide the recertification and all information included in (b)-(d) above, with the exception of (d)(1), in addition to (h) above according to Form 2601 “Certification for Payment Application – Residential Programs” (January 2026). The recertification attachments shall also include:

(1) The names of the programs residential staff referenced in (d)(2) above shall only require the names of newly hired staff since the initial certification or most recent recertification, as applicable;

(2) Items in (d)(12), (d)(13), and (d)(14) above only if there are changes since the initial certification or last recertification; and

(3) In (d)(9) only the organizational chart with personnel tittles or positions with the identification of the individuals in those roles, unless He-C 6350.09 requires the job descriptions or corresponding credentials to be supplied at recertification.

History

#4442, eff 7-1-88; amd by #4906, eff 8-10-90; amd by #5122, eff 4-25-91, EXPIRED 4-25-97
#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15; amd by #12609, eff 8-23-18; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.06 Departmental Visits, Quality Assurance Monitoring, Notices of Non-compliance, and Informal Dispute Resolutions {#sec-he-c-6350.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.06}

(a) The department shall conduct quality assurance monitoring visits and reviews in accordance with RSA 126-A:4, IV (a), RSA 170-G:4 XVIII, and RSA 169-F:9 for each residential treatment program certified by the department under this part, consisting of the following:

(1) An annual review of the recertification application as described in He-C 6350.05;

(2) An annual analysis of the referral data, statistics, and outcomes provided at recertification;

(3) Quality assurance monitoring visits at least twice per year, of which at least one shall be unannounced, to all facilities where New Hampshire children are currently placed pursuant to RSA 169-F;

(4) A visit conducted within the first year of a residential treatment program’s operation;

(5) For currently certified residential treatment programs, a site review once every 2 years;

(6) A technical assistance visit in the year when a site review does not occur; and

(7) Ongoing quality assurance monitoring visits and collaboration as needed throughout the year.

(b) The program shall make the below available during a quality assurance monitoring visit as requested by the department including but not limited to:

(1) The facility;

(2) The staff and available sub-contracted providers;

(3) The children and their records who were placed by the department or in an episode of treatment; and

(4) Staff records.

(c) In accordance with RSA 169-F:9, V, if a program is found not in compliance with this part or the program’s contract during quality assurance monitoring visit, if applicable, the department shall issue the program a notice of non-compliance indicating the specific violation(s).

(d) In accordance with RSA 169-F:9, V when there are areas of non-compliance the department shall notify the following:

(1) The program’s licensing agency; and

(2) The New Hampshire office of the child advocate.

(e) The program shall submit a corrective action plan to the department within 30 calendar days of the date of receipt of the notice of non-compliance.

(f) An acceptable corrective action plan shall, at a minimum, include the plan for the corrections and a timeline for when those corrections areas will be completed.

(g) Exceptions to (e) above shall include the following:

(1) If the program seeks clarification after receiving the notice of non-compliance and requests an extension of time to complete and submit the corrective action plan;

(2) When the program has initiated the informal dispute process, as described in (k) below, with the certification team;

(3) When there is a request and an approval for a waiver for the rule, as a result of the non-compliance and as a means to correct the non-compliance; and

(4) When there is a request for an extension to the corrective action plan beyond the 30 calendar days in (e) above.

(h) In accordance with RSA 169-F:9, V, failure to respond to the notice with an acceptable plan as described in (f) above or to take the necessary corrective actions as described in (i) below shall result in the removal of all New Hampshire children from the program’s facility and shall result in revocation of certification for payment.

(i) Failure to take the necessary corrective action as referenced in (h) above shall be a result of a program refusing to submit a corrective action plan or deliberately failing to acknowledge and address the areas of correction which are documented in the notice of non-compliance.

(j) The department shall offer an opportunity for an informal dispute resolution to any program who disagrees with a non-compliance cited by the department as a result of a quality assurance monitoring activity for any program who can provide documented evidence that they were in compliance when the non-compliance was issued.

(k) The program shall submit a request for an informal dispute resolution in writing, no later than 14 calendar days from the date the site review report or notice of non-compliance was issued by the department.

(l) Included in the request by the program shall be evidence of the following:

(1) The rule which was cited for non-compliance; and

(2) The documentation which disputes the citation.

(m) The department shall review the evidence presented in (l) above and provide a written notice to the program of its decision within 30 calendar days of receipt of (l).

(n) An informal dispute resolution shall not be available for any program against whom the department has initiated action to deny or revoke their certification.

History

#4442, eff 7-1-88; amd by #4906, eff 8-10-90; amd by #5122, eff 4-25-91, EXPIRED 4-25-97
#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.07 Denial and Revocation of Certification and Process for Administrative Appeals {#sec-he-c-6350.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.07}

(a) The department shall deny an application for certification for payment when it determines that the applicant does not demonstrate compliance with He-C 6350, He-C 6420, or their license has been denied, revoked, or suspended in accordance with RSA 170-E:35 or RSA 151, or for out-of-state programs their license has been denied, revoked, or suspended by their state’s regulatory agency for licensure.

(b) Certification for payment shall be revoked if the department determines that the residential treatment program has failed to comply with one or more of the provisions of He-C 6350, He-C 6420, or the licensing body that governs the out-of-state residential treatment program. Should certification be revoked, the program shall work cooperatively with the department to transition the children to other settings.

(c) Certification for payment shall be voluntarily terminated if a residential treatment program notifies the department that they will no longer be serving children referred from the department in their program.

(d) Certification for payment shall be denied or terminated if the department has determined that there is no need for certification of the residential treatment program pursuant to RSA 170-G:4, XVIII.

(e) Revocation of payment shall include the end of the program’s credentials from the department’s payment system and the recoupment of unused funds, if applicable.

(f) If the department denies or revokes certification for payment, it shall send written notice via United States Postal Service certified mail to the applicant or certified residential treatment program, which sets forth the reason(s) for the department’s determination.

(g) The denial or revocation shall become final 14 business days after receipt of the written notice in (f) above, unless the applicant or certified residential treatment program appeals the department’s determination pursuant to He-C 200, RSA 170-G:4-a, or RSA 151:8, II.

(h) Pursuant to RSA 170-G:4-a, RSA 151:8, II, RSA 541-A, and He-C 200, applicants or programs seeking to appeal a department decision to deny their application or revoke their certification shall file an appeal with the commissioner within 14 business days of the date of the letter or other written notification of the action.

(i) If the program wants to file an appeal it shall:

(1) Be made in writing;

(2) Be signed by a person authorized to submit the appeal;

(3) Be filed with the commissioner of the department; and

(4) State the specific reason(s) for the appeal.

History

#4442, eff 7-1-88, EXPIRED 7-1-94
#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.08)

N.H. Code Admin. R. Ann. He-C 6350.08 Waivers {#sec-he-c-6350.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.08}

(a) A written request for a waiver of a requirement in He-C 6350 shall be submitted by the program to the department, which shall include the following information:

(1) The rule number for which the waiver is being requested;

(2) The anticipated limited length of time the requested waiver will be needed;

(3) The reason for requesting the waiver;

(4) How the residential treatment program will provide for the safety and quality of care of the children if the waiver is granted;

(5) A written plan to achieve compliance with the rule for the limited length of time requested, detailing how the residential treatment program will satisfy the intent of the rule if the waiver is granted;

(6) How the children and families will be affected if the waiver is not granted; and

(7) A statement attesting that the waiver will not result in a violation of the program’s licensing requirements in RSA 170-E:31 or RSA 151:5, or for out-of-state programs, be in violation of the program’s licensing requirements of the state in which it operates.

(b) When a program submits a waiver request, the program shall wait for approval from the department prior to implementation.

(c) In addition to the requirements in (a) above, waiver requests for program staff requirements pursuant to He-C 6350.11 shall include a written agreement between the staff and program leadership that includes a staff supervision plan, the oversight the program will provide the staff, and the program’s expectations of staff should the condition of the waiver not be met.

(d) In addition to the requirements in (a) above, a short-term program seeking a waiver to allow a child to remain in a program beyond the short-term program length of stay shall submit a waiver request that also includes:

(1) The specific reason for why the requested waiver is needed for the child; and

(2) A statement affirming that the waiver, if approved, will have no impact on staffing ratios or clinical services provided to other residents at the program.

(e) A request for a waiver shall be approved if the department determines that:

(1) Approval of the requested waiver will not jeopardize the safety or quality of care provided to children;

(2) Approval of the requested waiver will not be a violation of a state law, a federal law, or another administrative rule part;

(3) The request is time-limited;

(4) The approval of the requested waiver will not contradict the intent of the rule; and

(5) The applicant or residential treatment program has an alternative plan for complying with the rule in accordance with (a)(5) above.

(f) A request for a waiver shall be denied if any of the grounds for approval in (e) above are not met.

History

#4442, eff 7-1-88, EXPIRED 7-1-94
#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.07)

N.H. Code Admin. R. Ann. He-C 6350.09 Changes of Personnel, Policies, or Services and Notification Requirements {#sec-he-c-6350.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.09}

(a) The residential treatment program shall notify the department in writing at least 30 days prior to making changes to the approved certification.

(b) The residential treatment program shall notify the department, parents, and legally responsible parties, in writing, when it changes any of the following from what was provided in the initial certification or recertification application:

(1) Program philosophy; or

(2) Program description.

(c) The program shall notify the department in writing within 10 business days of the hiring of a new executive director, assistant director, clinical coordinator, or other executive leadership member.

(d) The written notice required in (c) above shall include:

(1) The individual’s credentials documenting the education and experience requirements in He-C 6350.11, as applicable; and

(2) An updated organizational chart.

(e) The residential treatment program shall notify the department when:

(1) The out-of-state program has any licensing non-compliance and corresponding corrective action plans pursuant to He-C 6350.26 within 30 calendar days;

(2) There is any change to the license, accreditation, or both, within 30 calendar days of the change, including any change to the program’s licensing agency’s contact information;

(3) There has been a revocation of their license, of their accreditation, or of both, within 24 hours of such action;

(4) There is an event or incident at the facility or program that impacts the health and safety of the general population which might also result in media coverage; and

(5) There are any substantive changes to the program’s or agency’s operations and policies relevant to the program model, trauma informed care, clinical service, education service, or residential service offerings or the health and safety of the children.

History

#4442, eff 7-1-88, EXPIRED 7-1-94
#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.10 Requirements for Written Policies {#sec-he-c-6350.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.10}

Residential treatment programs shall have written policies addressing the following areas in order to ensure quality and consistent care of children which are in accordance with the system of care pursuant to RSA 135-F, III:

(a) Admission criteria and subsequent referral process that identify the children and families the residential treatment program is best designed to serve which shall include the program’s acceptance, waitlist and denial criteria, and procedures;

(b) Provision of a parent handbook which shall identify services that are family and youth driven, community-based, culturally and linguistically competent, and trauma-informed, in accordance with RSA 135-F, III, as well as the opportunities families, kin, and other connections are given to be involved in all aspects of the child’s care including but not limited to:

(1) Activities designed to promote permanency and support continued family, kin, and other connections involvement throughout placement;

(2) Services that promote family involvement and partnership in a therapeutic process from intake to discharge, which supports the identified permanency and transition plans;

(3) Implementation of the reasonable and prudent parent standard by staff including a description of how the program will identify and support normal age and developmental experiences including social, extracurricular, enrichment, and cultural activities in the community;

(4) When possible, activities in the family’s home at the family’s convenience, and other services to support the identified permanency and transition plans;

(5) Parental education and family therapy, as needed to support the child and family’s permanency, safety, and well-being;

(6) Communication that includes the family in the program’s initial orientation process and ongoing activities, visits, and contacts that allow for opportunity for family and identified connections involvement; and

(7) The program’s grievance procedures, which shall ensure that children can constructively address their concerns without fear of retaliation;

(c) Provision of a youth handbook which shall include, at a minimum, services that are family and youth driven, community-based, culturally and linguistically competent, and trauma informed, pursuant to RSA 135-F III;

(d) The provision of a youth handbook shall include a documented effort to obtain written acknowledgment by the child that they received the handbook and shall include a description of the program in which the child has been admitted as well as additional information including but not limited to:

(1) The program’s mission and values;

(2) The therapeutic and clinical services that will be offered to the child and the child’s family;

(3) The structure of the program such as the daily routine;

(4) How the child can access their own personal property;

(5) The children’s access to adequate personal hygiene products and services which shall include culturally and ethnically appropriate items;

(6) The rules and expectations of the program which also may include the personal responsibilities of children such as:

a. Daily living skills;

b. Personal hygiene and access to such products and services;

c. Chores and tasks; and

d. Interpersonal conduct which shall include behavior management and the programs de-escalation model if applicable;

(7) The opportunities available to the child, such as but not limited to recreation or leisure, community access, and communication or contact with family, connections, and other team members;

(8) The program’s grievance procedures, which shall ensure that children may constructively address their concerns without fear of retaliation including:

a. The child’s rights related to restraint and seclusion; and

b. The child’s right to contact their attorney and the contact information for the state protection and advocacy agency (PA Agency) in that state;

(9) The contact information for New Hampshire’s office of the child advocate pursuant to RSA 21-V, if the child is admitted from NH and was not otherwise provided as part of the admission; and

(10) Programs which are independent living shall only be required to include in the youth handbook (2) through (7) above if it is appropriate for their population and setting;

(e) New and on-going staff training requirements which shall include documentation verifying:

(1) All staff have received an orientation including a review of the program’s policies and procedures; and

(2) That staff have received an overview of trauma-informed care;

(f) Staff job descriptions that include the staff’s general duties and responsibilities;

(g) The responsibilities of staff in the implementation of treatment plans and the process for how staff will familiarize themselves with the needs of each resident;

(h) A staffing plan which describes:

(1) Staff-to-child ratios which are consistent with the program’s category of certification;

(2) The utilization of staff to meet the children’s behavioral and clinical needs;

(3) The routine for staff scheduling to provide for the health and safety of children;

(4) The process for assigning staff to errands, appointments, unplanned local events, field trips, or recreational activities off-site while maintaining appropriate supervision for children in the program;

(5) How staff are accessed for emergency situations; and

(6) The level of supervision provided by staff to children throughout the day and night;

(i) A prohibited item and contraband policy, including:

(1) A list of items that are prohibited or considered contraband;

(2) Procedures which shall ensure that no such items are brought to the premises; and

(3) Procedures for the disposal of such items if they are discovered on the premises;

(j) The daily routine available to children including opportunities for educational, community, recreational, leisure activities, therapeutic services, skill building including independent living preparation, and permanency connections;

(k) The personal responsibilities of children, which shall include expectations for:

(1) Daily living skills and hygiene;

(2) Chores and tasks; and

(3) Interpersonal conduct;

(l) Provision of necessities to children, including which items are provided by the program and which items are the responsibility of the parent or guardian to provide;

(m) The identification of children’s possessions and money that are brought to the program or acquired during placement and the child is discharged with;

(n) The protection of the children’s personal property which shall ensure that their possessions are protected during times when the child is off premises or is absent without leave, and that possessions accompany the child at the time of discharge;

(o) The provision of visitation and other communication between children and their family, kin, friends, and connections both on site and off the premises of the facility;

(p) The process for determining and reporting a runaway or a missing child, including specific procedures for absconders, which shall include efforts to locate the child and the notification of the child’s parents or guardian, CME, DCYF, and law enforcement;

(q) The safeguarding of, use, and limitations that may be placed on children’s money;

(r) The recovery of damages to the facility caused by a child, except:

(1) The residential treatment program shall not charge the parents for damages; and

(2) Restitution paid by a child shall be based upon the child’s ability to pay;

(s) The residential treatment program’s religious affiliation and observances, if any, and any restrictions on admissions resulting therefrom;

(t) The procedures a child or a parent follows to file a grievance;

(u) The promotion of constructive work experiences that have training and developmental components for appropriate children;

(v) The safety and security practices used by the program;

(w) The responsibilities of staff when caring for children who might exhibit behavioral challenges including:

(1) How staff use a trauma-informed treatment approach to respond to children’s behaviors;

(2) De-escalation techniques, individualized crisis plans, individualized treatment, and behavior management techniques;

(3) Acceptable and unacceptable staff responses to children’s behavior;

(4) The procedures and requirements for reporting events governed by RSA 126-U and He-C 901;

(5) The guidelines for using time out, seclusion, and physical intervention, including restraints, in accordance with the program selected behavioral intervention model, RSA 126-U, He-C 901, and the applicable state licensing standards; and

(6) Documentation of children’s behavior, which shall include interventions that staff use in response to the children’s behavior;

(x) Prevention and management of injuries, incidents, emergencies, and infection control for staff and children, consistent with He-C 4001.14 or for out-of-state programs, the licensing standards of the state in which it operates;

(y) The procedures and requirements for reporting child abuse or neglect, including:

(1) Filing the report, including the telephone number to call;

(2) Staff training and orientation about reporting abuse or neglect, which includes providing staff with copies of the relevant state statutes; and

(3) Management of staff who are being investigated for child abuse or neglect;

(z) Acquiring and providing emergency services for children that are demonstrating behaviors that are a threat to self or others;

(aa) Provision of treatment service including frequency of treatment plan and treatment team meetings, and clinical services provided including individual, group, and family therapy which shall at a minimum meet the requirements of this part;

(ab) Provision of aftercare services upon discharge if applicable to the residential treatment program’s category of certification;

(ac) The discharge processes for both planned and unplanned discharges; and

(ad) Record keeping, including provisions which ensure the confidentiality of the residents and their families.

History

#4442, eff 7-1-88, EXPIRED 7-1-94
#6617, eff 10-25-97; ss by #8453, INTERIM, eff10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759,e ff 1-17-15; amd by #12609, eff 8-23-18; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.11 Requirements for Staff {#sec-he-c-6350.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.11}

(a) The executive director of an intermediate or level 2 treatment program shall:

(1) Be a full-time employee; and

(2) Either:

a. Possess a master’s degree in education, business, criminal justice, administration, human services, or a field related to one of these disciplines, or meet the definition of clinical staff in He-C 6350.02(q) and have 2 years of experience in human services; or

b. Possess a bachelor’s degree in a discipline listed in a. above and have 5 years of experience in human services.

(b) The clinical coordinator of an intermediate or level 2 treatment program shall:

(1) Be a full-time employee;

(2) Meet the definition of clinical staff in He-C 6350.02(q); and

(3) Have 2 years of post-graduate experience in human services.

(1) Be a full-time employee;

(2) Possess at a minimum a master’s degree in a field identified in (a)(2)a. above; and

(3) Have 2 years of supervisory experience in human services.

(d) The assistant director of an intensive or level 3 treatment program shall:

(1) Be a full-time employee; and

(2) Either:

a. Possess a master’s degree in a field identified in (a)(2)a. above; or

b. Possess a bachelor’s degree in a field identified in (a)(2)a. above and have 5 years of experience in human services, one year of which shall have included administrative responsibility.

(e) The clinical coordinator of an intensive or level 3 treatment program shall:

(1) Be a full-time employee;

(2) Meet the definition of clinical staff in He-C 6350.02(q); and

(3) Have a clinical license, 2 years of supervisory experience in human services, or 2 years of post-masters experience in human services.

(f) The clinical staff of an residential treatment program shall:

(1) Be a full-time employee or a part-time employee who works a minimum of 22 hours per week; and

(2) Meet the definition of clinical staff in He-C 6350.02(q).

(g) The prescribing practitioner for a residential treatment program shall:

(1) Meet the requirements set forth in He-C 6420 for prescribing practitioner or be licensed by the New Hampshire board of psychologists pursuant to RSA 329-B;

(2) Be employed by the agency or have a current contract with the agency or like agreement; and

(3) Collaborate cooperatively with DCYF and the CME to coordinate children’s care pursuant to 170-G:4 and RSA 170-G:4-i.

(h) If the program employs medical staff, they shall be licensed by the appropriate licensing board.

(i) Each residential treatment program shall identify one staff, consistent as reported on the Form 2601 “Certification for Payment Application – Residential Programs” (January 2026), trained to implement the reasonable and prudent parent standard for all children within the program. Any changes to the identified staff shall be reported to the department within 10 days of the new assignment.

(j) Each residential treatment program with funded family worker positions shall meet the following minimum staffing requirements:

(1) Family workers shall have a minimum of a bachelor’s degree in a clinical field identified in (a)(2)a. above, education, or a related field with emphasis in human services and family systems, and have 2 years of human services experience;

(2) All family workers shall be supervised by clinical or master’s level staff; and

(3) Except for short-term programs, family workers shall maintain a transitional and aftercare caseload and availability to provide aftercare services for families pursuant to the discharge plan for a minimum of 30 days after the child has made the transition to home.

(k) The training requirements for family workers shall include:

(1) A minimum of one hour each week of individual or group clinical supervision by clinical staff; and

(2) A minimum of 40 hours per year of in-service training, at least 8 hours of which shall be in working with and supporting families in communities, including creating intervention plans that assist with reunification and transition efforts.

(l) For programs located in NH, each full-time direct care and clinical staff shall complete 40 hours of training annually, of which up to 15 hours of documented supervision may be applied towards the total hours of training.

(m) For programs located in another state, staff shall meet the annual training requirements of the applicable state’s licensing entity, provided that the training meets the requirements of (o) below, and that supervision hours shall not be applied toward the required training if the total is less than 25 hours.

(n) All direct care and clinical staff working less than full-time shall annually receive at a minimum 8 hours of the required trainings in (o) below.

(o) The training required in (l), (m), and (n) above shall include annual reviews of:

(1) Emergency and safety procedures;

(2) Principles and practices of child care and child development including the reasonable and prudent parent standard;

(3) Family-centered practices including transition and permanency planning;

(4) RSA 169-C:29, the child protection reporting law, or, if the program is in another state, the program shall review and follow its state’s child protection reporting law;

(5) Administrative procedures and program goals;

(6) Trauma-informed care;

(7) De-escalation techniques;

(8) Physical intervention techniques in accordance with RSA 126-U, if applicable; and

(9) Professional boundaries, liabilities, and ethics.

(p) The in-service training component provided by the residential treatment program shall be designed to prepare staff to care for the children served and may include, but not be limited to, training that corresponds to the specific needs of the population of children and families the program serves.

(q) College courses taken for credit shall only be counted towards the training requirements in a ratio of one credit equals 15 hours of training, if the course is related to human services identified in (k) above. Staff who apply college course credits toward required training hours shall not be precluded from meeting the requirements of (o) above.

(r) All training shall be documented in the employee’s personnel file or through an electronic equivalent.

(s) Each employee shall have at least one evaluation and planning conference per year.

(t) The evaluation required in (s) above shall be documented in the employee’s personnel file and shall be signed by the employee and the supervisor, indicating that the employee has read the evaluation or indicating why the employee did not sign the evaluation.

(u) The executive director shall receive an annual performance evaluation conducted and signed by the board of directors or the executive director’s direct supervisor or designee.

(v) The evaluation of the executive director shall be documented in the executive director’s personnel file.

(w) Employees of nursing homes and rehabilitation programs shall be excluded from the training requirements with the exception of (o) above.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15; amd by #12609, eff 8-23-18; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.12 Admissions Criteria and Discharge Procedures {#sec-he-c-6350.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.12}

(a) Upon referral by the JPPO, CPSW, CME, or upon admission of a child, the residential treatment program shall document the child’s needs and, if known, the primary areas of treatment identified and services to be provided based on previous assessments provided including the child and adolescent needs and strengths (CANS), the comprehensive assessment for treatment (CAT), and the referral information.

(b) As soon as possible after a child’s admission, the program shall develop the required plan as described in RSA 126-U:3.

(d) The residential treatment program shall make the following available to the parent(s) or guardian during the admission process:

(1) The program philosophy, as stated on Form 2601 “Certification for Payment Application – Residential Programs” (January 2026)”;

(2) The daily routines;

(3) Behavior management and disciplinary practices of the program;

(4) Any specific treatment strategy used by the program;

(5) Policies on visitation and other communication with the child;

(6) The services provided to families;

(7) Procedures which the parent or guardian can use to provide input about the care of the child;

(8) The name and telephone number of staff at the residential treatment program that the parent(s) or guardian can contact;

(9) A description of any religious services available;

(10) Limitations placed on personal possessions and the policies on how children acquire necessities;

(11) How the educational needs of children are met;

(12) How health and medical needs of children are met;

(13) The residential treatment program liaison identified to provide information and coordination to an insurance carrier, if applicable; and

(14) The parent handbook referenced in He-C 6350.10(b).

(e) If the parent(s) or guardian do not participate in the admissions process, the same information required in (d) above shall be sent to them within 7 days of admission.

(f) Once admitted to the residential treatment program, the child shall not be discharged unless one or more of the following conditions exist:

(1) The child is a danger to other children or staff as determined via delinquency proceedings conducted pursuant to RSA 169-B;

(2) The child is determined to need psychiatric hospitalization after an emergency mental health evaluation;

(3) The child is a danger to themselves or others and, after intensive staff intervention, it is determined that a more restrictive environment is necessary in order to maintain safety;

(4) The child's clinical needs can be best met in another setting as determined in the treatment planning process and the child has been accepted into that setting; or

(5) The child is ready to achieve their identified permanency plan, concurrent permanency plan, or transition plan.

(g) If the residential treatment program determines a discharge is necessary in accordance with (f)(1)-(f)(4) above, the program shall provide DCYF, the CME, and parent with written or electronic notice at least 14 calendar days prior to the date that the program is requesting the removal of the child in placement from the program which shall include the detailed reasons for such request. A residential treatment program may request an immediate discharge due to a circumstance identified in (f)(1)-(f)(3) above.

(h) Prior to a discharge, with the exception of a discharge in accordance with (g) above, the residential treatment program in conjunction with the family and the JPPO, CPSW, DCYF representative, or CME, or a combination of these individuals, shall discuss the transitional services, and aftercare services as applicable, provided by the residential treatment program to support family reunification or the child’s transition to an alternative setting.

(i) When the child is discharged, the residential treatment program shall provide details around medication management and medical concerns to the entity the child is discharged to, in writing, on the day of discharge.

(j) The discharge summary or packet shall be filed in the residential treatment program’s record and a copy shall be sent to the JPPO, CPSW, DCYF representative, CME, and the parent or guardian no later than 15 calendar days after the child’s discharge.

(k) The child’s discharge summary or packet shall include, but not be limited to:

(1) A summary of the child’s placement or episode of treatment at the residential treatment program;

(2) The results of the services provided, including the outcomes of the goals and objectives identified in the child’s treatment plan over the course of treatment in the program;

(3) Documentation of interventions utilized and the success or ineffectiveness of those interventions;

(4) Identification of the needs of the child and family which remain to be met upon discharge and the services, if known at discharge, which will meet those needs, including:

a. Upcoming appointments; and

b. Referrals to be made or made by the team in accordance with the child’s community reintegration tasks pursuant to He-C 6350.13(g)(3);

(5) An individualized transition and aftercare plan including support provided by the program post discharge if applicable;

(6) Adult living post-care packet pursuant to He-C 6350.28(i) and (j), if applicable;

(7) An updated Form 1552 “Child/Youth Information Sheet” (June 2020) if previously provided to the program by DCYF;

(8) An accounting of the child’s money which includes how much money they are discharging the child with; and

(9) A medical discharge summary which includes the below:

a. A list of upcoming appointments;

b. Current medical providers with corresponding contact information;

c. Medications inventory with which the child was discharged; and

d. An updated medications list individually identified with the prescribing practitioner of each medication.

(l) If litigation involves a child’s record, all information pertaining to the case shall be maintained until a settlement is reached.

(m) Unless otherwise specified by state or federal requirements, the child’s records shall be maintained by the residential treatment program for a minimum of 5 years after the child’s discharge.

(n) If the program surrenders their certification, have their certification terminated or revoked, or the program or agency closes, the residential program shall notify the department of the location where the files will be maintained and the entity which will oversee their file storage.

(o) Programs which are independent living shall be exempted from the requirements in (k)(3), (8), and (9) in this section above if there are no medicaid covered services being provided under He-C 6420.

(p) Nursing homes, and rehabilitation programs shall be exempt from the requirements in (k)(3), (6), (7), and (8) if there are no medicaid covered services being provided under He-C 6420.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15; amd by #12609, eff 8-23-18; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.13 Treatment Planning Process {#sec-he-c-6350.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.13}

(a) Residential treatment programs shall develop and document treatment planning for each child in accordance with He-C 6420.

(b) Pursuant to RSA 170-G:-4-e, III, the program shall coordinate transition and discharge planning from the day of admission. A discharge plan shall :

(1) Be written and available to the child’s parents or guardians no later than 10 days after the child’s admission to the program;

(2) Begin upon admission to any treatment program and be reflected in ongoing treatment plans and treatment team meetings through the community reintegration and transition tasks;

(3) Include documentation of the identification of the transition resource that the child will be discharged to pursuant to (g)(2)c. below, if known at the time of admission; and

(4) Indicate the child’s identified permanency goal and concurrent goal if provided by DCYF pursuant to (g)(2)c. below.

(c) Within 30 days of a child’s admission to a residential treatment program, the program shall conduct a psycho-social assessment with recommendations for treatment and shall incorporate the results and recommendations of any assessments including standard assessments conducted if clinically indicated. A PRTF shall conduct the psycho-social assessment within 14 calendar days of admission.

(d) Within 30 days of admission to the residential treatment program, the residential treatment program shall conduct a treatment team meeting and, in accordance with RSA 170-G:4-e, develop a treatment plan which shall be based on the treatment team meeting and recommendations of the psycho-social assessment in (c). A PRTF shall conduct the treatment plan and treatment team meeting within 14 calendar days of admission.

(e) For programs that offer short-term programming that serves children 60 calendar days or less, the psycho-social assessment, treatment team meeting, and treatment plan shall be completed within 10 calendar days of the child’s admission.

(f) Nursing homes, rehabilitation programs, and independent living programs shall be exempt from the requirements in this section if there are no medicaid covered services being provided under He-C 6420. Nursing and rehabilitation programs shall follow their respective treatment planning and care planning requirements.

(g) The treatment plan shall include:

(1) The summary of the psycho-social assessment;

(2) A transitional and discharge section for the child and family that includes:

a. An estimate by the treatment team members of the child’s length of stay, based upon referral information and the residential treatment program’s assessment;

b. For a child in a voluntary episode of treatment, the identification of the family who the child will be returning to; and

c. For a child placement through DCYF, identification of the child’s permanency plan and concurrent plan including the identified resource if known at the time of the treatment plan and provided by DCYF. The permanency plan and concurrent plan shall identify the following:

Reunification with the family;
Adoption;
Guardianship by a relative or other appropriate person; or
Another planned permanent living arrangement (APPLA) in accordance with RSA 169-C:24-b; and

(3) Community reintegration and transition tasks that identify the following:

a. Specific needed supports or services that would provide for the child to successfully transition out of the residential treatment program and into the community;

b. The treatment team member who is responsible for completing the task necessary; and

c. The projected time frame for completion of each task.

(h) The treatment plan shall, at a minimum, contain the following domains relating to rehabilitative and restorative services provided by the residential treatment program:

(1) Safety and behavior of the child;

(2) Family;

(3) Medical;

(4) Education, if clinically necessary; and

(5) Adult living preparation if the child meets the requirements of He-C 6350.28 or if determined clinically necessary.

(i) Each domain identified in (h) above shall address:

(1) The goals of the child and family, if applicable;

(2) The measurable objectives to be achieved by the child and family;

(3) The time frames for completion of objectives; and

(4) The individualized interventions that will be used to address the objectives, including:

a. Identification of the staff or individual providing or implementing the stated intervention;

b. The frequency of the intervention;

c. How that intervention is documented; and

d. Identification of the medicaid covered services that will be provided directly or arranged for through He-C 6420.

(j) The treatment plan shall include the date and signatures of the following team members indicating that they participated in the process:

(1) The child;

(2) The child’s parent or guardian;

(3) A prescribing practitioner from the program as required by He-C 6420;

(4) A representative of DCYF, if applicable;

(5) A representative of the child’s CME, if applicable; and

(6) The clinical coordinator, the residential treatment program’s executive director, or the child’s clinician. If the prescribing practitioner is also the clinical coordinator, they shall indicate both roles and only one signature shall be required.

(k) When any of the individuals in (j) above do not participate, the residential treatment program shall document their effort to involve them.

(l) Revisions to the treatment plan outside the scheduled treatment plan reviews shall include the signatures of the prescribing practitioner. It shall also include the clinical coordinator or clinician, and other team members identified in (j) above, as available, and shall be explained in writing to any individuals of the team who are unable to participate.

(m) The treatment plan shall be implemented by the treatment team and the residential treatment program’s staff and shall be reflected in the child’s daily routine, logs, progress notes, and discharge summary.

(n) The treatment team shall consist of the individuals identified in (j) above in addition to the following invited participants:

(1) Clinical staff of the residential treatment program;

(2) Attorney, court appointed special advocate (CASA), and guardian ad litem (GAL) for the child;

(3) A representative of the local educational agency when clinically appropriate; and

(4) Other persons significant in the child’s life, if clinically appropriate, including but not limited to:

a. Teachers;

b. Staff members from the residential treatment program;

c. Counselors;

d. Important connections, or friends;

e. Kin or relatives; and

f. Educational surrogate.

(o) Subject to (1) and (2) below, residential treatment programs shall acquire signatures on the treatment plans of individuals identified in (j) above within 7 calendar days of the treatment team meeting:

(1) If the residential treatment program is unable to obtain the signature(s) of the parent(s), guardians(s), CME, or DCYF representative, then the residential treatment program shall document the reasonable efforts made to acquire the signature(s); and

(2) Any team members participating through electronic means, other than the prescribing practitioner or clinical coordinator, may provide verbal assent in lieu of signature on the treatment plan but this shall not preclude efforts identified in (1) above.

(p) The treatment plan shall be filed in the child’s record and copies provided to the individuals identified in (j) above.

(q) The treatment plan shall be reviewed and updated as necessary by the treatment team at the treatment team meeting, at a minimum as follows:

(1) Three months from the initial treatment plan; and

(2) Every 3 months thereafter until discharge, at no point exceeding 3 months.

(r) Changes and updates to the treatment plan per (q) above shall show change over time. The treatment plan shall be made based on progress identified by the treatment team, identified areas of continued treatment needs, and shall include the treatment recommendations of any assessments conducted if clinically indicated. The treatment plan shall show achievement or changes of goals or objectives, and effectiveness or ineffectiveness of interventions. Subsequent treatment plans shall be in accordance with the requirements of (g) through (o) above.

(s) Once the treatment plan is completed, all clinical and direct care staff shall receive supervision and instruction to ensure that each child’s treatment plan is consistently implemented.

(t) Programs which are independent living shall be exempt from the requirements in this section if there are no medicaid covered services being provided under He-C 6420. Independent living programs shall follow documentation requirements of He-C 6350.16.

(u) Nursing homes, and rehabilitation programs shall be exempt from the requirements in this section if there are no medicaid covered services being provided under He-C 6420. They shall follow the requirements of their applicable treatment planning and medicaid rules.

10-25-05, EXPIRED: 4-23-06

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff
#8693, eff 7-27-06; ss by #10759, eff 1-17-15; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.14 Daily Logs and Progress Reports {#sec-he-c-6350.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.14}

(a) Each residential treatment program shall provide maintenance of logs, which shall occur daily pursuant to He-C 6420, documenting progress and summarizing the medicaid covered services which were provided to the child in accordance with the written treatment plan in He-C 6350.13.

(b) Unless excepted by He-C 6350.15(o), each residential treatment program shall provide a progress report for each child in its care, pursuant to He-C 6420, to DCYF, CME, and to parents and guardians, as follows:

(1) Short-term programs shall provide weekly progress reports and shall comply with (c) through (e) below; and

(2) All other programs shall provide monthly progress reports no later than the 15th day of each month and shall comply with (c) through (f) below. If a child has been at the residential treatment program for fewer than 7 calendar days, the information may be included in the most appropriate monthly progress report or discharge summary.

(1) The child’s name;

(2) The child’s date of birth;

(3) The name of the person completing the report;

(4) The date of the report;

(5) The name of the residential treatment program; and

(6) The date of admission.

(d) Progress reports shall address the following areas of care and treatment within the content of the report:

(1) General summary of the care provided to the child in that month;

(2) Status of each domain identified in the treatment plan including notable changes in particular goals or objectives;

(3) A summary of contacts with family, kin, or identified connections;

(4) Contact with other professionals such as DCYF representatives, the CME, a guardian ad litem, and attorneys;

(5) Dates of incidents that occurred during the previous month if applicable, including any notable observations or changes in behavior;

(6) A summary of the child’s educational progress of the current month, including any challenges experienced; and

(7) The following areas if there are updates:

a. Proposed modifications to the treatment plan;

b. Community reintegration and transition tasks; and

c. Disposition of grievances.

(e) Progress reports shall include the following information about each child’s medical status, behavioral health care, and dental issues throughout the reporting period:

(1) The prescriptions and current dosages;

(2) List of over-the-counter medication provided by the residential treatment program;

(3) The dates of visits during the month being reported;

(4) Any new health care issues and diagnoses, if applicable;

(5) The dates of future scheduled visits; and

(6) The name(s) of the child’s health care provider(s) and their office addresses.

(f) When children meet the requirements in He-C 6350.28(b), progress reports shall include documentation of adult living preparation progress if progress was completed during the month, including:

(1) Independent living training that was completed by staff and the child;

(2) Post-care planning completed with the child; and

(3) When the child is placed through DCYF, a completed Form 1969 “Monthly National Youth in Transition Database NYTD Checklist” (January 2026), completed by residential program staff, for the purpose of collecting data for the National Youth in Transition Database (NYTD) pursuant to 45 CFR 1356.80.

(g) Programs which are independent living shall be exempted from the requirements in this section if there are no medicaid covered services being provided under He-C 6420. Independent living programs shall follow documentation requirements of He-C 6350.16.

(h) Nursing homes and rehabilitation programs shall be exempt from the requirements in this section if there are no medicaid covered services being provided under He-C 6420. They shall follow the requirements of their applicable logs and medicaid rules.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.15 Basic Standards for Residential Treatment Programs {#sec-he-c-6350.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.15}

(a) Except as identified elsewhere in He-C 6350, all residential treatment programs shall comply with this section.

(b) Residential treatment programs shall be licensed in accordance with RSA 170-E or RSA 151, or the equivalent applicable licensure in the state in which they operate. Residential independent living programs which operate supported independent living, for example apartments, shall not be required to maintain a license for the child’s apartment under RSA 170-E or RSA 151.

(c) Residential treatment programs shall be enrolled in New Hampshire medicaid and shall comply with administrative rule He-C 6420.

(d) Providers shall maintain general liability insurance pursuant to 42 USC 671(a)(10)(C).

(e) Residential programs shall comply with the following:

(1) Any administrative rules specific to their category of service;

(2) The Juvenile Justice and Delinquency Prevention Act, 42 USC 5601-5681;

(3) RSA 170-A, and RSA 169-A, as applicable;

(4) RSA 126-U, and He-C 901; and

(5) Foster care bill of rights pursuant to RSA 170-G:21.

(f) Residential treatment programs shall provide the following at the program:

(1) Care in a structured, trauma informed, therapeutic environment and milieu;

(2) Support to children and families 365 days a year including nights, weekends, and during visits;

(3) Monitoring and assessment of the whereabouts and safety when a child is in the immediate care of the residential treatment program;

(4) Age and developmentally appropriate opportunities and activities consistent with the reasonable and prudent parent standard that positively support the education, physical, intellectual, and social needs of children within the residential treatment program and community;

(5) Positive youth development techniques that emphasize providing services and opportunities to support youth in developing a sense of competence, usefulness, belonging, and empowerment;

(6) Opportunities for children to maintain contact with their siblings and other family, kin, and identified connections;

(7) Daily programming to include:

a. Supervision;

b. Access to education pursuant to He-C 6350.29;

c. Social and family services;

d. Adult living preparation;

e. Recreation;

f. Rehabilitative services in accordance with He-C 6420;

g. Behavioral health services in accordance with He-C 6420; and

h. Independent living programs are not required to provide the above and they shall not be required to provide 24 hours a day 7 days a week of supervision. Supervision schedules shall be based on program model and individual needs of the child;

(8) Coordination of services to transition the child from the residential program to the identified discharge plan, permanency plan, or concurrent plan;

(9) Communication and documentation for children who are in court-ordered placement. The program shall provide court reports to DCYF for distribution and corresponding presence at hearings when requested by the court or by DCYF where DCYF may request court reports for a regular review hearing and provide 14 calendar day’s notice before the scheduled hearing unless otherwise mutually agreed upon with the program and department or ordered by the court; and

(10) Coordination of medical care with the guardian including but not limited to working collaboratively with DCYF so they are able to provide monitoring of children receiving psychotropic medications pursuant RSA 170-G:4, XXIII.

(g) DCYF shall provide the program with a completed Form 1552 “Child/Youth Information Sheet” (September 2025) signed and dated by the child’s parent or guardian. Every 6 months thereafter, the program shall review the information on the form, update the form as necessary, sign and date the form, and provide the updated form to DCYF, indicating changes or no changes. Additional attachments to the forms may be used to accompany the required information.

(h) Residential treatment programs shall have relief staff to respond to emergency situations and additional staff available to contact for support and consultation.

(i) Residential treatment programs shall follow staff training requirements and use effective de-escalation techniques to support the children’s individualized treatment needs and ensure the safety of all children at the program.

(j) For any initial placement of a child due to a petition filed under RSA 169-C, a program shall ensure a child’s health needs are met by arranging, in conjunction with the CPSW, a comprehensive physical exam to occur within the first 30 days of admission.

(k) All residential treatment programs shall provide and coordinate services and individual treatment interventions to meet the goals identified in the treatment plan, as follows:

(1) The treatment plan for children placed through DCYF shall be consistent with the DCYF case plan, or for children in an episode of treatment through BCBH, the treatment plan shall be consistent with the CME transitional enhanced care coordination (TRECC) care plan, when either has been provided to the program;

(2) Treatment interventions shall be trauma-informed and meet the individual needs of the children and families in therapeutic and group-living experiences;

(3) Treatment programs shall include individual and group problem solving and support decision-making which may include individual counseling or group counseling, or both;

(4) The clinical coordinator shall ensure therapeutic interventions and other services are implemented and integrated into the treatment programming for the individual child and family;

(5) Services required by the treatment plan including individual, group, and family counseling to children shall be available within the residential treatment program or shall be referred to community agencies depending on the specialized need of the child and family, and the category of service;

(6) Direct care staff that provides group counseling shall receive supervision from clinical staff;

(7) Programs shall collaborate cooperatively with DCYF and CME for transition and discharge planning; and

(8) Treatment plans shall be time-limited for the purpose of providing treatment and stabilization to the child and preparing the family or the identified resource for a transition to home and community or another identified setting.

(l) ABA shall be provided by a register behavioral technician, BCBA, or staff who have been trained to implement the intervention, as applicable.

(m) Treatment programs shall support family-centered practices and incorporate the family-centered focus in the program’s milieu.

(n) Residential treatment programs shall make normal daily decisions in the life of the child and grant permission for participation in family, school, community, cultural, and social leisure time activities based on their age, ability, development, treatment plan, case plan, or court order consistent with the reasonable and prudent parent standard.

(o) During the course of treatment, if there is a court order that limits or prohibits the child’s contact with the parent or guardian, or if DCYF is in the process of securing such court order, the program shall not be required to engage the parent or guardian in the treatment planning process or provide them with documentation of progress reports or incident reports.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15; amd by #12609, eff 8-23-18; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.16 Independent Living Programs. {#sec-he-c-6350.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.16}

(a) Residential independent living or level 1 programs shall provide housing and residences to young adults and may be either supervised independent living or supported independent living. For certification the program shall comply with RSA 135-F and RSA 126-U.

(b) Supervised independent living programs shall:

(1) Maintain a license through RSA 170-E; and

(2) Have a program model with dedicated staff to support young adults in a shared living environment.

(1) Not be required to be licensed through RSA 170-E;

(2) Require case management licensure pursuant to RSA 151 and adhere to rules He-P 819, if applicable; and

(3) Have a program model with dedicated staffing to support young adults in independent apartments which are maintained by the program.

(d) Independent living programs shall:

(1) Coordinate with the young adult’s CPSW or JPPO and team;

(2) Not require enrollment with New Hampshire medicaid or compliance with He-6420; and

(3) Not be required to comply with He-C 6350.13, through He-C 6350.15.

(e) Independent living programs shall have policies on:

(1) The program model offered, including admissions, and discharge procedures;

(2) Positive youth development techniques that are trauma informed and emphasize providing services and opportunities to support young adults in developing a sense of competence, usefulness, belonging, and empowerment;

(3) Onboarding and ongoing training of staff which shall include trainings on trauma informed care; and

(4) Required background and criminal records checks.

(f) Independent living programs shall be in a location that provides young adults with access to educational or vocational opportunities, places of employment, counseling, and other services that meet the needs of young adult.

(g) Independent living programs shall follow He-C 6350.11(a). They shall follow He-C 6350.11(b) if there is a clinical director at the program.

(h) Independent living program staff shall maintain documentation of the services provided to the young adult which shall include at a minimum:

(1) A social history and life skills assessment within 30 days;

(2) A team meeting 30 days from admission and every 3 months thereafter;

(3) A plan of care which shall be developed within 30 days of admission. The plan of care shall utilize the assessments which were conducted with the young adult and their team and include the strengths, needs, goals, and objectives identified by the young adult and contain the minimum following domains:

a. Education or vocational;

b. Daily living;

c. Medical and behavioral health; and

d. Adult living preparation in accordance with He-C 6350.28;

(4) A monthly progress report by the 15th of each month which reviews the goals and objectives for the young adult and any other pertinent information in accordance with He-C 6350.14(c) and (h)(3) above;

(5) A discharge summary which includes an overview of the services provided as well as the progress of goals and objectives for the young adult; and

(6) Daily notes providing an overview and summary of the services provided.

History

#14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.17 Intermediate Treatment Program Requirements {#sec-he-c-6350.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.17}

In order for a residential treatment program to be certified as an intermediate treatment or level 2 program, it shall comply with the following:

(a) He-C 4001 or the laws or rules of the state in which they operate;

(b) Staff to child ratios of one staff to 6 children while children are awake and one staff to 12 children while children are asleep;

(c) An out-of-state program shall comply with the staffing requirements of the state in which it operates provided that the staff ratio is sufficient to ensure the residents’ safety and that children have prompt access to services and treatment. The program shall provide the documentation of the staff ratio maintained by the program to the department if it does not comply with (b);

(d) Except for residential treatment programs that have an independent living component housed in a separate area and have the capability of moving children that need more supervision back to the intermediate care level, there shall be an awake staff member in each building housing children;

(e) Services required by the treatment plan, including counseling of children and families, shall be available within the residential treatment program or shall be provided through the local community, as follows:

(1) Treatment plans shall provide and allow for increased community-based integration and involvement, based on progress and individualized needs; and

(2) Individual or family counseling may be provided by the clinical coordinator, or other staff meeting the requirements of clinical staff; and

(f) Educational services to children shall include the use of public schools pursuant to Ed 300, non-public schools pursuant to Ed 400, or private providers of special education pursuant to Ed 1100 as approved by the NH state board of education or approved schools in the state in which the program operates.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (from He-C 6350.17); ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.16)

N.H. Code Admin. R. Ann. He-C 6350.18 Intensive Treatment Program Requirements {#sec-he-c-6350.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.18}

In order for a residential treatment program to be certified as an intensive treatment or level 3 program, the program shall comply with the following:

(a) He-C 4001 or the laws or rules of the state in which they operate;

(b) The program shall have the capacity to provide highly structured services, both on-site and in the community, as needed to directly affect the educational, physical, intellectual, emotional, and social needs of the children and families;

(c) The program shall maintain a multi-disciplinary, self-contained means of service delivery to meet the needs identified within the treatment plan, as follows:

(1) There shall be a clinical staff to child ratio of one clinical staff to 10 children;

(2) Clinical services shall be provided through the residential treatment program’s on-site program unless a special circumstance is identified through the treatment plan to support utilizing a community provider;

(3) Clinical staff shall provide treatment interventions to meet the individual needs of the children and families served and shall provide a therapeutic group-living experience;

(4) Unless otherwise specified in the child’s treatment plan, any combination of individual, group, or family counseling services shall be provided to each child or the family a minimum of 3 times a week consisting of a minimum of 45 minutes per session, or the equivalent of that time over several sessions;

(5) The family-centered services component shall operate in accordance with the written policy required by He-C 6350.10(b) and with staffing in accordance with He-C 6350.11(j) and (k); and

(6) The residential treatment program shall organize its clinical staff and family workers in a flexible manner so long as families are seen face-to-face no less than one time per week, unless otherwise specified in the child’s treatment plan, as follows:

a. Technology may be used to supplement clinical services as a part of the child’s treatment; and

b. The utilization of a video-conferencing technology shall not replace face-to-face contact unless documented in the child’s treatment plan with the agreement of the treatment team as identified in He-C 6350.13;

(d) The program shall be staff-secure and be able to serve those children whose needs require a high level of treatment and supervision, as follows:

(1) There shall be a minimum staff to child ratio of one staff to 4 children during hours when children are awake;

(2) Except for residential treatment programs that have an independent living component housed in a separate area and have the capability of moving children that need more supervision back to the intensive care level, there shall be an awake staff member in each building housing children; and

(3) An out-of-state program shall comply with the staffing requirements of the state in which it operates, provided that the staff to child ratio is sufficient to ensure the residents’ safety and that children have prompt access to services and treatment. The program shall provide the documentation of the staff and nursing ratio maintained by the program to the department if it does not comply with (1) above;

(e) Educational services to children shall comply with RSA 193:1 and Ed 306, as follows:

(1) The program shall use public schools pursuant to Ed 300, non-public schools pursuant to Ed 400, or private providers of special education pursuant to Ed 1100 as approved by the NH state board of education;

(2) The agency shall operate and maintain approval as a non-public school pursuant to Ed 400 and a private provider of special education pursuant to Ed 1100 as approved by the NH state board of education; and

(3) Programs in another state shall follow the requirements of their state agency or local authority which approves educational programs; and

(f) When a child is discharged to a family home, the program shall provide transitional and aftercare services for a minimum of 30 days.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (from He-C 6350.18); ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.17)

N.H. Code Admin. R. Ann. He-C 6350.19 Highly Intensive Treatment Program Requirements. {#sec-he-c-6350.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.19}

In order for a residential treatment program to be certified as a highly intensive or level 4 treatment program it shall comply with the following:

(a) He-C 4001 or for out-of-state programs, the applicable licensing rules and laws in their state;

(b) Providing highly structured services, both on-site and in the community, as needed to directly affect the educational, physical, intellectual, emotional, and social needs of the children and families;

(c) Maintaining a multi-disciplinary, self-contained means of service delivery to meet the needs identified within the treatment plan, as follows:

(1) There shall be a clinical staff to child ratio of one clinical staff to 8 children;

(3) Clinical staff shall provide treatment interventions to meet the individual needs of the children and families served and shall provide a therapeutic group-living experience;

(5) The staff requirements shall be in accordance with He-C 6530.11 (c), d), (j) and (k), and family-centered services component shall operate in accordance with the written policy required by as described in He-C 6350.10(b); and

a. Technology shall be allowed to be used to supplement clinical services as a part of the child’s treatment; and

(d) Be staff-secure and be able to serve those children whose needs require a high level of treatment and supervision as follows:

(1) There shall be a minimum of direct care staff to child ratio of one staff to 3 children during hours when children are awake;

(2) During sleeping hours there shall be a staff to child ratio of one staff to 5 children with a minimum 2 staff in a program building at all times regardless of ratio; and

(3) An out-of-state program shall comply with the staffing requirements of the state in which it operates, provided that the staff to child ratio is sufficient to ensure the residents’ safety and that children have prompt access to services and treatment. The program shall provide the documentation of the staff ratio as defined in He-C 6350.02(x) and maintained by the program, to the department if it does not comply with (c)(1) above and (d)(1) and (2) above;

(e) Educational services to children shall comply with RSA 193:1 and Ed 306 as follows:

(3) Programs in another state shall follow the requirements of their state agency or local authority which approves educational programs; and

(4) Agencies which operate community based acute treatment (CBAT) or intensive community based acute treatment (ICBAT) shall coordinate tutoring with the child’s sending school district;

(f) When a child is discharged to a family home, the program shall provide transitional and aftercare services for a minimum of 30 days unless that program is an CBAT or ICBAT; and

(g) Highly intensive programs may also include the short term category of CBAT and ICBAT and shall follow the above.

History

#14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.20 Psychiatric Residential Treatment Facility (PRTF) {#sec-he-c-6350.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.20}

In order for a residential treatment program to be certified as a PRTF program, it shall:

(a) Be an inpatient treatment facility where treatment is directed by a physician in a highly clinical, active treatment setting in accordance with 42 CFR 441.151(a)(1), and shall be:

(1) A psychiatric hospital that undergoes CMS approved surveys;

(2) A hospital with an inpatient psychiatric program; or

(3) A psychiatric facility that is not a hospital and is appropriately accredited;

(b) Be licensed in accordance with RSA 151, equivalent license of the state in which it operates, or applicable license approved by the department;

(d) Comply with He-C 830 or applicable rules from the state in which they operate;

(e) Comply with He-C 6420;

(f) Comply with 42 CFR 441 Subpart D and 42 CFR 483 Subpart G and all applicable laws;

(g) Demonstrate accreditation with a national accrediting body in accordance with 42 CFR 441.151;

(h) Maintain the treatment documentation required in He-C 6350.12(j) and (k), He-C 6350.13, He-C 6350.14, and He-C 6420;

(i) Maintain a multi-disciplinary, self-contained means of service delivery to meet the needs identified within the treatment plan as follows:

(1) There shall be a clinical staff to child ratio of one clinical staff to 6 children;

(2) There shall be a psychiatrist who is available 24 hours a day and 7 days a week;

(3) There shall be nursing staff onsite 24 hours a day and 7 days a week;

(4) Clinical services shall be provided through the residential treatment program’s on-site program unless a special circumstance is identified through the treatment plan to supplement specialized treatment through utilizing a community provider;

(5) Clinical staff shall provide treatment interventions to meet the individual needs of the children and families served and shall provide a therapeutic group-living experience;

(6) Unless otherwise specified in the child’s treatment plan or court order, any combination of individual, group, or family counseling services shall be provided to each child or the family a minimum of 3 times a week consisting of a minimum of 45 minutes per session, or the equivalent of that total time over several sessions. This shall include family therapy if clinically indicated;

(7) The staff requirements shall be in accordance with He-C 6530.11 (c), (d), (j) and (k), and the family-centered component shall operate pursuant to the parent handbook required by He-C 6350.10(b); and

(8) The residential treatment program shall organize its clinical staff and family workers in a flexible manner so long as families are seen face-to-face no less than one time per week, unless otherwise specified in the child’s treatment plan, as follows:

a. Technology may be used to supplement clinical services as a part of the child’s treatment; and

(j) The program shall be staff-secure and may be structurally secure to be able to serve those children whose needs require the highest level of treatment and supervision, as follows:

(1) There shall be a minimum staff to child ratio of one staff to 4 children during hours when children are awake and a staff to child ratio of one staff to 6 children during sleeping hours;

(2) Programs shall be prepared to provide supplemental staff during times of need or crisis;

(3) Out-of-state programs shall adhere to the staffing requirements of the state in which the services are provided only if the staff ratio is sufficient to ensure child safety and that children have prompt access to treatment and services. The program shall provide documentation of the ratio maintained by the program to the department if it does not comply with (i)(1)-(3) above and (j)(1) above, as long as they maintain the ratio required by the equivalent license in (b) above and the required ratio of (f) above;

(4) The facility shall not use staff who are also counted in ratio on other units of the facility in order to meet the unit staffing ratios; and

(5) Justification of the ratio maintained by the program in accordance with the statutory or regulatory authority of the state or other entity dictating the ratio; and

(k) If there is an educational program on site the educational services to children shall comply with RSA 193:1 and Ed 306, as follows:

(3) Programs in another state shall follow the requirements of their state agency or local authority which approves educational programs; or

(4) The agency shall coordinate tutoring with the child’s sending school district.

History

#14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.21 Nursing Homes {#sec-he-c-6350.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.21}

In order for a residential treatment program to be certified as a nursing home, it shall:

(a) Be licensed in accordance with RSA 151 and He-P 815 or the equivalent in the state for which they operate;

(b) Not be required to comply with He-C 6350.13, He-C 6350.14, or He-C 6350.15(k) unless providing services under He-C 6420;

(c) Provide children with trauma informed programming and milieu, domiciliary board, room, laundry services, health supervision under medical and nursing direction, and nursing care as might be individually required; and

(d) Provide access to tutoring, the use of public schools pursuant to Ed 300, non-public schools pursuant to Ed 400, or private providers of special education pursuant to Ed 1100 as approved by the NH state board of education or approved schools in the state in which the program operates.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (from He-C 6350.21); ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.19)

N.H. Code Admin. R. Ann. He-C 6350.22 Rehabilitation Programs {#sec-he-c-6350.22 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.22}

In order for a residential treatment program to be certified as a rehabilitation program, it shall:

(a) Be licensed in accordance with RSA 151 and He-P 807, or the applicable license and rules from the state in which they operate;

(b) Not be required to comply with He-C 6350.13, He-C 6350.14 and He-C 6350.15(k) unless providing services under He-C 6420;

(c) Assist in the rehabilitation of disabled children through an integrated program of medical and other services, which are provided under professional supervision and provided in accordance with trauma informed care; and

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (from He-C 6350.22); ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.20)

N.H. Code Admin. R. Ann. He-C 6350.23 Substance Use Treatment Programs {#sec-he-c-6350.23 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.23}

(a) In order for a residential treatment program to be certified as a substance use treatment program, the program shall comply with the requirements to certify for, and follow the rules of, either an intermediate treatment program in accordance with He-C 6350.17, an intensive treatment program in accordance with He-C 6350.18, a highly intensive treatment program in accordance with He-C 6350.19, or a PRTF in accordance with He-C 6350.20.

(b) A substance use treatment program shall maintain a license through RSA 151 or RSA 170-E and be licensed in accordance with He-P 826 or the applicable license from the state in which they operate.

(c) Substance use treatment programs shall involve the families as an integral part of the therapeutic milieu as they provide residential care and rehabilitative and restorative treatment to children who meet the criteria for substance use disorder as documented in the “Diagnostic and Statistical Manual of Mental Health Disorders, Fifth Edition-Text Revision” (2022), published by the American Psychiatric Association and available as listed in Appendix B.

(d) Substance use treatment programs shall maintain a New Hampshire licensed alcohol and drug counselor (LADC) or master licensed drug and alcohol counselor (MLADC) on staff or contract with a New Hampshire LADC or MLADC, licensed clinical supervisor (LCS ), or a licensed clinical staff as defined in He-C 6350.02(q) who is trained in substance use disorder treatment, or the equivalent in the state in which they operate.

(e) Substance use treatment programs shall provide access to education which may include tutoring, the use of public schools pursuant to Ed 300, access to non-public schools pursuant to Ed 400, or access to private providers of special education pursuant to Ed 1100 as approved by the New Hampshire state board of education or approved schools in the state in which the program operates.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (from He-C 6350.23); ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.21)

N.H. Code Admin. R. Ann. He-C 6350.24 Assessment Treatment Program {#sec-he-c-6350.24 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.24}

(a) In order for a residential treatment program to be certified as an assessment treatment program, it shall comply with the requirements to certify for, and follow the rules of, either an intermediate treatment program in accordance with He-C 6350.17, an intensive treatment program in accordance with He-C 6350.18, a highly intensive treatment program in accordance with He-C 6350.19, a PRTF in accordance with He-C 6350.20, or a substance use treatment program pursuant to He-C 6350.23, and this section.

(b) Assessment treatment programs shall provide short-term care and treatment of children through comprehensive assessments and initial treatment while their specific needs are being determined or identified.

(1) Admit children for assessment treatment program services, including placement in the least restrictive therapeutic option with the expectation that the child will be discharged within 60 days or less;

(2) Focus on thorough evaluation, assessments, and screenings beyond the standard practice for the residential treatment program for which they meet the requirements of pursuant to (a) above;

(3) Provide educational services parallel to the educational services provided to children of the residential treatment program for which they meet the requirements of pursuant to (a) above;

(4) Provide treatment and assessment to the child, as follows:

a. Assessment tools that are completed shall be dependent on the specific needs of the respective child or family; and

b. Develop a treatment plan in compliance with He-C 6350.13;

(5) Complete weekly progress reports of the assessment and treatment services the child is receiving, pursuant to He-C 6350.14;

(6) Not be required to comply with the following:

a. Submission of monthly reports in accordance with He-C 6350.14(b)(1); and

b. Programming for adult living preparation pursuant to He-C 6350.28;

(7) Hold a transition and discharge meeting where the comprehensive assessments and treatment completed by the program and the recommendations resulting from the services provided shall be reviewed. Such a meeting shall be:

a. Held at least 2 weeks prior to the expected discharge, or held within 2 weeks of discharge if circumstances or the availability of a treatment team member do not allow the meeting to take place sooner; and

b. In the event that the transition and discharge meeting cannot happen within 2 weeks prior to discharge, the program shall notify the child’s treatment team and document in the child’s record with a justification and alternative plan for the discharge meeting; and

(8) If a child is discharged from the assessment treatment program to be admitted to another residential treatment program within the same agency, comply with He-C 6350.12(k) and He-C 6350.13.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.22)

N.H. Code Admin. R. Ann. He-C 6350.25 Access to In-Patient Care {#sec-he-c-6350.25 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.25}

(a) If a child is admitted to an in-patient psychiatric or acute care hospital, the placement or episode of treatment shall continue through the date the child was admitted.

(b) With prior approval from an administrator, the department shall choose to hold the bed for up to 7 days in accordance with He-C 6350.04.

(c) If a child is admitted to an in-patient psychiatric or acute care hospital, the residential treatment program shall attempt to contact the appropriate JPPO, CPSW, CME representative, or family immediately.

(d) Unless (g) below applies, the initial psycho-social assessment, the initial treatment plan, and the discharge summary, described in He-C 6350.12 and He-C 6350.13, shall not be required if one of the following criteria is met:

(1) In the case of an unplanned admittance pursuant to (a) above, and the child returns to the residential treatment program within 10 business days; or

(2) In the case of planned or unplanned admittance pursuant to (a) above due to a known pre-existing condition which was identified in the residential treatment program’s documentation prior to the admittance, and the child returns to the residential treatment program within 30 days.

(e) If documentation referenced in (d) is not completed, there shall be documentation in the child’s file of the treatment team’s consent to these decisions.

(f) If a child returns to the residential treatment program after an admittance pursuant to (a) and (d)(2) above , the lapse in placement exceeds 30 days and the bed is closed pursuant to (d)(1) above, it shall be considered a new placement and the program shall comply with He-C 6350.12 and He-C 6350.13.

(g) If extenuating circumstances, including clinical regression or extreme behaviors such as, but not limited to, assaultive, destructive, self-injurious, or self-destructive behaviors, have occurred during an admittance through (a) above, updates or revisions shall be made to the psycho-social assessment and treatment plan in accordance with He-C 6350.13.

(h) If the department determines that additional services are required, the department shall authorize one staff to one child services outside the residential treatment placement, notwithstanding He-C 6350.04(f).

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (from He-C 6350.25); ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.23)

N.H. Code Admin. R. Ann. He-C 6350.26 Regulatory Compliance Requirements for Out-of-State Residential Treatment Programs {#sec-he-c-6350.26 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.26}

(a) Certification of out-of-state residential treatment programs shall be conditioned on continued compliance with the licensing requirements in the state in which they operate.

(b) Out-of-state residential treatment programs shall provide the department with documentation of any quality assurance records or regulatory visits upon completion by their licensing or overseeing entity which shall include any corrective action plans submitted.

(c) Out-of-state residential programs shall comply with the applicable parts of He-C 6350 that pertain to the type of care provided to children and families, and shall comply with RSA 170 G, RSA 126-U, He-C 6420, and He-C 901.

(d) Out-of-state residential programs shall respond to communications with the department, families, CME, and DCYF to collaborate and cooperate with DCYF representatives, including case workers, CPSWs, JPPOs, and supervisors for each child to facilitate the department’s monthly oversight duties pursuant to RSA 169-F:7.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (from He-C 6350.26); ss by #14176, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.24)

N.H. Code Admin. R. Ann. He-C 6350.27 Visits {#sec-he-c-6350.27 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.27}

(a) All visits shall be implemented in accordance with court orders, DCYF’s case plan, as applicable, and treatment plan for the child.

(b) During a visit, the residential treatment program shall not be responsible for the supervision of the child unless otherwise established in the contract while the child is in the care of the child’s family, kin, identified connection, or a foster family care provider licensed in accordance with RSA 170-E.

(c) The residential treatment program shall remain available to respond to any crisis during a child’s visit, with the exception of transitions to a foster care agency within the provisions of He-C 6355.18.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (from He-C 6350.27); ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.25)

N.H. Code Admin. R. Ann. He-C 6350.28 Adult Living Preparation {#sec-he-c-6350.28 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.28}

(a) Residential treatment programs shall assist children to improve their developmentally appropriate independent living skills and prepare for adulthood, by complying with the adult living preparation requirements and completing the DCYF adult living preparation documents as described below.

(b) Residential treatment programs shall identify and meet the adult living needs of children who are age 14 or older, and if clinically appropriate, coordinate activities which may be included in support of independent living such as employment, volunteering, and driver’s education.

(c) Information obtained through the adult living preparation shall be included in the treatment plan, daily logs, monthly progress reports, and discharge summary, as appropriate.

(d) Residential treatment programs providing short-term residential treatment or short-term assessment treatment programming pursuant to He-C 6350.24, shall not be required to complete the adult living preparation requirements due to the brevity of stay.

(e) The process of completing adult living preparation shall be done in collaboration with the child, and shall include the following:

(1) Within 30 days of admission, staff shall assist children age 14 and 15, and children with a documented developmental or intellectual delay or disability, in completing Form 1691 “Needs Assessment for Adult Living: 14-15 Years Old and All Youth with Intellectual and Delays” (January 2026);

(2) Within 30 days of admission or within 30 days of their 16th birthday staff shall assist children in the completion of Form 1690 “Needs Assessment for Adult Living: 16+ Years Old” (January 2026);

(3) The needs assessment in (1) and (2) above shall be updated annually, and more frequently as necessary, to reflect any updated information in the child’s DCYF case plan;

(4) Completed Forms 1690 and 1691 shall be dated and signed by the child, the person assisting the child in completing the form, the child’s CPSW or JPPO, and any other individual involved in completing the form;

(5) Within 30 days of admission, and every 6 months thereafter, staff shall assist children age 14 years or older with completing the “Casey Life Skills Assessment” (October 2021) or the most recent version available at https://www.casey.org/casey-life-skills/ or provided by DCYF ;

(6) Within 60 days of admission, staff shall assist the child with completing the “Choices360 Career Planning Interest Profiler” available at choices360.com using the access code provided by DCYF. Program staff shall ensure neither staff nor the child enters any personally identifiable information about the child on the website;

(7) Within 60 days of admission, staff shall assist the child with completing Form 1695 “Adult Living Preparation Plan,” (January 2026), which shall incorporate the results of the assessments in (5) and (6) above, and any follow-up tasks to be completed by the child, member of the treatment team, or another identified support person. The completed form shall be signed and dated by the child, the person assisting the child in completing the form, the child’s CPSW or JPPO, and any other individual involved in completing the form. The form shall be reviewed and updated at least annually with more frequent updates as needed;

(8) Thirty days prior to the child’s 18th birthday, or 30 days prior to the child’s planned discharge if the child will not discharge upon the child’s 18th birthday, staff shall assist the child with completing Form 1984 “Post Care Plan” (January 2026). The completed form shall be signed and dated by the child and the child’s CPSW or JPPO, the person assisting in completion of the form with the child, and any other individual involved in completing the form; and

(9) If the documents outlined in (1)-(8) above have been completed at a previous out-of-home placement within the previous 6 months, the previous documents, if available, shall be provided by DCYF or the CME and then reviewed and amended by the program as appropriate based on any changes in circumstances.

(f) Staff shall complete and submit Form 1969 “Monthly National Youth in Transition Database (NYTD) Checklist,” (January 2026), each month pursuant to He-C 6350.14(f)(3) to DCYF.

(g) The residential treatment program shall provide children with weekly skills training using the DCYF adult living preparation curriculum.

(h) If an out-of-state program has an adult living preparation curriculum, training program, or forms which are used by the state in which it operates, the program may submit the documents to DCYF for review. If DCYF determines the documents meet the requirements of this part, then the documents may be used in lieu of (e) and (g) above.

(i) To assist children in their transition out of placement, staff shall prepare a post-care packet for each child 30 days prior to the child’s 18th birthday or 30 days prior to the child’s planned discharge to independent living, or home setting, if the child will not discharge upon the child’s 18th birthday, which includes:

(1) Form 1984 “Post-Care Plan” (January 2026) as referenced in (e)(8) above;

(2) Resources pertaining to post-secondary education and adult education programs or vocational programs in the community to which the child will be returning;

(3) Copies of school transcripts and individual educational plan, if the child’s education was provided by the residential treatment program; and

(4) Career assessment results, completed by the residential treatment program pursuant to (e)(6), above.

(j) The staff shall prepare a transition packet for each child prior to the child leaving placement to be utilized by the child, including:

(1) The names and telephone numbers of people identified as supports for the child in aftercare, including:

a. The CPSW, JPPO, or CME;

b. The residential treatment program counselors and foster parents;

c. The counselors and mental health therapist;

d. Adult advocates, teachers, or coaches; or

e. Other individuals who will assist the child such as primary caring adult, identified connections, or kin;

(2) The date of the child’s last medical physical or visit to the doctor and any upcoming appointments;

(3) The child’s medical history, immunizations updates, and family medical history, if available;

(4) A list of medications currently prescribed for the child; and

(5) The identification of any specific long-term medical conditions and any health concerns pertaining to the child.

(k) Independent living documentation and preparation and skills training shall be provided as appropriate for children in an episode of treatment through BCBH.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (from He-C 6350.28); ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.26)

N.H. Code Admin. R. Ann. He-C 6350.29 Education {#sec-he-c-6350.29 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.29}

(a) Residential treatment programs shall make time and space available for studying and shall ensure that children have access to necessary educational materials.

(b) Residential treatment programs shall collaborate and coordinate with the child’s school in order to ensure they have access to an appropriate education based upon the child’s needs.

(c) Based on the residential treatment program’s category of service, the child shall be enrolled in a New Hampshire state board of education approved program or a general equivalency diploma program for children over 16 when the program complies with RSA 186-C:9 . For out-of-state programs children shall have access to state approved public school, or the program shall have an approved educational program for the state in which they operate pursuant to He-C 6350.17 through He-C 6350.20.

(d) CBAT, ICBAT, PRTF, nursing homes, or rehabilitation programs, shall have an approved school pursuant to (c) above or an education program that includes tutoring as an alternative education plan based on their state’s expectations and requirements.

(e) The residential treatment program shall not prevent children from going to school as a consequence for misbehavior. The program shall provide the school with any information regarding circumstances which might present a concern for the safety of the child or community in order for the school to determine if the school is able to support the safety of the child or community.

(f) Children attending school outside the residential treatment program shall be encouraged to take part in the school's extracurricular activities, unless contraindicated by the treatment team.

(g) Using the reasonable and prudent parent standard, the residential treatment program shall allow and encourage the child in care to participate in school-related activities and events based on their age, ability, treatment, and development if there are no existing safety concerns for their inclusion and the activity is otherwise not prohibited by the treatment plan, case plan, or court order.

(h) The residential treatment program shall ensure that life-skills training is available and appropriate to the age and abilities of the child.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (from He-C 6350.29); amd by #12609, eff 8-23-18; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.27)

N.H. Code Admin. R. Ann. He-C 6350.30 Communication with Family, Kin, and Identified Connections {#sec-he-c-6350.30 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.30}

(a) The residential treatment program shall encourage visits and other forms of communication between the child and family members, kin, and identified connections.

(b) The residential treatment program shall make available space and times that are convenient for visiting.

(d) Programs shall encourage frequent contact between the child and appropriate family, kin, and connections when clinically appropriate.

(e) Staff shall facilitate, support, supervise, or enforce the limit of visits with others in accordance with the court orders, case plan, and treatment plan.

(f) Staff shall provide privacy for visits and telephone contacts between children and their families, kin, or identified connections if appropriate.

(g) Staff shall allow a child in care to receive and send mail.

(h) Staff shall not read children’s mail unless the reason is documented in the treatment plan or approved by DCYF at the request of the residential treatment program to meet the supervision needs of the child.

(i) The residential treatment program shall be equipped with telephones for the children’s use and shall have procedures about their use.

(j) The residential treatment program shall provide privacy for and not prevent a child from communicating verbally, in writing, or directly with their attorney, GAL, CASA, the New Hampshire office the child advocate, ordained representative of the child’s faith, or DCYF representative unless the access to the phone or materials would present a safety concern at the time.

(k) If there were a safety issue which prevented a child from communicating, the program shall notify the applicable individual listed in (j) above of the concern and of the intent the child had to communicate with the individual.

(l) If the treatment team has planned with the child around the frequency of communication, the team will be made aware of the approximate frequency of the request made by the child with the intent to communicate with the individual through the monthly progress reports if the amount requested exceeds the allowable frequency.

(m) The residential treatment program shall make efforts to communicate with the parent or guardian about the implementation of the reasonable and prudent parent standard in structuring activities for the child within the operation of the program.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (from He-C 6350.30); amd by #12609, eff 8-23-18; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.28)

N.H. Code Admin. R. Ann. He-C 6350.31 Reporting of Incidents. {#sec-he-c-6350.31 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.31}

(a) In accordance with He-C 4001, each residential treatment program shall maintain incident reports on all accidents and personal injuries.

(b) Programs which are licensed in another state shall follow the laws and rules of their state licensing agency regarding incidents in addition to maintaining compliance with (c) below.

(c) The residential treatment program shall share information regarding reports of incidents, as defined in He-C 6350.02(ai), as follows:

(1) Parents, guardians, and either DCYF or CME shall be notified as soon as possible but no later than the end of the next day and provided with the details of the incident unless prohibited by court order;

(2) A copy of the written incident report shall be provided electronically or mailed in accordance with the program’s policy to the individuals identified in (1) above;

(3) Should any of the required contacts in (1) above have no phone or email, a written copy of the incident report shall be mailed to the last known address;

(4) Incidents as defined in He-C 6350.02(ai)(9), shall be reported and documented in accordance with RSA 126-U and He-C 901; and

(5) Incidents, as defined in He-C 6350.02(ai)(2), (3), (5), and (9) shall be reported to the department’s incident management system within a minimum of 7 calendar days.

History

#14490, eff 1-22-26, EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. He-C 6350.32 Requirements for Staff Communications {#sec-he-c-6350.32 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.32}

(a) The residential treatment program shall maintain a daily log for staff communication which may include those circumstances requiring continued attention by staff, in addition to logs specific to medicaid covered services in accordance with He-C 6420.

(b) Direct care staff shall only have access to the children's records at the residential treatment program which are necessary in order to provide care and supervision of the child and facilitate treatment plan goals.

(c) Direct care staff shall have input into children’s treatment planning, program policy development, and planning when appropriate.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (from He-C 6350.31); ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.29)

N.H. Code Admin. R. Ann. He-C 6350.33 Children’s Money {#sec-he-c-6350.33 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.33}

(a) Children may have access to their own money by receiving an allowance from the residential treatment program, by having opportunities for paid work within the residential treatment program, or through outside employment, unless otherwise indicated by the treatment plan, court order, or consistent with the program’s written policy.

(b) Money owned, earned, or received as a gift or as an allowance shall be the child's personal property and shall not be taken or borrowed by any staff member.

(c) Children shall not be required to pay for daily hygiene items, grooming supplies, and haircuts which shall include culturally and ethnically appropriate items.

(d) The residential treatment program shall have a separate accounting system for each child's money from any source with the exception of children in level 1 independent living programs in which case the child can be responsible for their own finances.

(e) The residential treatment program shall comply with RSA 170-E:51-a as it relates to certain minors in DCYF custody obtaining consent from the department to open a banking account.

(f) For purchases made by the residential treatment program using the children's money, the child shall sign a receipt, which shall identify the item, the date received, and the amount of the exchange.

(g) In cases where restitution is due to damage caused by the children at the residential program, an agreement with the child’s legal guardian and CPSW or JPPO shall be made in writing prior to restitution being made with the child. For court ordered restitution using the children's money, the child shall sign a receipt, which shall identify the expense, the date of the payment, and the amount of the restitution payment.

(h) The receipt referenced in (f) above shall be filed in the child’s record and in the residential accounting system in (d) above.

(i) Residential treatment programs shall have a written policy regarding the documentation of money in a child’s possession at the time of admission to the program including procedures for returning the child’s money at discharge from the program.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (from He-C 6350.32); ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.30)

N.H. Code Admin. R. Ann. He-C 6350.34 Religion {#sec-he-c-6350.34 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.34}

(a) During the admission process, the staff shall determine if the family has wishes regarding the child’s religion or faith and any accommodations the program can make to support the child’s religion or faith. The program staff shall discuss any religious affiliation of the residential treatment program with the child and the parent or guardian.

(b) A residential treatment program shall not require any child to participate in any religious observance or practice except with the written permission of the parent or guardian and agreement of the child.

(c) The residential treatment program shall obtain written permission of the child's parent or guardian before any child changes their religious affiliation.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (from He-C 6350.33); ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.31)

N.H. Code Admin. R. Ann. He-C 6350.35 Absconders, Runaways, or Missing Children {#sec-he-c-6350.35 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.35}

(a) Pursuant to the definitions in He-C 6350.02(a) and (bg), all absconders are deemed runaways.

(b) Programs shall be reimbursed by the department, pursuant to He-C 6350.04, at their authorized rate through the day the child runs away, absconds, or is missing and shall resume on the date the child returns to the residential treatment program, if applicable.

(c) If a child runs away, absconds, or is missing, the program shall immediately notify the local law enforcement agency, the parent(s), DCYF, if the child is placed through DCYF, and the CME if the child is in a voluntary episode of treatment. When reporting to law enforcement, the program’s report shall include information if the child is court ordered in placement at the residential treatment program.

(d) If the court order for placement at the residential treatment program is still in effect during the time that the child is absent as a runaway, absconds, or is missing it shall be at the program’s discretion whether to remain involved with the child’s case, if approved by DCYF.

(e) Upon a child’s return from running away, the program shall:

(1) Immediately notify the local law enforcement agency, DCYF, or CME and the child’s parent(s) or guardian unless instructed otherwise by law enforcement;

(2) Ensure the child’s immediate medical and mental health needs are assessed and addressed; and

(3) Observe the child for indications that the child might have been a victim of human trafficking. If the child is placed through DCYF, the program shall notify DCYF of all information gathered as soon as practicable, and shall cooperate with DCYF to meet the child’s needs related to the runaway event.

(f) Subject to (g) below, if a child returns to the program within 10 business days of running away, the program shall not be required to make updates to the psycho-social assessment and treatment plan and the discharge summary described in He-C 6350.12 and He-C 6350.13 unless (g) below is applicable.

(g) If a child exhibits significant changes, clinical regression, or extreme behaviors such as, but not limited to, assaultive, destructive, self-injurious, or self-destructive behaviors upon return to the program, updates or revisions shall be made to the psycho-social assessment and treatment plan in accordance with He-C 6350.13.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (formerly He-C 6350.34); ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.32)

N.H. Code Admin. R. Ann. He-C 6350.36 Grievance Procedures {#sec-he-c-6350.36 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.36}

(a) Each residential treatment program shall establish a grievance procedure and provide the procedure in the parent and youth handbooks, so children may constructively address their concerns without fear of retaliation.

(b) For any grievance filed, its disposition shall be recorded in the child’s record and in the monthly progress report.

History

#6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
#8693, eff 7-27-06; ss by #10759, eff 1-17-15 (formerly He-C 6350.35); ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.33)

N.H. Code Admin. R. Ann. He-C 6350.37 DCYF Visits and Oversight. {#sec-he-c-6350.37 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6350.37}

(a) For any child placed through DCYF or in a court-ordered residential treatment pursuant to RSA 169-B, RSA 169-C, or RSA 169-D, the residential treatment program shall accommodate monthly child-specific visits between the child and DCYF representatives, including case workers, CPSWs, JPPOs, and supervisors.

(b) The residential treatment program shall provide a safe and private space, as determined by the DCYF representatives and the child, for the DCYF representatives to meet with the child during each monthly in-person DCYF visit.

(c) For each monthly visit with each child, the program staff shall provide the DCYF representatives with an in-person tour of the facility which shall include the areas of the facility where the child may have access to and the child's living quarters.

(d) During the DCYF representatives’ visit, the residential treatment program shall make program leadership available to speak with the DCYF representatives about the program culture and therapeutic programming.

(e) Direct care staff shall be available during the in-person visit to speak with the DCYF representatives about the child's progress in the program.

(f) The residential treatment program shall make available the child's therapeutic provider, the clinical director, or both, to speak with the DCYF representatives about the program culture, therapeutic programming, and the child's individual progress, strengths, and challenges in the program. This communication shall occur:

(l) In-person during the DCYF visit to the facility; or

(2) In virtual real-time by telephone or video conference if the conversation cannot occur during the in-person DCYF visit due to scheduling conflicts beyond the control of the participants.

(g) The residential treatment program shall facilitate monthly contact between the DCYF representatives and the child's educational provider at the program, if applicable to the services provided by the program. Contact with the child's educational provider shall occur:

(1) In virtual real-time by telephone or video conference; or

(2) If the contact cannot occur in virtual real-time due to conflicts beyond the control of the participants, the communication shall be in writing.

History

#14176, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.34)

Part He-C 6352 Certification for Payment Standards for Community-Based Service Providers

N.H. Code Admin. R. Ann. He-C 6352.01 General Program Administration {#sec-he-c-6352.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6352.01}

– He-C 6352.10 - EXPIRED

History

#4446, eff 7-1-88, EXPIRED: 7-1-94
#7292, eff 5-24-00; ss by #9112, INTERIM, eff 3-24-08, EXPIRED: 9-20-08

N.H. Code Admin. R. Ann. He-C 6352.11 General Program Administration {#sec-he-c-6352.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6352.11}

– He-C 6352.31 - EXPIRED

History

#7292, eff 5-24-00; ss by #9112, INTERIM, eff 3-24-08, EXPIRED: 9-20-08

Part He-C 6353 Allocation and Distribution of Incentive Fund Grants - Repealed

N.H. Code Admin. R. Ann. He-C 6353.01 General Program Administration {#sec-he-c-6353.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6353.01}

– He-C 6353.08

History

#4714, eff 11-30-89, EXPIRED 11-30-95
#7363, eff 9-19-00, EXPIRED: 9-19-08
#9640, eff 1-23-10; rpld by #12332, eff 7-21-17

Part He-C 6354 Monitoring Home-Based Therapeutic Services Providers

N.H. Code Admin. R. Ann. He-C 6354.01 General Program Administration {#sec-he-c-6354.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6354.01}

– He-C 6354.03

History

#8009, eff 1-1-04, EXPIRED: 1-1-12

Part He-C 6355 Certification for Payment of Foster Care Programs

N.H. Code Admin. R. Ann. He-C 6355.01 Definitions {#sec-he-c-6355.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.01}

(a) “Agency” means the board of directors, executive director, employees, foster parents, and volunteers of an organization that is incorporated and recognized by the secretary of state and licensed by the department as a child placing agency in accordance with RSA 170-E:24.

(b) “Applicant” means the person or entity that is requesting certification of a foster care program.

(1) A bachelor’s degree in social work, psychology, education or a related field with an emphasis in human services; and

(2) At least 2 years of experience working with children and families.

(d) “Case plan” means the division for children, youth and families (DCYF) written plan for the child and the family which outlines how services will be provided, pursuant to RSA 170-G:4, III and 42 U.S.C. 671, PART E-Federal Payments for Foster Care and Adoption Assistance SEC.471(a)(16), 475(1) and (5)(A and D) State Plan For Foster Care and Adoption Assistance.

(e) “Certification for payment” means the process by which DCYF approves the operation of and payment to foster care programs.

(f) “Child” means:

(1) “Child” as defined in RSA 170-E:25, I. The term includes “youth;” or

(2) For the purposes of compliance with RSA 126-U, “child” as defined in RSA 126-U:1, I, namely “a person who has not reached the age of 18 years and who is not under adult criminal prosecution or sentence of actual incarceration resulting therefrom, either due to having reached the age of 17 years or due to the completion of proceedings for transfer to the adult criminal justice under RSA 169-B:24, RSA 169-B:25, or RSA 169-B:26. ‘Child’ also includes a person in actual attendance at a school who is less than 22 years of age and who has not received a high school diploma.”

(g) “Child placing agency” means “child placing agency” as defined in RSA 170-E:25, IV.

(h) “Child protective services worker (CPSW)” means an employee of DCYF who has expertise in managing cases to ensure families and children achieve safety, permanency, and well-being referred to the department pursuant to RSA 169-C, RSA 170-B, RSA 170-C and RSA 463.

(i) “Clinician” means an individual who has a master’s degree in a clinical field such as social work, marriage and family therapy, psychology, education, counseling, human services, or a degree which would make one eligible for a New Hampshire license or certification in a field related to human services.

(j) “Clinical coordinator” means a staff member employed by the foster care program responsible for administrative oversight of the clinical services provided at the program. This term includes “treatment coordinator”.

(k) “Commissioner” means “commissioner” as defined in RSA 170-E:25, V.

(l) “Contact” means any communications including face-to-face, via telephone, postal mail, electronic mail, or internet networking.

(m) “Corrective action plan” means “corrective action plan” as defined in RSA 170-E:25, VI.

(n) “Department” means the New Hampshire department of health and human services.

(o) “Division for children, youth, and families (DCYF)” means the organizational unit of the department of health and human services that provides services to children and youth referred by courts pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, and RSA 463.

(p) “Eligible” means that a provider demonstrates the ability to meet required quality and performance standards of certification for payment.

(q) “Eligible youth for adult living preparation” means youth in out-of-home care who are age 14 years or older.

(r) “Family” means the individuals to whom the child is related legally or biologically, such as, but not limited to parents, siblings, grandparents, aunts, and uncles.

(s) “Foster family home” means child care in a family setting as defined in RSA 170-E:25.

(t) “Foster care program” means a licensed child placing agency which recruits, trains and licenses and supervises foster family homes and provides parental care in a licensed foster family home on a regular, 24 hour a day, residential basis.

(u) “Human services” means helping people in areas, which include:

(1) Education;

(2) Mental health;

(3) Recreation;

(4) Child care;

(5) Medical services;

(6) Law enforcement;

(7) Corrections; and

(8) Social services.

(v) “Incident” means:

(1) A child’s behavior that is extreme, including, but not limited, to behavior that is assaultive, destructive, self-injurious, or self-destructive;

(2) Any behavior leading to physical intervention or seclusion of a child; or

(3) An occurrence involving an accident or injury, or requiring involvement of outside agencies.

(w) “Juvenile probation and parole officer (JPPO)” means the DCYF representative who has an expertise in managing cases resulting from concerns of delinquency pursuant to RSA 169-B or children in need of services (CHINS) pursuant to RSA 169-D, to ensure families and children achieve safety, permanency, and well-being.

(x) “License” means “license” as defined in RSA 170-E:25, XI.

(y) “NH bridges” means the case management, tracking, and automated billing system used by DCYF for children who are in out-of-home placement or for whom the department has a legal responsibility, or both.

(z) “Permanency plan” means the set of goal-directed activities designed by DCYF, the parents, and the child that will achieve legal, emotional and physical permanency for children in foster care.

(aa) “Physical intervention” means a behavior management technique through which staff or foster parent(s) use the minimum amount of physical contact on a child, which is necessary for the circumstances. This term includes “physical management.” Physical intervention might be reportable under RSA 126-U.

(ab) “Policies” mean written guidelines, practices, and procedures specifying the current and future actions to be taken that direct the operation of the foster care program.

(ac) “Prescribing practitioner” means any of the following state licensed healthcare providers, that provide services identified in 42 CFR 440.130 to reduce a physical or mental disability, and aid in the restoration of a recipient to their best functioning level:

(1) Health care providers licensed in accordance with RSA 326-B;

(2) Physicians;

(3) Physician’s assistants;

(4) Any practitioner licensed by the New Hampshire board of mental health practice; and

(5) Any practitioner licensed by the New Hampshire board of psychologists.

(ad) “Program” means an identifiable system of social service interventions designed for an individual child or groups of children.

(ae) “Program coordinator” means the individual responsible for the daily administration of a foster care program.

(af) “Progress reports” means the monthly written notes sent to DCYF and the parent(s) or guardian(s) by the staff of a foster care program which document the services being provided to the child.

(ag) “Psycho-social assessment” means a type of professional assessment, which provides a clinical summary derived from a multidimensional evaluation of psychological, sociocultural, and environmental factors that are components of a presenting issue. It includes results of tests and evaluations, brief expressive descriptions of the problem, and an inventory of actual and potential assets and resources, the prognosis, and analysis of what is needed or planned to achieve the desired outcomes. The term “psycho-social assessment” includes a psychosocial diagnosis.

(ah) “Quality assurance” means the process that DCYF staff use to monitor, support, and provide technical assistance to foster care programs to assist in their ability to comply with He-C 6355.

(ai) “Residential treatment program” means the model and implementation of services to meet the treatment and supervision needs of the children pursuant to RSA 170-G:4, XVIII, and provide 24 hour care of children 365 days a year including all of the employees therein.

(aj) “Respite care” means “respite care” as defined in RSA 170-E:25, XV.

(ak) “Restraint” means “restraint” as defined in RSA 126-U:1, IV.

(al) “Runaway” means a child who has failed to return to the child’s placement, has hid, or concealed themself without permission of their legal custodian, foster care provider, or supervising authority.

(am) “Seclusion” means “seclusion” as defined in RSA 126-U:1, V-a.

(an) “Supervision” means an administrative, supportive, and educational process used extensively in foster care programs to help case managers and clinical staff develop and refine their skills, so they are able to provide quality care and treatment to the child and their family.

(ao) “Transitional plan” means an agreement made between a foster care program and the residential treatment team to set responsibilities, roles, and timeframes for the completion of tasks to complete the transition of a child from a residential treatment program to a foster care program.

(ap) “Transitional visit” means a visit which is part of the child’s community re-integration and transition process approved in the transitional plan that will support the matching and temporary overnight visitation of a child into a licensed foster family home towards the goal of achieving a successful permanent placement.

(aq) “Treatment plan” means the written, time-limited, goal-oriented, therapeutic plan developed by the treatment team for the child and family, which includes the strategies to address the issues that brought the child into placement, and which is consistent with rehabilitative and restorative services.

(ar) “Treatment team” means the individuals including, at a minimum, the child, if developmentally appropriate, the child’s parent(s) and guardian(s), foster parent, foster care program clinical staff, prescribing practitioner, and DCYF staff.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.02 Application Process {#sec-he-c-6355.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.02}

(a) A licensed foster family home shall be considered compliant with certification standards when it is determined to be in compliance with He-C 6446.

(b) A staffed foster family home shall be considered compliant with certification standards when it is determined to be in compliance with He-C 6355.11 and He-C 6446.

(c) Each foster care program shall be determined eligible for certification by demonstrating in its application that it meets the quality and performance certification standards in He-C 6355.

(d) Each foster care program applicant shall demonstrate compliance with RSA 170-G:4, XVII, He-C 6380, enrollment and payment requirements, and He-C 6420, Medicaid covered services in residential facilities.

(e) Any foster care program as defined in He-C 6355.01(t) above, licensed in accordance with RSA 170-E, He-C 6446, or from another state, that seeks certification in accordance with He-C 6355 shall request application Form 2612 “Certification For Payment Application - Foster Care Program,” (March 2025) from DCYF and be supported by a need identified by DCYF in accordance with RSA 170-G:4.

(f) The application in (e) above shall be completed, signed and dated by the foster care program’s executive director, or designee, affirming or agreeing with all of the following:

“I have reviewed the Administrative Rules He-C 6355 and He-C 6446 and will adhere to the rules as a certified provider. I authorize the NH Division for Children, Youth and Families (DCYF) to conduct a certification for payment review to determine the program’s compliance with Administrative Rules He-C 6355 and He-C 6446. I further understand that DCYF has the right to verify information contained in this application.

I attest that the program is in compliance with He-C 6355, He-C 6446 and the applicable Medicaid rules, and that all information provided as part of the application, and in the required attachments is true and complete to the best of my knowledge.

I certify that the following pre-employment checks were completed for all staff, and reviewed as required in He-C 6355.04, a criminal record check, a BAAS state registry check, a DCYF central registry check and a NH motor vehicle record check.

I understand and agree to cooperate with a site visit as part of the application process.

The information contained in this application is correct to the best of my knowledge.”

(g) The completed application in (e) above shall be returned to DCYF within 90 days of receipt.

(h) The applicant shall provide the following information with the application in (e) above:

(1) A narrative, which shall include:

a. A description of the foster care program being proposed, to include any specialized services and the population the program desires to serve;

b. The documented need for the program as required by RSA 170-G:4, XVIII;

c. A description of how individual needs of children and families will be met, including but not limited to clinical provisions, educational, recreational, independent living, transitional services and case management, as applicable;

d. A description of how the program promotes the safety, permanency, and well-being of children and families;

e. A description of medical services provided or arranged in order to meet the individual needs of children; and

f. The quality assurance process that the applicant intends to use for the program, including all supporting documentation.

(2) Attachments, which shall include:

a. The name, office held, professional affiliation, address, and telephone number of each person on the program’s board of directors;

b. A copy of the program’s license issued in accordance with the following:

For programs in New Hampshire, a copy of the license issued in accordance with RSA 170-E:31 and He-C 6446; or
For programs outside of New Hampshire, documentation from the corresponding state’s regulatory agency(ies);

c. A completed Form 2426 “Residential Resource Guide Provider Form,” (March 2025);

d. A detailed budget describing the costs associated with the delivery of the foster care program; and

e. An organizational chart, to include names, titles, and job descriptions of personnel, and the corresponding credentials which document the education and experience requirements in He-C 6355.16, as applicable; and

(3) A copy of the program’s policies required by He-C 6355.09 and any other policies maintained by the program.

(i) If the type of certification being sought in (e) above is for staffed foster family home care, the following additional information shall be included:

(1) The name and address of 3 non-family members as references for the director, including the most recent employer, if applicable;

(2) The names, addresses, and telephone numbers of the members of the board of directors and advisory board; and

(3) Documentation that the residence and staff have met the requirements of He-C 6446.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by 14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.03 Renewal of Applications {#sec-he-c-6355.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.03}

(a) A licensed foster care program seeking to renew the certification as a foster care program shall file for renewal of certification no later than 3 months prior to the expiration date of the current certification.

(b) The executive director or designee shall complete and sign Form 2612R “Certification for Payment Renewal Application – Foster Care Programs” (March 2025), affirming or agreeing to the following:

(1) “I have reviewed the Administrative Rules He-C 6355 and He-C 6446 and will adhere to the rules as a certified provider. I authorize the NH Division for Children, Youth and Families (DCYF) to conduct a certification for payment review to determine the program’s compliance with administrative rules He-C 6355 and He-C 6446. I further understand that DCYF has the right to verify information contained in this application.”

(2) “I attest that the program is in compliance with He-C 6355, He-C 6446 and the applicable Medicaid rules, and that all information provided as part of the application, and in the required attachments is true and complete to the best of my knowledge.”

(3) “I certify that the following pre-employment checks were completed for all staff, and reviewed as required in He-C 6355.04, a criminal record check, a BAAS state registry check, a DCYF central registry check and a NH motor vehicle record check.”

(4) “I understand and agree to cooperate with a site visit as part of the application process.”

(5) “The information contained in this application is correct to the best of my knowledge.”

(1) A narrative which shall include:

a. A description of any changes made to the program during the last certification period; and

b. The results of the most recent self-evaluation reviewing the program’s performance in meeting identified goals and outcomes; and

(2) Attachments documenting the following:

a. A description of the foster care program being proposed, the documented need for the program, and how individual needs of children and families will be met, including but not limited to, clinical provisions, medical, educational, recreational, independent living, transitional and permanency services, as applicable and how the program promotes the safety, permanency and well-being of children and families, including specialized services that are supported by certifications or accreditations;

b. Any changes made to the program’s board of directors and the names, addresses, and telephone numbers of the new board members;

c. The names and job functions of any personnel hired since the last certification; and

d. A copy of the program’s license or operational approval, in accordance with the following:

For programs in New Hampshire, a copy of the license issued in accordance with RSA 170-E:31; or
For programs outside of New Hampshire, documentation from the corresponding state’s regulatory agency(ies);

e. A completed Form 2426 “Residential Resource Guide Provider Form,” (March 2025).

(d) The foster care program shall cooperate with the department during all site visits conducted in accordance with He-C 6355.27(b)(2).

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.04 Requirements for Background Checks {#sec-he-c-6355.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.04}

(a) The foster care program shall, within 30 days of employment, submit the following for each new staff member who will work directly with children in foster care:

(1) The full name;

(2) The date of birth;

(3) The position for which he or she was hired; and

(4) A notarized statement to confirm that the following pre-employment checks were completed and reviewed:

a. A criminal record;

b. BAAS state registry;

c. DCYF central registry; and

d. A NH motor vehicle record.

(b) The foster care program shall not make a final offer of employment to an individual until:

(1) It has reviewed the criminal record, BAAS state registry, and DCYF central registry and NH motor vehicle record information; and

(2) Has determined if any finding, arrest, criminal conviction, and motor vehicle violation or offense of the employee affects the care and safety of children.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.05 Length of Certification {#sec-he-c-6355.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.05}

Certification shall be valid for 2 years from the date issued, unless certification is voluntarily surrendered by the foster care program, the program closes, or the program’s certification is revoked by the department pursuant to He-C 6355.29.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.06 Reimbursement {#sec-he-c-6355.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.06}

(a) Billing shall begin on the day of admission and continue through the day of discharge.

(b) The department shall only reimburse a certified provider as long as there is no concurrent payment for placement being made to another paid placement. The certified provider shall be reimbursed for the day of admission and the day of discharge, or both if applicable, pursuant to (a) above.

(c) The foster care program may sub-contract with other providers for the range of services required by He-C 6355.12(e)(1)-(11) and He-C 6355.13(n)(1)-(14) as long as the DCYF staff member responsible for the child’s case has approved the arrangement.

(d) Any sub-contractor used on a temporary or long-term basis, as authorized in (c) above, shall operate with a current license in accordance with RSA 170-E or within the scope of their professional license, if required.

(e) DCYF shall not be responsible for payments made by a foster care program to a sub-contractor for services provided in accordance with (d) above.

(f) Any foster care program that readmits a child who has run away or had an acute hospitalization shall be reimbursed pursuant to sections He-C 6355.20 and He-C 6355.21.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.07 Referrals and Admissions to a Foster Care Program {#sec-he-c-6355.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.07}

(a) The foster care program shall make the following information available to the parent(s) or guardian(s) during the admission process:

(1) The philosophy of the program;

(2) Typical routines of the foster family;

(3) The behavior management and disciplinary practices of the program;

(4) Any specific treatment strategy used by the program;

(5) Policies on visitation and other communication with the child;

(6) The services provided to families and the associated costs;

(7) Procedures that the parent(s) or guardian(s) may use to provide input about the care of the child;

(8) The name and telephone number of staff at the foster care program that the parent(s) or guardian(s) may contact;

(9) A description of any religious practices or services available to children;

(10) How the educational needs of children are met; and

(11) How health and medical needs of children are met.

(b) Should the parent(s) or guardian(s) not participate in the admissions process, the same information required in (a) above shall be mailed to them within 7 days of intake. If the parent’s location is unknown, the information shall be provided to DCYF for service to the parent when located.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.08 Discharge Conditions {#sec-he-c-6355.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.08}

(a) Once admitted to the foster care program, the child shall not be discharged unless one or more of the following conditions exist:

(1) The child has successfully completed the program and is ready to transition to their identified permanency plan or concurrent permanency plan;

(2) The treatment team has determined that a less restrictive environment is in the child’s best interest;

(3) The child is a danger to themselves or others and, after intensive staff intervention or crisis stabilization, it is determined that a more restrictive placement is necessary in order to maintain safety;

(4) The child is determined to be in need of psychiatric hospitalization after an emergency mental health evaluation;

(5) The child is a danger to others as determined via delinquency proceedings conducted pursuant to RSA 169-B; or

(6) The child's clinical needs can be best met in another setting as determined in the treatment planning process and the child has been accepted into that setting.

(b) If DCYF or the foster care program determines an unplanned discharge is necessary, all treatment team members shall be provided written, or electronic, notice at least 14 calendar days prior to the requested date that the child in placement is to be removed from their program including the detailed reasons for such request, except if a request for an immediate unplanned discharge is granted due to a circumstance identified in (a)(3), (a)(4), or (a)(5) above.

(c) Prior to a discharge, with the exception of a discharge relative to (a)(3), (a)(4), or (a)(5) above, the foster care program in conjunction with the family and the DCYF representative, or both, shall discuss the transitional services to support family reunification, or the child’s transition to an alternative placement.

(d) When the child is discharged, the foster care program shall provide details around medication management and medical concerns to the entity the child is discharged to, in writing, on the day of discharge.

(e) A written discharge summary shall be completed no later than 15 days after the child's discharge.

(f) The discharge summary shall be filed in the foster care program’s record and a copy shall be sent to the representative from DCYF and the parent(s) or guardian(s).

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.09 Requirements for Written Policies of a Foster Care Program {#sec-he-c-6355.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.09}

The program shall have written policies and procedures on:

(a) The referral, admission, and discharge process;

(b) Recruiting and screening of foster parents;

(d) The services provided to both the foster family and the child’s family to promote permanency and support continued family involvement through placement;

(e) Respite care options;

(f) The array of social and clinical services provided and limitations or conditions for use;

(g) The foster care program’s processes for:

(1) Filing a grievance,

(2) Discharging a child; and

(3) Emergency planning.

(h) The foster care program’s general behavioral and conduct expectations of children including discipline, conduct, and management of children’s adverse behaviors, including:

(1) The methods and tools used for the creation of the individualized treatment plan;

(2) The child management techniques identified to assist foster parents and staff in making decisions regarding children’s behavior;

(3) Acceptable and unacceptable foster parents and staff responses to inappropriate behavior;

(4) The procedures and requirements for reporting and documenting events governed by RSA 126-U;

(5) The guidelines for using timeout, seclusion, and physical intervention in accordance with RSA 126-U and He-C 4001; and

(6) Documentation, by foster parents and staff, of inappropriate behaviors of children and interventions used in response to the child’s conduct;

(7) Obtaining emergency services by foster parents and staff, for children who are demonstrating behaviors that are a threat to self or others;

(8) Documentation and reporting of incidents;

(9) Documentation and reporting of inappropriate conduct of foster parents and staff; and

(10) Use of seclusion and restraint in accordance with RSA 126-U;

(i) The foster care program’s record keeping policies regarding confidentiality; and

(j) The foster care program’s administrative procedures.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.10 Compliance Requirements for Foster Family Homes {#sec-he-c-6355.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.10}

(a) Foster family homes shall provide substitute family life experiences for a child in a home for a planned, temporary time, in accordance with He-C 6446.

(b) These experiences shall include but not be limited to:

(1) Care in a family environment for children who have pending petitions for, or have been adjudicated as, abused or neglected, in need of services, or delinquent;

(2) Access to age and developmentally appropriate opportunities and activities that positively support the child’s education, physical, intellectual, and social needs; and

(3) Opportunities to maintain contact with family and identified connections, as deemed appropriate.

(1) He-C 6446, Foster Family Care Licensing Requirements;

(2) RSA 170-E; and

(3) RSA 126-U.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.11 Compliance Requirements for Staffed Foster Family Homes {#sec-he-c-6355.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.11}

(a) Staffed foster family homes shall provide substitute family life experiences for a child in a home staffed by program personnel, for a planned, temporary time, in accordance with He-C 6446, including but not limited to:

(1) Care in a family environment for children who have pending petitions for, or have been adjudicated as, abused or neglected, in need of services, or delinquent;

(2) Access to age and developmentally appropriate opportunities and activities that positively support the child’s education, physical, intellectual, and social needs;

(3) Opportunities to maintain contact with family and identified connections, as deemed appropriate; and

(4) Staffed foster family homes shall not allow the possession or storage of weapons or firearms on the premises.

(b) Staffed foster family homes shall serve a maximum of 4 children in the foster family home.

(1) He-C 6446, Foster Family Care Licensing Requirements;

(2) RSA 170-E; and

(3) RSA 126-U.

(d) Staffed foster family homes shall be licensed and supervised by the child-placing agency that owns, rents, or leases the property, applied for the certification, and employs the staff assigned to the home.

(e) Staffed foster family homes shall not be required to have full-time resident staff, but shall comply with 24-hour staff coverage for the foster family home, as follows:

(1) Employs direct care staff who meet the education, background, and experience requirements to be a foster parent pursuant to He-C 6446;

(2) Employ a minimum of 2 staff or caregivers during waking hours to provide care and supervision; and

(3) Provide overnight coverage with a minimum of one available staff on the premises.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.12 Compliance Requirements for Therapeutic Foster Care {#sec-he-c-6355.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.12}

(a) Foster care programs certified to provide therapeutic foster care shall demonstrate compliance with this section and:

(1) He-C 6446, Foster Family Care Licensing Requirements;

(2) He-C 6448, Standards for Child Placing Agencies;

(3) He-C 6420, Medicaid Covered Services;

(4) RSA 170-E:25, IV; and

(5) RSA 126-U.

(b) Foster care programs certified to provide therapeutic foster care shall be a licensed child placing agency in New Hampshire or any other state.

(c) Foster care programs certified to provide therapeutic foster care shall be provided in an experienced foster family home that is licensed in accordance with He-C 6446.

(d) Foster care programs certified to provide therapeutic foster care shall provide services to children who have chronic mental, emotional, physical, or behavioral problems that require individual supervision and consistent programmatic structure, in a treatment intensive family environment.

(e) The foster care programs certified to provide therapeutic foster care shall provide, at a minimum, the following services:

(1) Placements in a licensed foster family home in the region where the child has resided unless otherwise requested by DCYF;

(2) Case management services for parents and children;

(3) Counseling and therapeutic interventions;

(4) Coordination of treatment teams, case conferences, and services;

(5) A system for 24-hour, 7-days-per-week crisis response that includes at a minimum, on-call services;

(6) Transportation for the children in the therapeutic foster family home;

(7) Child health support assistance;

(8) Parent education and training;

(9) Behavior and clinical consultation for foster parents, staff, and parents;

(10) Assistance with social development of the child, including but not limited to, child care, developmental pre-school, camp, community, and recreational activities for children; and

(11) A treatment planning process in accordance with this section.

(f) Therapeutic foster family homes shall be supervised by a child placing agency that has a family-centered focus in which foster parents and clinical support staff provide intensive services to children and their families and implement a structured treatment plan.

(g) The foster care program shall be established and designed so that the service delivery system is responsive to the needs of the foster children, families, and therapeutic foster families.

(h) The foster care programs certified to provide therapeutic foster care shall employ at a minimum:

(1) A program coordinator;

(2) A recruitment and licensing specialist;

(3) Clinicians who provide assistance and clinical support to therapeutic foster families; and

(4) A prescribing practitioner.

(i) Unless otherwise determined in the case plan, supportive and clinical services needed to implement the treatment plan shall be provided to the child, family, and the foster parents by the therapeutic foster care program.

(j) The program shall maintain daily documentation of supportive services to the child and foster family to assess and monitor the child's progress. This shall include daily notes completed by the therapeutic foster care parent.

(k) At all treatment team meetings, the program shall outline in the treatment plan the level of support provided to the therapeutic foster care parents to meet the needs of the child and foster family.

(l) The clinician from the foster care program certified to provide therapeutic foster care shall:

(1) Meet the qualifications to be clinical staff in accordance He-C 6355.01(i);

(2) Be supervised by a prescribing practitioner or licensed clinician for a minimum of one hour every 2 weeks;

(3) Deliver the level of support foster parents need to implement the child’s treatment plan in the foster family home and the community;

(4) Coordinate and facilitate the meetings of the treatment team and the services to the child, family, and foster family; and

(5) Provide supportive individual and family counseling and clinical services as determined in the treatment plan for the child, family, and foster family, unless otherwise determined in the case plan.

(m) Therapeutic foster families shall:

(1) Participate in weekly face-to-face supervisory visits in the foster family home provided by the program;

(2) Provide daily written notes each week to the therapeutic foster care program that reflect progress towards the goals and objectives established in the child’s treatment plan;

(3) Care for not more than one foster child, unless assisting DCYF in coordinating care for a sibling group or an approved respite situation; and

(4) Provide no other certified or licensed child care services in the home.

(n) The primary therapeutic foster parent shall:

(1) Be a licensed foster parent who is at least 25 years of age and who has not experienced any major life changes within the past year, including but not limited to: a divorce, death of a spouse or child, or loss of employment;

(2) Have at least 4 years experience providing foster care, and an interest and demonstrated skill in working with children with significant clinical needs;

(3) Demonstrate 24 hour per day availability to meet the child’s needs and provide case management responsibilities;

(4) Complete 24 hours of foster parent training per year, including ongoing and situation-specific topics including but not limited to:

a. Trauma-informed care which incorporates in the treatment an awareness of the impact of traumatic stress on the abused or neglected children and their families;

b. Parenting a child with attachment difficulties;

c. Siblings and family relationships;

d. Educational advocacy;

e. Crisis management and positive behavioral interventions;

f. Understanding and facilitating transitions to permanency; and

g. Self-care of the foster parent; and

(5) Access foster parent support, which shall include, at a minimum, respite care, support groups, social events, and activities.

(o) If the primary therapeutic foster parent is unable to meet the requirements in He-C 6355.12 (n)(3) above, the treatment team or program shall implement a pre-approved plan to support the therapeutic foster parent in meeting the needs of the child.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.13 Compliance Requirements for Individual Service Options Programs {#sec-he-c-6355.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.13}

(a) Individual Service Options (ISOs) programs shall demonstrate compliance with this section and:

(1) He-C 6446, Foster Family Care Licensing Requirements;

(2) He-C 6420, Medicaid Covered Services;

(3) RSA 126-U;

(4) RSA 170-E; and

(5) One of the following:

a. He-C 6448, Standards for Child Placing Agencies; or

b. He-C 4001, New Hampshire Residential Child Care Licensing rules.

(b) An ISO program shall have a current license to operate a residential facility or child placing agency in New Hampshire or any other state.

(c) ISO foster care services shall be provided in an experienced foster family home that is licensed in accordance with He-C 6446.

(d) The ISO program applying for certification shall either be a child placing agency, or a licensed residential child care facility that has foster family homes licensed by another child placing agency, provided that the requirements in (a) above are met.

(e) An ISO program shall have an array of professional, social, and community services that may be accessed to meet the individual needs of a child and the child’s family.

(f) An ISO program shall develop and implement a service delivery system that shall be designed primarily to wrap around individualized programming for children who have chronic mental, emotional, physical, or behavioral problems.

(g) An ISO program shall place only one foster child with a family unless:

(1) A sibling group is being placed together; or

(2) The department and the ISO program determine, following an assessment of the foster parents ability, experience, and skill, that a second unrelated child may be cared for and the safety and well-being of both children can be maintained.

(h) The ISO program shall be designed in such a way that the service delivery system is able to respond immediately and directly to the needs of the child.

(i) ISO programs shall provide services to children who meet the following criteria:

(1) Abused and neglected children, children in need of services (CHINS), and delinquents who have a court order, or children using voluntary services for an ISO foster care placement; and

(2) Children from birth to under 21 years of age, who display or have symptoms of any combination of the following:

a. Chronic mental, emotional, physical, or behavioral problems;

b. Present post-traumatic stress symptoms;

c. Challenging and provocative behaviors;

d. A mental health diagnosis; and

e. Are sexually reactive;

(3) Can participate in a local education program;

(4) Will benefit from out-of-home placement in a foster family home care setting; and

(5) Require intensive supervision and consistent structure.

(j) The ISO program shall determine a child’s acceptance within 10 days of the date of receipt of the referral form, Form 1906 “Referral to Individual Service Options Provider,” (March 2025) completed by the CPSW or JPPO, and the following:

(1) Copies of court orders relating to the approval of and payment for the foster care;

(2) The family’s social history, if completed or as soon as available;

(3) The child’s and family’s available medical history;

(4) The current case plan in its entirety, if completed or as soon as available;

(5) The child’s predispositional investigation, if completed or as soon as available; and

(6) The ISO’s release of information form signed by the parent or guardian.

(k) The ISO program shall provide or coordinate services that meet the clinical needs of the child, child and parent, and the foster family either through services within the program or accessing community services. The program shall coordinate community-based services for the birth family, when requested.

(l) The service delivery system shall be based on the individual needs of the child as identified in the treatment plan.

(m) The ISO program shall conduct and document a psycho-social assessment and develop a treatment plan for each child in accordance with He-C 6355.15.

(n) ISO programs shall provide or coordinate the following services for the child identified for ISO foster care services, as applicable:

(1) Placements in a licensed foster family home in the region where the child has resided, unless otherwise requested by DCYF;

(2) Planned visitation, both supervised and unsupervised, among the parents and the child and siblings or extended family;

(3) Case management, treatment planning, and service coordination, to include assistance in the coordination of:

a. Medical, community mental health, and dental care;

b. Public or private school education;

c. Recreation;

d. Vocational services; and

e. Substance abuse evaluations and random drug testing, if applicable;

(4) Individual counseling and family counseling for the child;

(5) Emergency on-call 24-hour response to crises;

(6) Crisis stabilization;

(7) Respite care in a licensed foster family home or program;

(8) Licensed child care;

(9) Transportation;

(10) Adult living preparation for adolescents;

(11) Administration of medications;

(12) Identification of relatives, mentors, and others who will support or assist the child and family;

(13) Transitional assistance to adult care, if applicable; and

(14) Transitional assistance to reach the permanency goal for the child;

(o) If the program is unable to comply with He-C 6355.13 (n)(1) above, it shall document justification for a placement outside of the region, in accordance with the child’s treatment or service needs.

(p) If the child identified for ISO services is placed with a sibling or sibling group, the foster care program shall only be financially responsible for the child identified for ISO services, and shall assist DCYF in coordinating services for the siblings in the same home.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.14 Crisis Stabilization for a Foster Care Program {#sec-he-c-6355.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.14}

(a) The foster program shall contact the DCYF administrator or designee to request approval of residential crisis stabilization for a child, prior to service delivery.

(b) Crisis stabilization in residential care provided by a foster care program shall not exceed 10 days within each 12-month period that the child is in placement.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.15 Treatment Planning Process for a Foster Care Program {#sec-he-c-6355.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.15}

(a) The treatment planning process shall only apply to therapeutic foster care programs (TFCs) and ISOs.

(b) All foster care programs shall conduct and document a psycho-social assessment of the child with recommendations for treatment. Based on the assessment and recommendations, the program shall conduct a treatment team meeting and develop a treatment plan within 30 calendar days of admitting the child.

(1) The summary of the psycho-social assessment;

(2) Treatment recommendations based on the psycho-social assessment; and

(3) A transition plan for the child and family that includes:

a. An estimate by the treatment team members of the child’s length of stay, based upon referral information and the foster care program’s assessment;

b. The child’s permanency plan and concurrent plan identifying one of the following alternatives for the child in care:

Reunification;
Adoption;
Guardianship by a relative or other person;
Permanent relative placement; or
Another planned permanent living arrangement; and

c. Community reintegration and transition tasks that identify:

Specific necessary supports or services that would enable the child to successfully return to the child’s community;
The treatment team member who is responsible for completing the necessary task; and
The projected time frame for completion of each task.

(d) The treatment plan shall, at a minimum, contain the following domains relating to rehabilitative and restorative services:

(1) Safety and behavior of the child;

(2) Family;

(3) Medical, including community mental health and dental care;

(4) Education; and

(5) Children 14 years of age or older, shall have adult living preparation in addition to general independent living skills.

(e) Each domain identified in (d) above shall address:

(1) The goals and measurable objectives to be achieved by the child and family;

(2) The time frames for completion of goals and objectives;

(3) The method to be used for evaluating the child’s and family’s progress; and

(4) The individualized interventions that shall be used to address the objectives, including:

a. An identification of the services that will be provided directly or arranged for, and any measures for ensuring their integration with the child’s activities including identifying how the child’s family and foster family will participate in the child’s care;

b. An identification of the individuals responsible for implementing the stated interventions in the treatment plan;

c. The frequency of the intervention; and

d. How the intervention is documented.

(f) The treatment team shall consist of the following participants:

(1) The child, if they are of an age, or developmentally appropriate to participate;

(2) The child's parents or guardian;

(3) The child’s foster parent(s);

(4) A representative of DCYF;

(5) The prescribing practitioner;

(6) The sending school district personnel for an identified child, as determined by the school district;

(7) The case manager or clinician from the foster care program; and

(8) Other persons significant in the child's life or case, including but not limited to:

a. Teachers;

b. Counselors;

c. Friends;

d. Relatives;

e. CASA or GAL;

f. Family Assessment and Inclusive Reunification (FAIR) facilitator, which is the administrative reviewer required pursuant to 42 USC 675;

g. Educational surrogate; and

h. Other advocates assigned by the court.

(g) The treatment plan shall include the date and signatures of the following team members, indicating they participated in the process:

(1) The foster care program’s program director or clinical coordinator;

(2) A representative of DCYF;

(3) For Medicaid funding, the name of the prescribing practitioner. If the prescribing practitioner is also the clinical coordinator, they shall indicate these dual functions;

(4) The clinician or the case manager of the foster care program;

(5) The child, if appropriate for the age or developmental level;

(6) The child’s parents or guardian. If DCYF is the guardian, the worker shall sign to indicate the dual functions; and

(7) The child’s foster parent(s).

(h) When any of the individuals in (g) above do not participate, the foster care program shall document its efforts to involve them.

(i) Revisions to the treatment plan shall be explained in writing to any individuals of the team who are unable to participate and documented in the child’s file.

(j) The treatment team shall implement the treatment plan, which shall be reflected in the child’s daily routine, logs, progress notes, and discharge summary.

(k) The treatment plan shall be filed in the child’s record and copies sent to the individuals identified in (g) above and the legally liable school district.

(l) An internal treatment plan review meeting shall be held by the foster care program’s staff 3 months from the date of the initial treatment plan meeting, to evaluate progress made towards the established goals and objectives.

(m) The treatment team shall meet 6 months from the date of the initial plan to:

(1) Update the treatment plan;

(2) Document progress towards objectives; and

(3) Review the requirements in (d) through (e) above.

(n) For children whose care is extended beyond the 6-month treatment plan meeting, the treatment team shall meet every 3 months thereafter, as in (m) above, or more frequently if necessary until the community reintegration and transition plan is implemented or an alternative discharge plan has occurred.

(o) The foster care program shall be allowed a 7 calendar day extension to acquire signatures on the treatment plans. Reasonable efforts to obtain the signature of the parent(s) or guardian(s) and DCYF shall be documented as meeting this requirement.

(p) Once the treatment plan is completed, foster parents, case managers, and clinicians shall receive direct supervision and instruction from the foster care program with oversight by the prescribing practitioner to assure that each child’s treatment plan is consistently implemented.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.16 Staffing and Training Requirements for a Foster Care Program {#sec-he-c-6355.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.16}

(a) Foster care programs shall provide the following staff:

(1) A program coordinator who has the following minimum qualifications:

a. A master’s degree in social work, psychology, education or a related field, with an emphasis in human services;

b. Two years of clinical experience working with families; and

c. Two years of supervisory or management experience;

(2) At least one clinician pursuant to He-C 6355.01(i), who has 2 years clinically supervised experience working with children and families.

(3) Case managers pursuant to He-C 6355.01(c);

(4) A prescribing practitioner who is employed by the program or has a current contract or like agreement with the program;

(5) A recruitment and licensing specialist who shall:

a. Recruit and screen applicants to be licensed as a foster family care provider;

b. Perform or coordinate a home study and recommend foster parents for licensure;

c. Coordinate pre-service training for prospective foster parents;

d. Coordinate ongoing training opportunities and monthly support groups for foster parents in accordance with the requirements of He-C 6446;

e. Participate in the matching of children with licensed foster family homes; and

f. Monitor foster family homes for compliance with He-C 6446; and

(6) Trained foster parents available to meet the needs of the children accepted into the program.

(b) Clinicians who provide services to the children, foster care programs, and families shall:

(1) Participate in weekly supervision with the prescribing practitioner or clinical coordinator, which shall include a discussion of each case and a review of the progress made by the child and family towards the goals of the treatment plan;

(2) Receive 40 hours of specialized training during each year of employment, which shall be in individual and family issues and include:

a. Current family systems theory;

b. Current psychology of family systems;

c. Ethics;

d. Trauma-informed care;

e. Any evidence-based programs pertinent to the service population; and

f. Up to 15 hours of weekly supervision; and

(3) Clinicians shall not exceed a maximum of 10 concurrent cases.

(1) Receive weekly supervision by a licensed clinician, or clinical coordinator, for a minimum of one hour every week, including a discussion of each case and a review of the progress made by the child and family towards the goals of the treatment plan;

(2) Receive 30 hours of specialized training during each year of employment which shall include:

a. Ethics;

b. Current practice;

c. Needs of the service population; and

d. Up to 8 hours of weekly supervision; and

(3) Case managers shall not exceed a maximum of 6 concurrent cases.

(d) Recruitment and licensing specialists shall receive 20 hours of training during each year of employment on topics related to foster care, which shall include recruitment techniques, and retention and training of foster parents.

(e) Foster parents shall receive a minimum of 24 hours of training each year on the provision of care based on the direction of the foster care program.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.17 Record Keeping and Reporting Requirements for a Foster Care Program {#sec-he-c-6355.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.17}

(a) Each foster care program shall provide DCYF with a monthly progress report for each child in its care.

(b) Progress reports on the child’s involvement in services shall be provided to the child’s parent(s) or guardian(s) unless contraindicated by a court order, or if DCYF has applied for or is in the process of applying for a court order.

(c) Progress reports shall be mailed to DCYF, and parent(s) or guardian(s) no later than the 15th day of the month following the date of the progress report. If the child has been in care for fewer than 14 calendar days, the information may be included in the most appropriate monthly progress note or discharge summary.

(d) The progress report shall include:

(1) The child’s name and date of birth;

(2) The name of the person completing the report and the date of the report;

(3) The name of the foster care program; and

(4) The date of placement.

(e) Progress reports shall address the following areas of care:

(1) Status of each domain identified in the treatment plan including notable changes in specific goals or objectives;

(2) Summary of contacts with the child’s family and identified connections;

(3) Modifications to the treatment plan;

(4) Educational data;

(5) Contact with other professionals;

(6) Information about the child’s medical status, behavioral health care, and dental issues, including but not limited to:

a. Prescriptions and current dosages;

b. List of over the counter medication;

c. Dates of visits during the month being reported;

d. New health care issues and diagnosis;

e. Next scheduled visits; and

f. Name of health care practitioner and office address;

(7) Summary of any incidents or incident reports including reports of the use of seclusion and restraint as required by RSA 126-U during the period being reported on; and

(8) Disposition of grievances.

(f) For youth who are age 14 or older, progress reports shall include documentation of adult living preparation progress, including:

(1) Independent living training that was completed by staff or foster parents and the child;

(2) Post-care planning completed with the child; and

(3) A Form 1969 “Monthly NYTD Checklist” (March 2025)) completed by the foster care program, for the purpose of collecting data for the National Youth in Transition Database (NYTD) pursuant to 45 CFR 1356.80.

(g) The program shall keep records including a case record on each child and the child’s family that contains:

(1) The assessment used for the development of the treatment plan;

(2) The signed treatment plan and revisions thereto;

(3) Weekly contact logs completed by the case manager or clinician documenting at least one Medicaid covered service;

(4) Daily child and family progress notes documented by the foster parent, including at least one Medicaid covered service provided every 7 days;

(5) Documentation of therapeutic work with the child(ren) and all identified members of the family system, in support of the case plan and treatment goals;

(6) Copies of medical release(s);

(7) Copies of the completed Form 1552 “Child/Youth Information Sheet” (June 2020), as provided by DCYF;

(8) A record of health care visits including the date, the reason for the visit, provider name, and address;

(9) Any protocol for the handling and transferring of psychotropic meds;

(10) Monthly progress reports;

(11) Any incident reports including reports of the use of seclusion and restraint as required by RSA 126-U; and

(12) A discharge summary, if applicable, sent within 15 days of discharge including the following information:

a. The results of the services provided, including the outcomes of the goals and objectives identified in the child’s treatment plan;

b. The needs of the child and family which remain to be met and the services which will meet those needs;

c. For planned discharges, an individualized aftercare plan for each child being reunified with their family;

d. Form 1552 “Child/Youth Information Sheet” (June 2020), as provided by the department and updated by the foster care program; and

e. Documentation of interventions utilized and the success or ineffectiveness of those interventions.

(h) Upon discharge from the foster care program, the program shall transfer the child’s health care information to the new provider or to the parents or guardian.

(i) Incident reports, including reports of seclusion and restraint required by RSA 126-U:7-a, shall include, at a minimum:

(1) The date;

(2) Where the incident occurred, if applicable;

(3) A detailed description of what occurred prior to, during and after the incident;

(4) The names of all parties involved;

(5) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during or after the incident; and

(6) How the incident was resolved and any outstanding need for follow-up.

(j) Unless prohibited by court order, the foster care program shall provide notification and documentation of the incident, as follows:

(1) The foster care program shall provide verbal notification of the incident to the parent(s), guardian(s), and DCYF as soon as practicable or within 24 hours whichever is earlier;

(2) For any incident where a child is missing or runs away, or the child suffers an injury, which requires emergency care, the foster care program shall provide immediate verbal notice to the parent(s), guardian(s) and DCYF;

(3) The foster care program shall provide a copy of the written incident report described in (i) above to the child’s parent(s), guardian(s) and DCYF within 5 business days of the incident; and

(4) Pursuant to RSA 126-U:7-a, for an incident involving serious injury or death during the use of seclusion or restraint:

a. The foster care program shall provide verbal notice of the incident immediately to DCYF;

b. The foster care program shall provide a copy of the incident report shall be delivered to DCYF within 48 hours of the incident;

c. DCYF shall provide verbal notice to the commissioner, the attorney general, and the state’s federally-designated protection and advocacy agency for individuals with disabilities as soon as practicable or within 24 hours of the incident, whichever is earlier; and

d. DCYF shall send a copy of the incident report to the commissioner, the attorney general, and the state’s federally-designated protection and advocacy agency for individuals with disabilities within 5 business days of receipt of the report of the incident.

(k) Child-specific reports written by the program shall be available for review by the child’s parent(s) or guardian(s) unless contraindicated by the court order or if DCYF has applied for or is in the process of applying for a court order.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.18 Transitions to a Foster Care Program from a Residential Treatment Program {#sec-he-c-6355.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.18}

(a) All transitional visits shall be implemented in accordance with DCYF’s case plan and the residential program’s treatment plan for the child.

(b) The identified foster care program shall become a member of the child’s treatment team.

(c) The treatment team shall develop a written transitional plan and agreement in accordance with the case plan, which shall address the length of the transition not to exceed 3 months, the transportation needs, and other services required to make the transition successful.

(d) The foster care program shall be responsible for:

(1) Coordinating transitional visits with DCYF and the residential program;

(2) Preparing foster parents for the child’s visits;

(3) Providing support and services to the foster parents as identified in the transition plan;

(4) Responding to the foster parents’ needs during the visit; and

(5) Providing information to the residential program and DCYF concerning the outcome of the visit.

(e) Pursuant to He-C 6350.25(c), the residential program shall remain available to respond to any crisis during a transitional visit including returning the child to the program.

(f) The foster care program shall be responsible for the supervision of the child during a transitional visit.

(g) The foster family shall receive a stipend for the DCYF identified respite rate for overnight transitional visits. The foster care program shall provide any additional support requested by the foster family, as identified in the transitional plan.

(h) The process for transitional visits shall not exceed a total of 10 overnights as specified in the child’s transitional plan.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.19 Respite Care {#sec-he-c-6355.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.19}

(a) Foster care programs shall provide an array of respite options, including at a minimum:

(1) Hourly staff support;

(2) In-home and out-of-home care;

(3) Alternative child care arrangements as described in the treatment plan; and

(4) Emergency respite care.

(b) Overnight respite care providers shall be licensed providers, relatives of the child who are approved, or anyone who has another connection with the child and who has been approved by the treatment team.

(c) Foster care programs may provide respite services for another foster child in care, unless contraindicated by either child’s treatment plan, and as approved by DCYF.

(d) If a sibling group is placed together, the foster care programs shall assist DCYF in coordinating respite care for the sibling group, and shall be financially responsible only for the child identified for ISO services.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.20 Access to In-Patient Care {#sec-he-c-6355.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.20}

(a) A foster care program shall notify DCYF immediately upon learning of a child’s need for inpatient or acute care.

(b) Should a child be admitted to an in-patient psychiatric or acute care hospital, the sending foster care program shall be reimbursed by the department at the authorized board, care, and treatment rate for up to 10 consecutive days, if the following criteria are met:

(1) The foster care program remains available to expedite the return of the child to the foster family home; and

(2) The foster care program and the placement provider remain in contact with the child during the child’s hospitalization through attendance at treatment team meetings, phone contact, and visitation.

(c) While the child is admitted or hospitalized in accordance with (a) above, the sending foster care program shall not bill medicaid.

(d) If it is known at the time of the admission or hospitalization that the child will not be returning to the foster care program then the child’s payment authorization to the program shall be closed out immediately.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.21 Runaways {#sec-he-c-6355.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.21}

(a) Foster care programs shall notify DCYF immediately upon learning that the child has run away.

(b) Foster care programs shall continue to be reimbursed by DCYF at their authorized board and care and treatment rate for up to 10 consecutive days if the following conditions are met:

(1) The foster care program remains available to expedite the return of the child to the program; and

(2) The child has not been placed into another DCYF funded residential treatment program during that time period.

(c) If a child runs away, the foster care program shall not bill medicaid during the time that the child is absent without leave.

(d) If it is known at the time a child runs away that the child will not be returning to the foster care program then the child’s payment authorization to the program shall be closed out immediately.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.22 Education {#sec-he-c-6355.22 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.22}

(a) Foster care programs shall work cooperatively with the licensing agency, DCYF, the parent(s) or guardian(s) of the child in care, and the school in providing for the education of the child in care.

(b) The child shall be enrolled in the local public school unless the child’s needs require an alternative approved educational program.

(c) The foster care program shall assist in implementing the individual education plan for a child in care who has been identified as educationally disabled.

(d) The foster care program shall make time and space available for studying and shall ensure that children have access to reference materials.

(e) The foster care program shall support the on-going education and career planning for youth over the age of 14.

(f) The foster care program shall ensure that life skills training is available and appropriate to the age and abilities of the child, including life skills training in:

(1) Family roles;

(2) Sex education;

(3) Hygiene;

(4) Social development; and

(5) Self-care.

(g) Foster care programs shall assist a child who is eligible, to participate in the DCYF adult living program, and receive education in the following:

(1) Consumer education;

(2) Money management;

(3) Housing needs;

(4) Higher education; and

(5) Career planning.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.23 Adult Living Preparation {#sec-he-c-6355.23 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.23}

(a) Foster care programs shall assist children to restore their developmentally appropriate skills and prepare for adulthood, by complying with the adult living preparation requirements and assisting in the completion of the DCYF adult living preparation documents.

(b) Foster care programs shall identify and meet the adult living needs of children who are age 14 or older.

(c) Information obtained through the adult living preparation shall be shared with the program through DCYF and included in the treatment plan, daily logs, monthly progress reports, and discharge summary, as appropriate.

(d) The process of completing or updating adult living preparation plans shall be done in collaboration with the DCYF worker and the child.

(e) Foster parents or program staff shall complete and submit Form 1969 “Monthly NYTD Checklist,” ( March 2025)) each month pursuant to He-C 6355.17(f).

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.24 Health Care {#sec-he-c-6355.24 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.24}

(a) Pursuant to He-C 6355.15(d)(3), foster care programs shall comply with the child’s treatment plan for health care by:

(1) Arranging for health care services as set forth in the child’s treatment plan;

(2) Consulting with the DCYF health care coordinator at the state office when planning for the psychotropic needs of a child in care.

(3) Ensuring that the prescribed program of immunizations is followed.

(b) Arranging for other routine and emergency health care visits and services as appropriate and as needed.

(c) Foster care programs shall maintain a record of the health care visits of a child in care, in accordance with He-C 6355.17(e)(6).

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15; ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.25 Out-of-State Travel {#sec-he-c-6355.25 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.25}

(a) The foster care program’s staff shall obtain written permission from a child’s parent(s) or legal guardian(s) before transporting a child outside the state of New Hampshire.

(b) The foster care program’s staff shall obtain written permission from a child’s parent(s), legal guardian(s) and DCYF before allowing out-of-state travel for overnight visits.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15 (from He-C 6355.24); ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.26 Visitation and Interactions with Family and Friends {#sec-he-c-6355.26 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.26}

(a) The foster care program shall encourage positive social relationships and life-long permanent connections with nurturing adults.

(b) The foster care program shall create and implement a plan with DCYF and the child’s parent(s) or guardian(s) to maintain a strong and consistent relationship between the child and the child’s family in accordance with the court order, if family interactions are supported by the permanency plan required in He-C 6355.15(c)(3)(b).

(1) Include the location where visits will take place and outline the plan for transportation arrangements;

(2) Ensure visitation environments and locations present optimal opportunities for positive interactions between the child and the visiting individual(s);

(3) Specify the length of time and frequency of visits;

(4) Address privacy and safety issues, including the need for supervised visitation if required;

(5) Identify a variety of ways by which family, guardian(s) and friends may interact with the child including, but not limited to, phone contact and postal and electronic communication; and

(6) Provide feedback to the team regarding how the visits have been and the needs and expectations of future visitation.

(d) The foster care program shall further support the child in maintaining connections through receiving and sending mail, use of electronic web-based communications, and phone, unless contraindicated in the treatment plan.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15 (from He-C 6355.25); ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.27 Quality Assurance {#sec-he-c-6355.27 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.27}

(a) The foster care program shall cooperate with DCYF in gathering data relative to outcome measures, as follows:

(1) Provide quarterly data as requested by DCYF;

(2) Provide an annual data report to DCYF, 30 days after the end of the calendar year; and

(3) Provide an annual narrative report on the number of children served, work that was accomplished, and any system barriers to the DCYF foster care specialist.

(b) DCYF shall conduct quality assurance reviews with each foster care program, consisting of the following:

(1) A review of all case records, including all foster family home and child treatment records;

(2) A review of the renewal application as described in He-C 6355.03;

(3) An annual analysis of the referral data and statistics;

(4) An initial on-site visit conducted within the first year of a new foster care agency program’s operation;

(5) For currently certified programs, an on-site visit once every 2 years; and

(6) An exit interview held with the executive director to review issues of noncompliance, areas of concern, observations, and commendations.

(c) Should it be determined during any departmental visit or quality assurance review that there are areas of non-compliance with this section, DCYF will require the foster care program to submit a plan of correction within 30 calendar days of the date of receipt of the notice of non-compliance.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15 (from He-C 6355.26); ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.28 Waiver Process for a Foster Care {#sec-he-c-6355.28 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.28}

Program.

(a) Waivers of requirements for a specific foster family home shall comply with He-C 6446.26.

(b) Applicants or programs seeking a waiver of a requirement set forth in He-C 6355.02 – He-C 6355.13 shall submit a written request to the department, including the following information:

(1) The rule number for which the waiver is being requested;

(2) The anticipated length of time for which the requested waiver will be needed;

(3) The reason for requesting the waiver;

(4) If the waiver is granted, how the foster care program shall continue to provide for quality care of the children in light of the waiver;

(5) A plan specifying how the foster care program shall meet the intent of He-C 6355.02 – He-C 6355.13 if the waiver is granted;

(6) The impact on the child and family if the waiver is not granted;

(7) The potential impact on all children affected by the waiver request; and

(8) A statement attesting that the request is not out of compliance with the program’s licensing requirements in RSA 170-E:31.

(c) When a waiver request involves prospective staff who do not meet the certification qualifications, the program shall not hire the individual until the department has made a decision to grant or deny the waiver request.

(d) A request for a waiver shall be approved if the department determines it meets the following criteria:

(1) The requested waiver will not jeopardize the quality of care and service provided to children;

(2) The requested waiver will not be a violation of a state law; and

(3) The foster care program has an alternative plan for complying with the intent of the rule.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15 (from He-C 6355.27); ); ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.29 Denial and Revocation of Certification for Payment {#sec-he-c-6355.29 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.29}

(a) The department shall deny an initial application when the applicant has not met the requirements set forth in He-C 6355.02.

(b) The department shall revoke certification for payment when it determines that the applicant is non-compliant with He-C 6355, or has had its license denied, revoked or suspended in accordance with RSA 170-E:35.

(c) The department shall not renew the request for certification for payment if a foster care program notifies the department that it will no longer accept children from NH into its program when the program is not at full capacity.

(d) Revocation of certification for payment shall include removal of the program from the NH bridges payment system, and initiate the department’s recoupment of unused funds, if applicable.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15 (from He-C 6355.28); ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.30 Notification of Denial or Revocation {#sec-he-c-6355.30 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.30}

(a) If the department denies or revokes certification for payment to an applicant or a foster care program, a letter shall be sent to the applicant or foster care program by certified mail that sets forth the reasons for the denial or revocation.

(b) The denial or revocation shall become final 10 business days after receipt of the letter referenced in (a) above, unless the applicant or certified program requests a hearing pursuant to RSA 170-G:4-a.

History

#8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15
#10783, eff 2-13-15 (from He-C 6355.29); ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

N.H. Code Admin. R. Ann. He-C 6355.31 Administrative Appeals and Hearings {#sec-he-c-6355.31 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6355.31}

(a) Applicants or certified programs that plan to appeal a decision made by the department relative to the denial of an application or revocation of certification, shall file an appeal with the commissioner, within 10 business days of the date of the letter or other written notification of the action, pursuant to RSA 170-G:4-a, RSA 541-A and He-C 200.

(b) The appeal shall be:

(1) Made in writing;

(2) Signed by a person authorized to submit the appeal; and

(3) State the reasons for the appeal pursuant to RSA 170-G:4-a.

Appendix A

Documents Incorporated by Reference

Location in the Rule of the Document to be Incorporated by Reference

Title of the Document to be Incorporated by Reference

How to Obtain the Document and the Cost of Document to be Incorporated by Reference

He-C 6344.05(e) and He-C 6344.06(e)

“Mental Health Domestic Violence Protocols” (1996) NH Governor’s Commission on Domestic Violence”

The document is available free of charge on line at: http://doj.nh.gov/criminal/victim-assistance/protocols.htm

APPENDIX B

RULE

SPECIFIC STATE OR FEDERAL STATUTE THE RULE IMPLEMENTS

He-C 6339.01

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6339.02

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6339.03

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6339.04

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6339.05

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6339.06

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6339.07

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6339.08

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6339.09

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6339.10

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6339.11

RSA 170-G:4, XVII; RSA 170-G:5; RSA 170-E:42

He-C 6339.12

RSA 170-G:4, XVIII; RSA 170-G:5;RSA 170-E:42

He-C 6339.13

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:42

He-C 6339.14

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:42

He-C 6339.15

RSA 170-G:4, XVIII;RSA 170-G:5; RSA 170-E:42

He-C 6339.16

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:42

He-C 6339.17

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:42

He-C 6339.18

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:42

He-C 6339.19

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:42

He-C 6339.20

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:42

He-C 6339.21

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:42

He-C 6339.22

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:42

He-C 6339.23

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:42

He-C 6339.24

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:42

He-C 6339.25

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-G:4-a

He-C 6340.01- 6340.10

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6340.11

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 126-A:3

He-C 6340.12-6340.19

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.01

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.02

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.03

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.04

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.05

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 326-I

He-C 6341.06

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.07

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.08

RSA 170-G:4, XVIII; RSA 170-G:5 and RSA 161:2, VI

He-C 6341.09

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.10

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.11

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.12

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.13

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.14

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.15

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.16

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.17

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.18

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.19

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.20

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.21

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6341.22

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.01

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.02

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.03

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.04

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.05

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.06

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.07

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.08

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.09

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.10

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.11

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.12

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.13

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.14

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.15

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.16

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6342.17

RSA 170-G:4, XVIII; RSA 170-G:4-a; RSA 170-G:5

He-C 6343.01

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.02

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.03

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.04

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.05

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.06

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.07

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.08

RSA 170-G:4, XVIII; RSA 170-G:5 and RSA 161:2, VI

He-C 6343.09

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.10

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.11

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.12

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.13

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.14

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.15

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.16

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.17

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.18

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.19

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.20

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.21

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.22

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.23

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.24

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.25

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.26

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6343.27

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.01

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.02

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.03

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.04

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.05

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 330-A

He-C 6344.06

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 135-C:10

He-C 6344.07

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 330-A:10, XII

He-C 6344.08

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 135-C:7

He-C 6344.09

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.10

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.11

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.12

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.13

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.14

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.15

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 126-A:3, II

He-C 6344.16

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.17

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.18

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.19

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.20

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.21

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.22

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.23

RSA 170-G:4, XVIII; RSA 170-G:5; and RSA 330-A:23

He-C 6344.24

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.25

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 330-A:10, VI-X

He-C 6344.26

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6344.27

RSA 170-G:4, XVIII; RSA 170-G:5 RSA 170-G:4-a. I

He-C 6346.01

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.02

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.03

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.04

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.05

RSA 170-G:4, XVIII, RSA 170-G:5

He-C 6346.06

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.07

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.08

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.09

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.10

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.11

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 126-A:3

He-C 6346.12

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.13

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.14

RSA 170-G:4, VIII; RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.15

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.16

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.17

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.18

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6346.19

RSA 170-G:4-a,I; RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6347.01

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6347.02

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6347.03

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6347.04

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:27; RSA 169-C:29-30

He-C 6347.05

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:25

He-C 6347.06

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6347.07

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:34

He-C 6347.08

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:34

He-C 6347.09

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:34

He-C 6347.10

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:34

He-C 6347.11

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:34; RSA 170-E:53

He-C 6347.12

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:34

He-C 6347.13

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:34

He-C 6347.14

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:31

He-C 6347.15

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:32

He-C 6347.16

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:34

He-C 6347.17

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6347.18

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6347.19

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 126-A:3

He-C 6347.20

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6347.21

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:42

He-C 6347.22

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 541-A:22,IV

He-C 6347.23

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:35

He-C 6347.24

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:36

He-C 6347.25

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E: 36;

He-C 6347.26

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:34,I(e); RSA 170-E:35-37

He-C 6348.01-He-C 6348.04

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6348.05

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 126-A:3,II

He-C 6348.06-He-C 6348.08

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6348.09

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 161:2, VI

He-C 6348.10-He-C 6348.14

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6348.15

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-G:4a,I

He-C 6349.01

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6349.02

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6349.03

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6349.04

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:3, I (c); RSA 170-E:4

He-C 6349.05

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:3 (a); RSA 170-E:4

He-C 6349.06

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:3(a); RSA 170-E:4

He-C 6349.07

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:4; RSA 170-E:6;

RSA 170-E:7

He-C 6349.08

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:3(a)

He-C 6349.09

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6349.10

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E 7

He-C 6349.11

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6349.12

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6349.13

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6349.14

RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6349.15

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:19

He-C 6349.16

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-G:4, VIII

He-C 6349.17

RSA 170-G:4, XVIII ;RSA 170-G:5; RSA 170-E:11, I(m)

He-C 6349.18

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E:12

He-C 6349.19

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-E: 13

He-C 6349.20

RSA 170-G:4,XVIII; RSA 169-GL4-a; RSA 170-E:13

He-C 6349.21

RSA 170-G:4, XVIII; RSA 170-G:5; RSA 170-G:4a,I

He-C 6350.01 - He-C 6350.04

RSA 170-E:25; RSA 170-G:5; RSA 135-F; RSA 169-F

He-C 6350.05 - He-C 6350.07

RSA 170-G:4, XVIII; RSA 135-F; RSA 169-F

He-C 6350.08

RSA 170-G:4, XVIII; RSA 170-G:4-a

He-C 6350.09

RSA 170-G:4, XVIII; RSA 170-G:4, VII

He-C 6350.10

RSA 170-G:4, XVIII; RSA 135-F

He-C 6350.11

RSA 170-G:4, VII; RSA 170-G:4, XVIII

He-C 6350.12 - He-C 6350.14

RSA 170-G:4, XVIII; 45 CFR 1356.80

He-C 6350.15

RSA 126-U; RSA 170-E:25; RSA 170-G:4, III; RSA 170-G:4, XVIII

He-C 6350.16 - He-C 6350.17

RSA 170-E:25, II(b); RSA 170-G:4, III; RSA 170-G:4, XVIII; RSA 193:28

He-C 6350.18

RSA 170-G:4, III; RSA 170-G:4, XVIII

He-C 6350.19 - He-C 6350.22

RSA 170-E:25, II(c); RSA 170-G:4, III; RSA 170-G:4, XVIII

He-C 6350.23

RSA 170-G:4, III; RSA 170-G:4, XVIII; RSA 193:27

He-C 6350.24

RSA 169-F:7; RSA 170-G:4, III; RSA 170-G:4, XVIII; RSA 193:27

He-C 6350.25 - He-C 6350.33

RSA 170-G:4, III; RSA 170-G:4, XVIII; RSA 193:27

He-C 6350.34

RSA 169-F:7; RSA 170-E:25; RSA 170-G:5

He-C 6350.35

RSA 169-B; RSA 169-C; RSA 169-D; RSA 170-E:25; RSA 170-G:5

He-C 6350.36

RSA 170-E:25; RSA 170-G:5

He-C 6350.37

RSA 169-B; RSA 169-C; RSA 169-D; RSA 169-F:7; RSA 170-E:25; RSA 170-G:5

He-C 6354.01

RSA 170-G:4, VI

He-C 6354.02

RSA 170-G:4, VI

He-C 6354.03

RSA 170-G:4, VI

He-C 6355.01

RSA 170-G:5; Title IV-E 45 CFR 1355.20

He-C 6355.02 – He-C 6355.08

RSA 170-G:5

He-C 6355.09

RSA 170-G:5; RSA 126-U:7-a

He-C 6355. 10 – He-C 6355.16

RSA 170-G:5; 42 USC 675

He-C 6355.17

RSA 170-G:5; RSA 126-U:7-a; 45 CFR 1356.80

He-C 6355.18 – He-C 6355.27

RSA 170-G:5

He-C 6355.28 – He-C 6355.30

RSA 170-G:5; RSA 170-G:4, XVIII

APPENDIX B

Location of Incorporated by Reference Document

Title of Document to be Incorporated by Reference

Cost and How to Obtain the Document

He-C 6350.23(c)

Diagnostic and Statistical Manual of Mental Disorders, Text Revision (DSM-5-TR), 2022

Publisher: American Psychiatric Association

Cost: $170.00

The incorporated document is available at:

https://www.appi.org/products/dsm

He-C 6350.28(e)(5)

“Casey Life Skills Assessment”, October 2021

Publisher: Casey Life Skills

Cost: none

Available online at no cost at https://www.casey.org/casey-life-skills/.

He-C 6350.28(e)(6) and (7)

“Choices 360 Career Planning Interest Profiler”

Publisher: XAP, LLC

Cost: none

Available online at no cost at http://choices360.com

APPENDIX C

42 USC 672(k)(4)

For purposes of this part, the term “qualified residential treatment program” means a program that—

(A) has a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of children with serious emotional or behavioral disorders or disturbances and, with respect to a child, is able to implement the treatment identified for the child by the assessment of the child required under section 675a(c) of this title;

(B) subject to paragraphs (5) and (6), has registered or licensed nursing staff and other licensed clinical staff who—

(i) provide care within the scope of their practice as defined by State law;

(ii) are on-site according to the treatment model referred to in subparagraph (A); and

(iii) are available 24 hours a day and 7 days a week;

(C) to extent appropriate, and in accordance with the child’s best interests, facilitates participation of family members in the child’s treatment program;

(D) facilitates outreach to the family members of the child, including siblings, documents how the outreach is made (including contact information), and maintains contact information for any known biological family and fictive kin of the child;

(E) documents how family members are integrated into the treatment process for the child, including post-discharge, and how sibling connections are maintained;

(F) provides discharge planning and family-based aftercare support for at least 6 months post-discharge; and

(G) is licensed in accordance with section 671(a)(10) of this title and is accredited by any of the following independent, not-for-profit organizations:

(i) The Commission on Accreditation of Rehabilitation Facilities (CARF).

(ii) The Joint Commission on Accreditation of Healthcare Organizations (JCAHO).

(iii) The Council on Accreditation (COA).

(iv) Any other independent, not-for-profit accrediting organization approved by the Secretary.

History

#10783, eff 2-13-15 (from He-C 6355.30); ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25

Chapter He-C 6400 Program and Service Information

Part He-C 6420 Medicaid Covered Services

N.H. Code Admin. R. Ann. He-C 6420.01 Scope {#sec-he-c-6420.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6420.01}

These rules shall apply to:

(a) Residential treatment programs licensed under RSA 170-E and certified for payment pursuant to He-C 6350, with the exception of independent living homes;

(b) Residential child care treatment programs located outside of New Hampshire that are licensed in accordance with their state’s rules and certified for payment pursuant to He-C 6350; and

(c) Providers of the following placement services under the foster care programs licensed under RSA 170-E and certified for payment pursuant to He-C 6355:

(1) Individual service options foster care; and

(2) Therapeutic foster care.

History

#5804, eff 3-28-94, EXPIRED: 3-28-00
#9028, eff 11-17-07; ss by #10986, eff 11-26-15

N.H. Code Admin. R. Ann. He-C 6420.02 Definitions {#sec-he-c-6420.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6420.02}

(a) “Case plan” means the division for children, youth and families (DCYF) written plan for the child and the family, which outlines how services will be provided, pursuant to RSA 170-G:4, III and 42 U.S.C. 671, Part E-federal payments for foster care and adoption assistance 42 USC 671(a)(16) and 42 USC 675(5)(a)-(D) state plan for foster care and adoption assistance. This term includes “placement plan.”

(b) “Child” means “child” as defined in RSA 170-E:25, I. The term includes “youth” and “resident.”

(c) “Covered service” means a service identified pursuant to He-C 6420.04 that is reimbursable under the state Medicaid program for private non-medical institutions (PNMI), therapeutic foster care, or individual service option (ISO) foster care and provided to a child or family.

(d) “Department” means the department of health and human services of the state of New Hampshire.

(e) “Division for children, youth and families (DCYF)” means the organizational unit of the department of health and human services that provides services to children and youth referred by courts pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, and RSA 463.

(f) “Foster care program” means a licensed child-placing agency licensed under RSA 170-E:25 which recruits, trains, licenses and supervises foster family homes and provides parental care in a licensed foster home on a regular, 24 hours a day residential basis.

(g) “Individual service option (ISO) foster care” means a foster care program in which a variety of intensive therapeutic, social and community based services are provided or coordinated to meet the individual needs of a child and his or her family.

(h) “Medicaid” means the Title XIX and Title XXI programs administered by the department which makes medical assistance available to eligible individuals.

(i) “Medicaid time study” means the method used to identify the portion of a provider’s budget devoted to treatment intervention and rehabilitation services, education, room and board, and administrative activities to identify costs that are reimbursable under the Medicaid covered service pursuant to the U.S. Office of Management and Budget (OMB) Circular A-87, Revised in 5/4/2004.

(j) “Per diem rate” means the amount paid to a provider for each Medicaid eligible child receiving residential or foster care services.

(k) “Prescribing practitioner” means any of the following state licensed health care providers that provide services identified in 42 CFR 440:130 to reduce a physical, intellectual, or behavioral disability and aid in the restoration of a recipient to their best functional level:

(1) Health care providers licensed in accordance with RSA 326-B;

(2) Physicians;

(3) Physician assistants;

(4) Advanced practice registered nurses (APRN); and

(5) Any practitioner licensed by the NH board of mental health practice or NH board of psychologists.

(l) “Private non-medical institution (PNMI)” means a residential treatment program as defined in 42 CFR 434.2, licensed and certified for payment by the department.

(m) “Provider” means foster care program or residential treatment program.

(n) “Rehabilitative services,” pursuant to 42 CFR 440.130 (d), means any medical or remedial services recommended by a physician or other licensed practitioner of the healing arts, within the scope of his or her practice under state law, for maximum reduction of physical or mental disability and restoration of a beneficiary to his or her best possible functional level.

(o) “Residential treatment program” means “child care agency” as defined in RSA 170-E: 25, II, including shelter care facilities as defined in RSA 170-E:25, VIII.

(p) “Therapeutic foster care (TFC)” means a foster care program that has a family-centered focus in which experienced foster parents who meet the requirements in He-C 6335.12(n) and clinical support staff provide comprehensive and intensive clinical and therapeutic services to children who have chronic mental, emotional, physical, or behavioral problems that require a therapeutic treatment plan, individual supervision, and consistent programmatic structure for the child in an intensive family environment.

(q) “Treatment plan” means the residential treatment program or foster care program’s written, time-limited, goal-oriented therapeutic plan for the child and family developed by the treatment team, which includes strategies to address the issues that brought the child into placement and which is consistent with rehabilitative services.

History

#5804, eff 3-28-94, EXPIRED: 3-28-00
#9028, eff 11-17-07; ss by #10986, eff 11-26-15

N.H. Code Admin. R. Ann. He-C 6420.03 Child Eligibility {#sec-he-c-6420.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6420.03}

(a) To be eligible for Medicaid reimbursement for covered services, an individual shall be:

(1) Identified as a child or youth who is receiving residential services pursuant to RSA 169-B, RSA 169-C, or RSA 169-D; and

(2) A Medicaid recipient.

History

#5804, eff 3-28-94, EXPIRED: 3-28-00
#9028, eff 11-17-07; ss by #10986, eff 11-26-15

N.H. Code Admin. R. Ann. He-C 6420.04 Covered Services {#sec-he-c-6420.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6420.04}

(a) Medicaid covered services shall be provided to children as part of the residential component of a residential treatment program or foster care program and shall not be billed to the Medicaid to schools program pursuant to He-M 1301.

(b) Covered services shall be approved by the prescribing practitioner to be medically necessary, using the following criteria:

(1) The services are designed to provide maximum reduction of physical, intellectual, or behavioral disability and restore a child to his or her best possible functional level; and

(2) There is no other equally effective course of treatment available on a fee-for-service basis that is more conservative, less restrictive, or substantially less costly than the per diem rate for residential treatment program or foster care program services.

(1) Be provided in accordance with a child’s treatment plan; and

(2) Be designed to meet the health and rehabilitative needs of a child to address his or her physical, intellectual, or behavioral disability.

(d) Covered services shall include:

(1) Nursing services;

(2) Occupational therapy, including evaluations, treatments or consultations necessary to implement a program of activities to develop or maintain skills necessary to achieve adequate and appropriate physical and mental functioning of a child;

(3) Physical therapy, when provided by or under the supervision of a physical therapist, and for which there shall be a physician’s written authorization for individual or group treatment, supplies, and equipment related to physical therapy;

(4) Psychiatric services when necessary for the evaluation, diagnosis, and treatment of psychiatric problems;

(5) Psychological services when necessary for the evaluation, diagnosis, and treatment of emotional or behavioral problems or disturbances;

(6) Speech, language and hearing services when necessary for the evaluation, diagnosis, and treatment of speech, language, and hearing disorders;

(7) Rehabilitative services, which shall be included in the treatment plan and based on a physician’s written referral or a recommendation from a prescribing practitioner;

(8) Behavioral health, other than psychiatric and psychological services referenced in (4) and (5) above; and

(9) Any other remedial services as are necessary for the maximum reduction of a child’s physical, intellectual, or behavioral disabilities, excluding classroom instruction and academic tutoring.

(e) Nursing services referenced in (d)(1) above shall be performed by an RN, LPN or ARNP, and shall include:

(1) Any evaluations, treatments, staff training, or consultations that are necessary for the child to be safely cared for;

(2) Administration of medication;

(3) Observation of children with chronic or acute illnesses in order to assure that medical needs are being appropriately identified, addressed and monitored; and

(4) Other services allowed under their individual identified scope of practice for nursing services.

(f) Physical therapy services referenced in (d)(3) above shall include:

(1) Evaluations;

(2) Treatment; and

(3) Consultation that might prevent, restore or alleviate a loss of or impairment of a physical function.

(g) Rehabilitative services referenced in (d)(7) above shall include:

(1) Assistance with communication;

(2) Behavior management;

(3) Nutrition counseling;

(4) Medication management and training;

(5) Hygiene and personal care training;

(6) Coordination of medical care; and

(7) Development and implementation of individual treatment plans.

(h) Behavioral health services referenced in (d)(8) above shall include, at a minimum:

(1) Behavior management;

(2) Individual, group, and/or family counseling;

(3) Substance use disorder counseling; and

(4) Crisis intervention and stabilization.

History

#5804, eff 3-28-94, EXPIRED: 3-28-00
#9028, eff 11-17-07; ss by #10986, eff 11-26-15

N.H. Code Admin. R. Ann. He-C 6420.05 Qualifications for Providers of Covered Services {#sec-he-c-6420.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6420.05}

(a) A provider shall be enrolled as a New Hampshire Medicaid provider and be either:

(1) A residential treatment program licensed by the department in accordance with RSA 170-E:25 through 49 as appropriate for the type of program and certified for payment by DCYF or in accordance with He-C 6350; or

(2) A foster care program licensed under RSA 170-E:25 and certified for payment by DCYF in accordance with He-C 6355.

(b) Individuals who provide covered services under He-C 6420 shall be:

(1) A physician licensed to practice in New Hampshire, pursuant to RSA 329;

(2) An APRN, an RN, or an LPN licensed to practice in New Hampshire;

(3) A psychiatrist licensed by the New Hampshire board of medicine to practice in New Hampshire;

(4) A psychologist licensed to practice in New Hampshire;

(5) A family worker or case manager with a bachelor’s degree in education, in a clinical field such as social work, marriage and family therapy, psychology, guidance counseling, or a degree which would make one eligible for a license from the NH board of mental health practice or NH board of psychologists or a related field with emphasis in human services and family systems, and have 2 years of human services experience;

(6) A certified recovery support worker (CRSW) certified by the NH board of licensing for alcohol and other drug use professionals or a licensed alcohol and drug counselor (LADC) or master’s licensed alcohol and drug counselor (MLADC) licensed by the board of licensing for alcohol and other drug use professionals;

(7) A clinical coordinator, including a treatment coordinator, who:

a. Is a full-time staff member employed by the residential treatment program or foster care program;

b. Meets the requirements of (8) below; and

c. Is responsible for administrative oversight of the clinical services provided at the program;

(8) A clinical staff member who has a master’s degree in a clinical field such as social work, marriage and family therapy, psychology, guidance counseling, or a degree which would make one eligible for a license from the NH board of mental health practice or NH board of psychologists; or

(9) Other child care staff approved by the department as meeting the requirements to work in a residential program or foster care program pursuant to RSA 170-E:25.

(d) Staff of a foster care program shall meet the requirements in He-C 6355.

(e) Individuals identified in (b) above who do not practice in New Hampshire shall be licensed, certified, or otherwise approved as required by the laws and rules of the state where they do practice.

History

#5804, eff 3-28-94, EXPIRED: 3-28-00
#9028, eff 11-17-07; ss by #10986, eff 11-26-15

N.H. Code Admin. R. Ann. He-C 6420.06 Requirement for Medical Examinations {#sec-he-c-6420.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6420.06}

(a) Residential treatment programs or foster care programs shall ensure the child’s health needs are met, and as follows:

(1) For any initial placement of a child due to petitions filed under RSA 169-C, a comprehensive physical exam shall be arranged by the residential treatment program or foster care program in conjunction with the CPSW, to occur within the first 48 hours for a child up to the age of 2, or within 30 days of placement for a child between the age of 2 and 18;

(2) Shelter care programs shall comply with He-C 6350.18(d);

(3) The child shall receive all routine medical examinations and treatment pursuant to Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) pursuant to He-W 546; and

(4) Residential treatment programs shall comply with NH residential child care licensing rules He-C 4001.12.

(b) All medical exams as required in (a) shall be documented in the child’s file.

History

#5804, eff 3-28-94, EXPIRED: 3-28-00
#9028, eff 11-17-07; ss by #10986, eff 11-26-15

N.H. Code Admin. R. Ann. He-C 6420.07 Documentation of Services {#sec-he-c-6420.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6420.07}

(a) Residential treatment programs that provide covered services pursuant to He-C 6420.04 shall document services for each child, including:

(1) A written treatment plan, as described in He-C 6350, which identifies Medicaid covered services that the child receives through the residential treatment program;

(2) A case plan completed by DCYF staff, which shall be submitted prior to the deadline for the establishment of the treatment required in (1) above;

(3) The signature of a prescribing practitioner on the child’s treatment plan, indicating approval of the Medicaid covered service;

(4) Maintenance of logs, at least weekly, summarizing the Medicaid covered services that were provided to the child in accordance with a written treatment plan;

(5) Written progress reports on each child in accordance with He-C 6350;

(6) Compliance with other documentation requirements of He-C 6350, as appropriate for the level of certification; and

(7) Copies of claims submission for covered services to the Medicaid fiscal agent.

(b) Foster care programs that provide covered services pursuant to He-C 6420.04 shall document each service for each child, including:

(1) A written treatment plan, as described in He-C 6355, which identifies Medicaid covered services that the child receives at the foster care program;

(2) A case plan, completed by DCYF staff, which shall be submitted prior to the deadline for the establishment of the treatment plan, required in (1) above;

(3) The signature of a prescribing practitioner on the child’s treatment plan, indicating approval of the Medicaid covered service;

(4) Maintenance of daily logs, summarizing the Medicaid covered services that were provided to the child in accordance with a written treatment plan;

(5) Weekly notes completed by the case manager documenting Medicaid covered services per He-C 6355;

(6) Written progress reports on each child in accordance with He-C 6355;

(7) Compliance with other documentation requirements of He-C 6355, as appropriate for the level of certification; and

(8) Copies of claims submissions for covered services to the Medicaid fiscal agent.

History

#5804, eff 3-28-94, EXPIRED: 3-28-00
#9028, eff 11-17-07; ss by #10986, eff 11-26-15

N.H. Code Admin. R. Ann. He-C 6420.08 Medicaid Time Study {#sec-he-c-6420.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6420.08}

(a) Medicaid time studies shall be completed upon DCYF’s request, once per current state fiscal year, and submitted with the annual budget to the DCYF.

(b) Form 2727, “Individual Time Log” (June 2015), shall be used to record all activities provided by identified residential treatment program or foster care program staff during the Medicaid time study period.

(c) Form 2728, “Ten-day Summary of Individual Time Logs” (June 2015), shall be used to obtain the total hours of individual staff activity.

(d) A residential treatment program’s or foster care program’s Form 2729 “Program Staff Summary” (June 2015), shall be used to calculate the percentage of staff salaries that may be allocated to Medicaid.

History

#5804, eff 3-28-94, EXPIRED: 3-28-00
#9028, eff 11-17-07; ss by #10986, eff 11-26-15

N.H. Code Admin. R. Ann. He-C 6420.09 Payment for Services {#sec-he-c-6420.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6420.09}

(a) Payments for covered services provided in a residential treatment program or foster care program shall be made in accordance with per diem rates, as specified in (b) and (c) below.

(b) The percentages paid for Medicaid covered services shall be identified based on the Medicaid time study and annual budget, as a part of the residential per diem rate established pursuant to RSA 170-G:4, XVII-a.

(1) Payments for services in out-of-state residential treatment programs or foster care programs shall be made only if equal services are not available within New Hampshire at the time the child is placed;

(2) Payments for professional medical services provided outside the residential treatment program or foster care program to children in a child care program, either at the facility or other medical setting, shall be made on a fee-for-service basis only if the specific services by that provider are not already included in the rate; and

(3) Payments shall not be made for days when the child is absent from the residential treatment program or foster care program due to running away or hospitalization.

History

#5804, eff 3-28-94, EXPIRED: 3-28-00
#9028, eff 11-17-07; ss by #10986, eff 11-26-15

N.H. Code Admin. R. Ann. He-C 6420.10 Non-Covered Services {#sec-he-c-6420.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6420.10}

(a) Facilities that are licensed under RSA 151, such as nursing homes, rehabilitation centers, and hospitals, shall not be eligible for this funding Source.

(b) The following services and activities shall not be Medicaid covered services for residential treatment programs or foster care programs:

(1) Programs, services, or components of services provided to children which are academic in nature, namely, traditional subjects such as:

a. Science;

b. History;

c. English literature;

d. Foreign languages; and

e. Mathematics;

(2) Programs, services, or components of services provided to children and appropriately billed to the Medicaid to schools program pursuant to He-M 1301;

(3) Programs, services, or components of services provided to children which are designed to provide a vocational program, namely, those designed to prepare individuals for paid or unpaid employment;

(4) Vocational equipment and uniforms;

(5) Programs, services, or components of services which are designed solely to provide opportunities for socialization or recreation of children where staff will not be providing Medicaid covered services, including:

a. Picnics;

b. Dances;

c. Sporting events;

d. Field trips;

e. Parties; and

f. Social clubs; and

(6) Room and board for the child.

History

#5804, eff 3-28-94, EXPIRED: 3-28-00
#9028, eff 11-17-07; ss by #10986, eff 11-26-15

Part He-C 6422 Residential Child Care Facilities Rate Setting

N.H. Code Admin. R. Ann. He-C 6422.01 Program and Service Information {#sec-he-c-6422.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6422.01}

– He-C 6422.11

History

#4389, eff 3-22-88, EXPIRED: 3-22-94
#7643, eff 4-2-02, EXPIRED: 4-2-10

N.H. Code Admin. R. Ann. He-C 6422.12 Program and Service Information {#sec-he-c-6422.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6422.12}

– He-C 6422.25

History

#7643, eff 4-2-02, EXPIRED: 4-2-10

Part He-C 6423 Foster Family Home Rate-Setting

N.H. Code Admin. R. Ann. He-C 6423.01 Purpose {#sec-he-c-6423.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6423.01}

When children must be temporarily placed away from their families, the department of health and human services (DHHS) provides board, care, and clothing payments to the providers of foster family homes as they work with the child and his or her family. These rules publish the rates for reimbursing foster family homes.

History

#4447, eff 7-1-88, EXPIRED: 7-1-94
#9514, eff 7-18-09; ss by #12229, INTERIM, eff 7-17-17, EXPIRED: 1-13-18
#12470, eff 1-30-18

N.H. Code Admin. R. Ann. He-C 6423.02 Applicability {#sec-he-c-6423.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6423.02}

(a) These rules shall apply to those foster family homes, licensed pursuant to He-C 6446 and certified pursuant to He-C 6347 in which children are placed by DHHS.

(b) These rules shall not apply to child-placing agencies pursuant to RSA 170-E:25, IV, that establish their own rates.

History

#4447, eff 7-1-88, EXPIRED: 7-1-94
#9514, eff 7-18-09; ss by #12229, INTERIM, eff 7-17-17, EXPIRED: 1-13-18
#12470, eff 1-30-18

N.H. Code Admin. R. Ann. He-C 6423.03 Definitions {#sec-he-c-6423.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6423.03}

(a) “Adolescent care” means that category of foster family care for the care of adolescents, ages 14-21 years with specialized needs, provided by foster parents that have been recruited, selected, and trained to serve this specialized population.

(b) “Crisis care” means that category of foster family care where an unplanned placement is made in a foster family home any time after 4:30 p.m. or before 8:00 a.m., during a weekend, or holiday, and services are provided to a child in care on a regular 24-hour a day basis for a period not to exceed 5 calendar days.

(c) “Eligible child” means a child removed from their home by court order or through a voluntary agreement whose needs for out of home care can be met by a general, specialized, adolescent, emergency, or respite foster family home.

(d) “Emergency care” means that category of foster family care where an unplanned placement is made in a foster family home and services are provided to a child in care on a regular 24-hour a day basis for a period not to exceed 10 days.

(e) “General care” means that category of foster family care where shelter, supervision, and support services are provided.

(f) “Respite care” means that category of foster family care for substitute care provided by a person or agency which is licensed as a child care or child-placing agency and provides temporary overnight relief of child care responsibilities for the parent or for the substitute care provider for children in foster care programs.

(g) “Specialized care” means that category of foster family care in which shelter, supervision, and support services are provided to children identified as needing specialized care by foster parents who have met the additional training and care requirements set forth in He-C 6446.04(c) and He-C 6446.23(j).

History

#4447, eff 7-1-88, EXPIRED: 7-1-94
#9514, eff 7-18-09; ss by #12229, INTERIM, eff 7-17-17, EXPIRED: 1-13-18
#12470, eff 1-30-18

N.H. Code Admin. R. Ann. He-C 6423.04 Foster Family Home Rates {#sec-he-c-6423.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6423.04}

(a) The foster family home daily rates for eligible children established by DHHS shall be as listed in Table 6423.1 and Table 6423.2.

Table 6423.1 Foster Family Home Daily Rates By Categories Of Foster Care And The Child’s Age

Child’s Ages (inclusive)

Newborn-5 years old

6-11 years old

12-21 years old

Foster Care Categories

General

$16.59

$18.00

$21.41

Specialized

$21.48

$23.31

$21.74

Table 6423.2 Foster Family Home Daily Rates – Other Categories

Foster Care Categories

Daily Rate

Adolescent

$27.74

Emergency

$27.74

Respite Care

$27.20

Crisis Care

$40.55

(b) Clothing rates shall be $1.11 per child per day for general, specialized, and adolescent categories of foster family homes and for all ages of foster children. No clothing payments shall be made to crisis care, emergency, and respite care providers.

(c) The rates established pursuant to He-C 6423 are contingent upon the availability and continued appropriation of sufficient funds for this purpose, and in no event shall DHHS be liable for any payments hereunder in excess of such available appropriated funds.

History

#4447, eff 7-1-88, EXPIRED: 7-1-94
#9514, eff 7-18-09; ss by #12229, INTERIM, eff 7-17-17, EXPIRED: 1-13-18
#12470, eff 1-30-18

Part He-C 6429 Children Left at Hospitals or Safe Havens

N.H. Code Admin. R. Ann. He-C 6429.01 Program and Service Information {#sec-he-c-6429.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6429.01}

Scope. These rules apply to hospitals and safe havens at which a child who is not more than 61 days old has been left by the child’s parents and the parents have not expressed an intent to return for the child.

History

#8139, eff 8-17-04; ss by #10170, eff 8-17-12; ss by #13412, eff 7-26-22; ss by #14175, INTERIM, eff 1-18-25, EXPIRES: 7-17-25

N.H. Code Admin. R. Ann. He-C 6429.02 Definitions {#sec-he-c-6429.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6429.02}

(a) “Child” means a newborn infant who is not more than 61 days old.

(b) “Church” means a house of worship that is registered with the New Hampshire secretary of state under RSA 292:1, I for a religious purpose.

(d) “Emergency 911 responder” means a person who is trained to provide the services of a fire department, police department, or ambulance or rescue unit.

(e) “Hospital” means “hospital” as defined in RSA 132-A:1, II, namely, “a public or private institution which is required to be licensed under RSA 151, and which is engaged in providing to patients, under supervision of physicians, diagnostic and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or rehabilitative services for the rehabilitation of such persons.”

(f) “Safe haven” means “safe haven” as defined in RSA 132-A:1, III, namely, “a church which is attended by a person, or a police or fire station which is attended by a person, or a 911 responder at an agreed transfer location.”

(g) “Safe haven infant safety device" means “safe haven infant safety device" as defined in RSA 132-A:1, IV, namely, "a device or container to safely accept delivery of a child 61 days of age or younger that is: (a) Voluntarily installed by a hospital, law enforcement agency, or fire department; (b) Physically located inside a hospital, law enforcement facility, or fire department facility that is staffed 24 hours a day; (c) Located in an area that is conspicuous and visible to the employees of the hospital, law enforcement agency, or fire department; and (d) Equipped with an alarm that notifies the hospital, law enforcement agency, or fire department where the device or container is located."

History

#8139, eff 8-17-04; ss by #10170, eff 8-17-12; ss by #13412, eff 7-26-22; ss by #14175, INTERIM, eff 1-18-25, EXPIRES: 7-17-25

N.H. Code Admin. R. Ann. He-C 6429.03 Temporary Care and Control of Children by a Hospital or Safe Haven {#sec-he-c-6429.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6429.03}

(a) A hospital or safe haven shall, without a court order, take temporary care and control of a child who is not more than 61 days old, pursuant to RSA 132-A: 2, I, provided that the child is handed to a person at the hospital or safe haven, or is placed in a safe haven infant safety device by the child's parent or parents, and the parent or parents did not express an intent to return for the child.

(b) A hospital or safe haven shall not require the individual surrendering the child to reveal personally identifiable information.

(c) A safe haven shall immediately and safely transport or arrange for the child to be immediately and safely transported to the local hospital.

(d) The hospital, whether receiving the child directly from the parent, from the safe haven, or when placed in a safe haven infant safety device shall provide any medical services necessary to protect the physical health or safety of the child including observation, physical examination, and any necessary medical treatment.

History

#8139, eff 8-17-04; ss by #10170, eff 8-17-12; ss by #13412, eff 7-26-22; ss by #14175, INTERIM, eff 1-18-25, EXPIRES: 7-17-25

N.H. Code Admin. R. Ann. He-C 6429.04 Requirements of Hospitals and Safe Havens {#sec-he-c-6429.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6429.04}

(a) Within 24 hours after assuming temporary care and control of a child under RSA 132-A:3, I, the hospital or safe haven shall provide notice to the division for children, youth, and families (DCYF) and local law enforcement officials.

(b) Personnel at hospitals and safe havens shall provide the notification to DCYF required in (a) above by calling the DCYF intake unit at 1-800-894-5533 or 603-271-6562.

(c) When providing notification to DCYF or to law enforcement, a hospital or safe haven shall provide the following information:

(1) The name of the hospital or safe haven;

(2) The date and time the child was left at the hospital or safe haven;

(3) Whether the child was surrendered in a safe haven infant safety device or handed to a person at the hospital or safe haven;

(4) The child’s gender and date of birth if known;

(5) The child’s health condition;

(6) The name of the attending physician; and

(7) Any personally identifiable information that was provided to the hospital or safe haven by the child’s parent or parents on a voluntary basis, such as:

a. The parent or parents’ names and addresses; and

b. Family medical history or other family information.

(d) As allowed by RSA 132-A:3, II, a hospital or safe haven may bill the department for all necessary medical and other costs incurred while assuming care of the child, including any cost incurred for services provided by a physician or other medical personnel who is not associated with the hospital or safe haven, within 90 days of the date the hospital or safe haven assumed custody of the child.

(e) Hospital personnel shall allow the DCYF nurse or staff access to the child and the child’s medical information.

History

#8139, eff 8-17-04; ss by #10170, eff 8-17-12; amd by #12482, eff 2-21-18; ss by #13412, eff 7-26-22; ss by #14175, INTERIM, eff 1-18-25, EXPIRES: 7-17-25

N.H. Code Admin. R. Ann. He-C 6429.05 Duties of the Department {#sec-he-c-6429.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6429.05}

(a) Upon receiving notification in accordance with He-C 6429.04(a), DCYF staff shall:

(1) Within 24 hours, request law enforcement officials to investigate the incident, including by using the national crime information center database, to determine if the child is a missing child;

(2) Have a staff nurse, supervisor, or DCYF administrator:

a. Observe the child;

b. Review any medical information about the child;

c. Follow up on any health care treatment recommendations; and

d. Coordinate with the hospital for the child’s discharge from the hospital; and

(3) Apply to the family division of the circuit court for an order to assume temporary custody of the child.

(b) In accordance with RSA 132-A:3, the department shall be responsible for all necessary medical and other costs incurred by the hospital or safe haven related to the temporary care and control of the child except costs incurred related to installation, maintenance, service, testing, or vandalism of a safe haven infant safety device.(c) Pursuant to RSA 132-A:4, I, no person or entity subject to the provisions of RSA 132-A shall be liable for any claim at law or in equity as a result of action taken pursuant to the requirements of this Part.

History

#8139, eff 8-17-04; ss by #10170, eff 8-17-12; ss by #13412, eff 7-26-22; ss by #14175, INTERIM, eff 1-18-25, EXPIRES: 7-17-25

N.H. Code Admin. R. Ann. He-C 6429.06 Care and Custody Requests {#sec-he-c-6429.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6429.06}

Following the surrender of the child, anyone requesting care and custody of the child shall contact the family division of the circuit court that has jurisdiction over the matter, pursuant to RSA 169-C.

History

#8139, eff 8-17-04; ss by #10170, eff 8-17-12; ss by #13412, eff 7-26-22; ss by #13412, eff 7-26-22; ss by #14175, INTERIM, eff 1-18-25, EXPIRES: 7-17-25

Part He-C 6430 Central Registry

N.H. Code Admin. R. Ann. He-C 6430.01 Program and Service Information {#sec-he-c-6430.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6430.01}

Purpose. The purpose of these rules is to describe:

(a) The process for obtaining a confirmation of whether or not an individual’s name is listed on the central registry; and

(b) The confidentiality and expungement of information contained on the central registry.

History

#8594, eff 3-28-06; ss by #10692, eff 10-14-14; ss by #14249, eff 5-20-25, EXPIRES: 5-20-35

N.H. Code Admin. R. Ann. He-C 6430.02 Scope {#sec-he-c-6430.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6430.02}

These rules shall apply to any person or entity seeking a confirmation of whether or not an individual’s name is listed on the central registry or seeking expungement from the central registry pursuant to RSA 169-C:35, IV.

History

#8594, eff 3-28-06; ss by #10692, eff 10-14-14; ss by #14249, eff 5-20-25, EXPIRES: 5-20-35

N.H. Code Admin. R. Ann. He-C 6430.03 Definitions {#sec-he-c-6430.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6430.03}

(a) “Central registry” means the state registry that maintains all founded reports of child abuse and neglect established pursuant to RSA 169-C:35.

(b) “Department” means the New Hampshire department of health and human services.

(c) “Expungement” means the removal of information contained on the central registry that relates to a specific perpetrator’s name and a founded report of child abuse or neglect.

(d) “Founded determination” means a specific allegation of child abuse or neglect where the department has determined that there is a preponderance of the evidence to believe that a child has been abused or neglected.

(e) “Founded report” means a report of child abuse or neglect where the department has made one or more founded determinations.

(f) “Report” means a referral that has been accepted for assessment of alleged child abuse or neglect by the department’s division for children, youth and families.

(g) “Type of abuse or neglect” means abuse or neglect as described in RSA 169-C:3, II and XIX, and categorized by type as either sexual abuse, physical abuse, psychological abuse, or neglect.

History

#8594, eff 3-28-06; ss by #10692, eff 10-14-14 (from He-C 6430.01); ss by #14249, eff 5-20-25, EXPIRES: 5-20-35

N.H. Code Admin. R. Ann. He-C 6430.04 Notice of Determination of a Finding of Child Abuse or Neglect {#sec-he-c-6430.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6430.04}

(a) The department shall provide written notice to any individual that it determines to be responsible for an incident of abuse or neglect under RSA 169-C prior to the individual’s name being entered on the central registry.

(b) The notice shall set forth:

(1) The nature of the report, which identifies the type of abuse or neglect;

(2) The date of the court finding, if applicable;

(3) The reasons underlying the founded determination;

(4) The name of the person responsible for the child abuse or neglect;

(5) The right of the person responsible for the child abuse or neglect to access the department’s case records pursuant to RSA 170-G:8-a;

(6) Any right to challenge the founded determination, as follows:

a. Submission of an administrative appeal request to challenge the department’s founded determination within 30 days of the receipt of the notice, if the founded determination was not made by a court of jurisdiction;

b. Submission of an appeal to supreme court within 30 days of a final dispositional order made by a court of jurisdiction in compliance with RSA 169-C:28; or

c. Persons responsible for child abuse or neglect who have consented in court or signed a non-court agreement waiving any right to challenge the founded determination; and

(7) The right to petition to have the name of the person responsible for the child abuse or neglect expunged from the central registry pursuant to RSA 169-C:35, V.

(1) Certified mail return receipt requested at the person’s last known address on file with the department; or

(2) By serving the person in hand and having the person sign a receipt of service.

(d) If the person responsible for the child abuse or neglect is a juvenile, or is an adult with a legal guardian, the notice shall be sent to the responsible person’s parent or guardian.

(e) The failure to request an administrative hearing within 30 days of receipt of the notice shall constitute a waiver of the right to an administrative appeal of the department’s founded determination.

History

#8594, eff 3-28-06; ss by #10692, eff 10-14-14; ss by #14249, eff 5-20-25, EXPIRES: 5-20-35

N.H. Code Admin. R. Ann. He-C 6430.05 Information Contained on the Central Registry {#sec-he-c-6430.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6430.05}

(a) Information contained on the department’s central registry shall be confidential except as authorized by:

(1) RSA 169-C:35, II;

(2) RSA 169-C:35, VI; and

(3) RSA 169-C:35, VII.

(b) Information contained on the department’s central registry about the person responsible for an incident of child abuse or neglect shall include:

(1) The first and last name of the person responsible for the child abuse or neglect;

(2) The date of birth of the person responsible for the child abuse or neglect;

(3) The referral number;

(4) The date that the department received the report of suspected abuse or neglect;

(5) The date that due process was satisfied for the person responsible for the child abuse or neglect and the date the person’s name was eligible to be entered on the central registry;

(6) The name of the district office that investigated the report;

(7) The type of abuse or neglect founded by the department;

(8) The type of founded determination where the department’s action taken is categorized as either problem resolved, services only, or court action; and

(9) The relationship of the person responsible for the child abuse or neglect to the victim.

(c) Individuals with founded reports of child abuse or neglect shall be listed on the central registry indefinitely subject to an individual’s right to petition to have the individual’s name expunged from the central registry in accordance with RSA 169-C:35, IV.

History

#8594, eff 3-28-06; ss by #10692, eff 10-14-14 (from He-C 6430.02); ss by #14249, eff 5-20-25, EXPIRES: 5-20-35

N.H. Code Admin. R. Ann. He-C 6430.06 Access to the Central Registry {#sec-he-c-6430.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6430.06}

(a) Access to search the central registry shall be limited to:

(1) Department employees:

a. Who have completed training specific to searching the central registry provided by the division for children, youth and families; and

b. Whose official duties require the ability to perform searches of the central registry, as required by RSA 169-C:34, RSA 170-E:7, II(a), RSA 170-E:29, or an applicable administrative rule on certification for payment standards in He-C 6300 or child care program in He-C 6900;

(2) Staff of the credentialing bureau of the department of education for applicant records pursuant to RSA 169-C:35, I; and

(3) The department’s contracted vendor, if the contract with the department authorizes and requires the vendor to access the central registry, which shall:

a. Obtain written authorization from the division director of the department’s division for children, youth and families prior to accessing the central registry;

b. Confirm its employees successfully complete the training specified in (1)a. above prior to accessing the central registry; and

c. Identify no more than 3 employees it wishes to have access to the central registry, provided that the contracted vendor may request additional employees to have access based on internal operating logistics. The department shall allow the additional employees to have access if necessary to avoid imposing an operational hardship on the contracted vendor.

(b) Access in (a) above shall be rescinded:

(1) Upon termination of employment or contract; or

(2) Upon a change in official duties described in (a)(1)b. and (a)(2) above which does not require the employee or credentialing staff authorization to search the central registry.

(c) All searches performed in the central registry shall be authorized according to state or federal laws allowing such background checks.

History

#10692, eff 10-14-14 (from He-C 6430.03); ss by #14249, eff 5-20-25, EXPIRES: 5-20-35

N.H. Code Admin. R. Ann. He-C 6430.07 Written Request Required to Search the Central Registry {#sec-he-c-6430.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6430.07}

(a) Except for central registry searches conducted under RSA 169-C:34, II and RSA 169-C:35, I, requests to search the central registry shall be made in writing and contain the following information for the individual to be searched:

(1) Name;

(2) Date of birth;

(3) Current physical and mailing addresses;

(4) All previous names or aliases;

(5) Instructions on where to return the written results;

(6) The individual’s signature; and

(7) Proof of identity of the individual to be searched authorizing the search pursuant to RSA 169-C:35, II.

(b) Any individual requesting to receive the results of their own central registry check shall meet the requirements in (a) above by submitting a completed, dated, and signed Form 2500 “NH Child Abuse and Neglect Central Registry Authorization for Individual Name Search” (May 2025), in accordance with (l) below, that includes the following request and acknowledgement:

“I hereby request the Department of Health and Human Services to conduct a search of the New Hampshire Child Abuse and Neglect Central Registry to determine if my name is listed as an individual found responsible for child abuse or neglect in NH.”; and

“I acknowledge that NH RSA 169-C:35 states it shall be unlawful for any employer to require my name to be reviewed against the Central Registry, as a condition of employment in New Hampshire, unless specified in NH RSA 170-E or NH RSA 170-G:8-c.”

(c) In addition to the requirements in (b) above, the requestor shall verify proof of identity by obtaining a notary acknowledgement when signing Form 2500.

(d) If an individual requesting to receive the results of their own central registry check is listed in the founded reports maintained in the central registry, the department shall:

(1) Provide the individual with the date or dates the individual’s name was entered on the central registry and the mailing address of the district office that made the finding or findings; and

(2) Inform the individual that additional case record information may be accessed through the district office that made the founded determination by submitting a separate request directly to that district office.

(e) An individual seeking employment with an employer specified in RSA 170-G:8-c requesting a third party receive the results of their central registry check shall meet the requirements in (a) by submitting a completed, dated, and signed Form 2501 “NH Child Abuse and Neglect Central Registry Authorization for Name Search and Release of Information to a Third Party” ( May 2025), in accordance with (l) below that includes the following authorization:

“I authorize a search of the NH Child Abuse and Neglect Central Registry to determine if my name is listed as an individual found responsible for child abuse or neglect in NH. I consent to the release of the information to the person and agency named above for the purpose indicated. I understand that the results will not be sent to me.”

(f) In addition to the requirements in (e) above, the requestor shall provide one of the following as proof of identity on Form 2501 when signing Form 2501 in the respective sections:

(1) A notary acknowledgement;

(2) A completed attestation signed and dated by an employer or the employer’s representative stating:

“I attest the named individual presented me with the documents required to legally submit an I-9 form on their behalf.”; or

(3) A completed attestation signed and dated by department or contracted vendor staff stating:

“I attest the named individual presented me an unexpired government issued photo identification.”

(g) If any individual whose name has been submitted for a central registry check under RSA 170-G:8-c is the subject of a founded report of child abuse or neglect, the department shall provide the records related to the founded report to the hiring manager for the purpose of conducting an investigation in accordance with RSA 170-G:8-c, IV and V while carrying out their official functions. Information obtained shall be kept confidential pursuant to RSA 170-G:8-a, II and III(g), and shall not be disclosed or released unless otherwise required by law or court order.

(h) Any individual applying to be a foster or adoptive parent shall complete and submit Form 2501 “NH Child Abuse and Neglect Central Registry Authorization for Name Search and Release of Information to a Third Party” ( May 2025), in accordance with (l) below, to have the individual’s name checked against the central registry.

(i) Any individual applying to be a foster or adoptive parent through another state’s child welfare agency responsible for licensing foster and adoptive care applicants shall:

(1) Submit Form 2501 “NH Child Abuse and Neglect Central Registry Authorization for Name Search and Release of Information to a Third Party” (May 2025), to be completed and mailed in accordance with (l) below, to have the individual’s name checked against the central registry in compliance with RSA 169-C:35, VI; or

(2) Submit a central registry check request on the other states’ agency letterhead pursuant to procedures allowed by 42 USC 671 (a)(20), known as an “Adam Walsh” check.

(j) Pursuant to RSA 170-B:18, VI, any petitioner for adoption, in which no private adoption agency has completed a central registry check, shall submit to the circuit court an official current New Hampshire judicial branch form “Department of Health and Human Services Record Release Authorization” (NHJB-2171-FP), to be completed and mailed in accordance with (l) below, to have the petitioner’s name checked against the central registry.

(k) Pursuant to RSA 463:5, IV(b), any petitioner for guardianship shall submit to the circuit court a completed official current New Hampshire judicial branch form “Department of Health and Human Services Record Release Authorization” (NHJB-2171-FP), mailed in accordance with (l) below, to have the petitioner’s name checked against the central registry.

(l) All forms above shall be:

(1) Signed and dated by the individual to be checked, with the signature affixed within one year of submission of the form to the central registry;

(2) Delivered to:

NH DCYF Central Registry

129 Pleasant Street, Thayer Building

Concord, NH 03301; and

(3) Accompanied by a postage paid self-addressed envelope unless alternative arrangements have been agreed upon by the requestor and the department.

(m) Any request submitted to the department that is not completed as required in (a)-(h) above shall be returned as follows:

(1) Any request that is submitted to the department with incomplete, invalid, or illegible information shall be returned to the submitting entity without being checked against the central registry;

(2) Any request identifying a third-party agency to receive the results that does not meet the requirements of RSA 169-C:35, II, RSA 170-B:18, RSA 170-E:7, RSA 170-E:29, RSA 170-G:8-c, or RSA 463:5 shall not be sent the results of the central registry check; and

(3) Any materials, including but not limited to payments or incomplete forms and requests shall be returned to the submitting entity.

History

#10692, eff 10-14-14; ss by #14249, eff 5-10-25, EXPIRES: 5-10-35

N.H. Code Admin. R. Ann. He-C 6430.08 Expungement {#sec-he-c-6430.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6430.08}

(a) Any individual whose name is listed on the central registry who wishes to have their name removed from the central registry shall petition the New Hampshire circuit court of jurisdiction to have their name expunged from the central registry.

(b) Any petition brought forward shall be completed and filed as follows:

(1) No petition to expunge shall be brought within one year from the date that the petitioner’s name was eligible to be entered on the central registry pursuant to RSA 169-C:35, V;

(2) The petition shall be filed with the circuit court that heard the initial petition for child abuse or neglect or could have heard the petition;

(3) The petition shall be filed on official and current New Hampshire judicial branch form “Petition to Expunge (Remove)” (NHJB-2135-DF), inclusive of a completed, applicable “Criminal Record Release Authorization” form as identified in Saf-C 5703, Table 5700-1 as required by the “Petition to Expunge” as an attachment;

(4) The petitioner shall identify on the petition any and all founded reports the petitioner wishes to have expunged; and

(5) The petition shall include any information the petitioner deems relevant.

(c) The petitioner shall acknowledge that through the submission of their petition, they authorize provision of any further information relevant to the petition to the court, from the district office that made the founded determination, including but not limited to any additional founded reports of child abuse or neglect.

(d) The department shall adhere to any order of the court received by the department pursuant to RSA 169-C:35.

(e) Court orders in (d) above shall be mailed to the following address:

NH DCYF Central Registry

129 Pleasant Street, Thayer Building

Concord, NH 03301

(f) Upon the receipt of a copy of the court order granting a petition to expunge, the department shall remove the individual’s name from the central registry.

(g) Pursuant to RSA 169-C:35, V, if the petition is denied, no further petition shall be brought more frequently than every 3 years thereafter.

History

#10692, eff 10-14-14 (from He-C 6430.05); ss by #14249, eff 5-10-25, EXPIRES: 5-10-35 (formerly He-C 6430.07)

Part He-C 6438 Adoption Subsidies

N.H. Code Admin. R. Ann. He-C 6438.01 Scope {#sec-he-c-6438.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.01}

These rules shall apply to adoptions through the division for children youth and families and adoptions by other public or private licensed child placing agencies licensed in accordance with RSA 170-E:24 for the adoption of a child who is legally free for adoption and determined to be hard-to-place where the adoptive family has the capability of providing the permanent family relationships needed by such a child in all areas except financial.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.02 Definitions {#sec-he-c-6438.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.02}

(a) “Department (DHHS) means the New Hampshire department of health and human services.

(b) “Division for children, youth and families (DCYF)” means the division for children, youth, and families, an organizational unit in the department of health and human services.

(d) “Hard-to-place child” means “hard-to-place-child” as defined in RSA 170-F:2,III, namely a child in or likely to be placed in a foster home who is found by the commissioner to be legally free for, but difficult to place in, adoption because of physical or other reasons including, but not limited to:

(1) Physical or mental disability;

(2) Emotional disturbance;

(3) Ethnic background;

(4) Language;

(5) Race;

(6) Color;

(7) Age; or

(8) Sibling grouping.

(e) “Legally free” means a status of a child whose parents’ legal rights have been surrendered or terminated by the probate or family court of jurisdiction.

(f) “Legally liable county” means the county in which the court making the order for services related to abused or neglected children, children in need of services, or delinquent children is located.

(g) “Special needs” means needs that are associated with the determination that the child is hard-to-

place.

(h) “Title IV-E” means the federal funding source for adoption assistance under Public Law 96-272,

amended title IV, part E, federal payments for foster care and adoption.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.03 Eligibility Requirements for Children and Adoptive Families {#sec-he-c-6438.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.03}

(a) For the child to be eligible for an adoption subsidy all of the following conditions shall apply:

(1) The child shall be under 18 years of age;

(2) The child shall be legally free for adoption or in the process of being legally freed for adoption; and

(3) The child has been deemed hard-to-place in accordance with He-C 6438.02(d).

(b) A prospective adoptive family shall meet the following conditions to qualify for an adoption subsidy:

(1) The adoptive couple or individual shall have an approved adoptive home in accordance with RSA 170-B and RSA 170-F; and

(2) The adoptive home shall be under consideration for a specific child before acceptance of the adoptive parents’ application for a subsidy.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.04 Determination of Amount of Subsidy {#sec-he-c-6438.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.04}

(a) The amount of the subsidy payment shall be determined through discussion and negotiation between the adoptive parents and a representative of DCYF based upon the needs of the child in accordance with RSA 170-F:7 and the circumstances of the family, such as:

(1) Insufficient income;

(2) High medical debts;

(3) High college debts; or

(4) High costs related to other children in the family.

(a) The payment agreed upon by the adoptive parents and a representative of DCYF shall be combined with the adoptive parents’ resources to cover the daily living needs and special needs of the child, projected over an extended period of time, and the anticipated needs, such as:

(1) Child care;

(2) Respite; or

(3) Medical expenses.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.05 Application for Subsidy {#sec-he-c-6438.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.05}

(a) The CPA shall complete the child’s application for subsidy form as provided by the department.

(b) The prospective adoptive parents shall complete the adoptive family’s application for subsidy form as provided by the department.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.06 Types of Subsidies {#sec-he-c-6438.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.06}

(a) A special services subsidy shall:

(1) Be a one-time payment for an anticipated expense or group of expenses related to the child’s special needs; and

(2) Be approved by DCYF only for expenses that are not covered by the adopting family’s medical insurance, medicaid, or other public or voluntary community services grant does not cover the cost of services for which the subsidy is being sought.

(b) A time-limited subsidy shall:

(1) Be available to meet the specified needs of a child for a specified period, which shall end prior to the child reaching the age of 18; and

(2) Only be approved if the adopting family’s medical insurance, medicaid, or other public or voluntary community services grant does not cover the cost of service programs funded in accordance with RSA 170-G:4, XVI.

(1) Be issued in monthly payments to help the adoptive family meet the child’s needs for an indefinite period or until the child is 18 years of age; and

(2) Only be approved if the adopting family’s medical insurance, medicaid, or other public or voluntary community services grant does not cover the cost of services for which the subsidy is being sought.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.07 Amount of Subsidy {#sec-he-c-6438.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.07}

(a) The amount of subsidy provided shall be the minimum amount needed to enable the family to meet the needs of the child.

(b) In accordance with RSA 170-F:8, the maximum amount of a long-term, time-limited or special services subsidy shall not exceed the rate for the corresponding age of the child if the child had continued in specialized foster care.

(c) Special services subsidy shall be limited to the payment rate for services in the community where the service is provided.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.08 Adoption Subsidy Agreement {#sec-he-c-6438.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.08}

(a) The adoption subsidy agreement shall be completed for each child who has been approved for adoption subsidy, on a form provided by the department.

(b) If the child is receiving supplemental security income (SSI), the adoption subsidy agreement shall reflect the SSI or social security administration (SSA) amount anticipated after the adoption is finalized.

(1) Be in effect prior to the date of entry of the final decree of adoption by the court; and

(2) Begin after the adoption subsidy agreement has been signed by all parties.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.09 Annual Review {#sec-he-c-6438.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.09}

(a) The continued need for a subsidy shall be reviewed annually by DCYF.

(b) The adoptive parents shall complete the adoptive subsidy annual review on a form provided by the department

(c) If an adjustment is made, the adoptive parents shall sign a new adoption subsidy agreement in accordance with He-C 6438.08.

(d) If the adjustment to an adoption subsidy is a decrease, the adoptive parents shall be given a 30 day written notice prior to a decrease in adoption subsidy payments.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.10 Reporting Responsibilities {#sec-he-c-6438.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.10}

(a) The adoptive parents shall immediately notify the adoption program specialist in writing when changes in the family occur.

(b) Changes to be reported shall include:

(1) That the adoptive parents are no longer legally responsible for the support of the child or are no longer supporting the child;

(2) Changes in the child’s or family’s circumstances affecting the continued need for payments or services, including:

a. Medical needs or expenses;

b. Marital status;

c. Child is no longer in the home;

d. Household composition; or

e. Other major changes in the family; and

(3) The address or telephone number of the family.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.11 Special Reviews {#sec-he-c-6438.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.11}

(a) A special review of the adoption subsidy shall be completed within 30 calendar days of one of the following:

(1) Notification that the child is no longer living in the family’s home;

(2) Notification of a change in the marital status of the adoptive parents; or

(3) A request by any party involved in the adoption subsidy.

(b) A request for a special review shall be made in writing and include the reasons for requesting the review.

(c) Documentation of the parents’ continued legal, financial, and medical responsibility shall be required to determine the continued receipt of a subsidy and the amount of the subsidy, pursuant to He-C 6438.03 (a).

(d) The adoptive parents shall be notified by DCYF in writing of the results of the special review.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.12 Terminations of Adoption Subsidy {#sec-he-c-6438.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.12}

(a) An adoption subsidy agreement shall be terminated upon 30 days written notice for any of the following reasons:

(1) If the adoptive parents request that the subsidy be discontinued;

(2) If it is mutually agreed by the parents and DCYF that the subsidy is no longer needed;

(3) If the child has attained the age of 18;

(4) If the adoptive parents are no longer legally responsible for support of the child; or

(5) If the adoptive parents are no longer providing any support to the child.

(b) A terminated subsidy shall be restored if the reasons for the termination no longer exist.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.13 Applications from NH Child Placing Agencies {#sec-he-c-6438.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.13}

(a) Applications for an adoption subsidy shall be accepted from any NH licensed child-placing adoption agency having a hard-to-place child.

(b) Applications from other agencies shall be processed in the same manner as referrals from DCYF.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.14 Payment of Subsidy Out-of-State {#sec-he-c-6438.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.14}

(a) Adoptive families who move out of state shall continue to be eligible for adoption subsidy payments and medical coverage if:

(1) The child and family’s eligibility requirements continue as described in He-C 6438.03; and

(2) The adoptive parents apply for medicaid on behalf of eligible children in the state to which they move.

(b) Children supported by an adoption subsidy through the non-title-IV-E funding shall continue to be eligible for NH medicaid.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.15 Title XX Eligibility {#sec-he-c-6438.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.15}

As long as funding is available, the child shall be eligible for title XX social services without regard to income, both during the adoption process and after the adoption is final.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.16 Title IV-B Eligibility {#sec-he-c-6438.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.16}

As long as funding is available, the child and the adoptive family shall be eligible for any needed title IV-B services without regard to income, both during the adoption process and after the adoption is final.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.17 Reimbursement to the State of New Hampshire {#sec-he-c-6438.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.17}

(a) Adoptive parents shall be excluded from the reimbursement for expenses of services, placements, and programs, pursuant to RSA 169-C:27, VIII, RSA 169-B:40, VIII, and RSA 169-D:29, VIII.

(b) For adoptive parents convicted of a crime of sexual or physical abuse of the adopted child or who misappropriate adoption subsidy funds, the offending adoptive parent shall be responsible for payment of those services, placements, and programs provided after the adoption.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

N.H. Code Admin. R. Ann. He-C 6438.18 Appeals {#sec-he-c-6438.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6438.18}

The adoptive parent may appeal any decision made on eligibility or on a review or termination of the subsidy through the department’s hearings process, as described in He-C 200.

History

#8837, eff 3-8-07, EXPIRED: 3-8-15

Part He-C 6443 Residential Placement of Educationally Disabled Children - Expired

N.H. Code Admin. R. Ann. He-C 6443.01 Program and Service Information {#sec-he-c-6443.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6443.01}

He-C 6443.10

PARTS He-C 6444 and He-C 6445 - RESERVED

History

#2849, eff 9-21-84, EXPIRED: 9-21-90
#6688, eff 2-18-98, EXPIRED: 2-18-06

Part He-C 6446 Foster Family Care Licensing Requirements

N.H. Code Admin. R. Ann. He-C 6446.01 Scope {#sec-he-c-6446.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.01}

The foster family care licensing requirements in He-C 6446 shall apply to applicants, licensed foster parents, household members of the licensed home, child care agencies, child-placing agencies, and licensing agencies.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15; ss by #13056, eff 6-16-20

N.H. Code Admin. R. Ann. He-C 6446.02 Purpose {#sec-he-c-6446.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.02}

Foster family care licensing requirements set a foundation for what environmental and personal factors are necessary to assure the safety, permanency, and well-being of a child who has been removed from his or her parent(s). Children enter foster family care as a result of circumstances to which they have been exposed. The foster family care licensing requirements support the safety, permanency, and well-being of children by screening and providing support to foster family care applicants to reduce the risk a child being exposed to circumstances that might further trauma experienced by the child. The foster family care licensing requirements support the responsibilities and abilities of a foster parent to provide the child with the most family-like experience and inclusion in normal childhood activities to help him or her reach to his or her fullest potential.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15; ss by #13056, eff 6-16-20

N.H. Code Admin. R. Ann. He-C 6446.03 Definitions {#sec-he-c-6446.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.03}

(a) “Applicant” means a person who is applying or has applied for a foster family care license or permit.

(b) “Case manager” means the employee of the child-placing agency who is responsible for the management of the child in care.

(c) “Case plan” means the written plan developed by the staff of the division for children, youth and families (DCYF) with the involved family, pursuant to RSA 170-G:4, III, 42 U.S.C. 671, and 42 U.S.C. 675.

(d) “Central registry” means the state registry of child abuse and neglect reports maintained by the department pursuant to RSA 169-C:35.

(e) “Child” means:

(1) “Child” as defined in RSA 170-E:25, I, namely “any person under 21 years of age.” The term includes “youth”; or

(f) “Child care agency” means “child care agency” as defined in RSA 170-E:25, II, namely “any person, corporation, partnership, voluntary association or other organization either established for profit or otherwise, who regularly receives for care one or more children, unrelated to the operator of the agency, apart from the parents, in any facility as defined in RSA 170-E and maintained for the care of children.”

(g) “Child in care” means a child who is placed in a foster family home.

(h) “Child-placing agency” means “child-placing agency” as defined in RSA 170-E:25, IV, namely “any firm, corporation or association which:

(1) Receives any child for the purpose of providing services related to arranging for the placement of children in a foster family home, group home, or child care institution; or

(2) Receives any child for the purpose of providing services related to arranging for the placement of children in adoption.”

(i) “Child protective service worker (CPSW)” means an employee of DCYF who has expertise in managing cases to ensure families and children achieve safety, permanency, and well-being referred to the department pursuant to RSA 169-C, RSA 170-B, RSA 170-C, and RSA 463.

(j) “Criminal records” means records of criminal convictions maintained by or accessible through the New Hampshire state police, or the equivalent authority within another state.

(k) “Department” means the New Hampshire department of health and human services.

(l) “Division for children, youth and families (DCYF)” means the organizational unit of the department that provides services to children and youth referred by courts pursuant to RSA 169-A, RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, RSA 170-H, and RSA 463.

(m) “Foster family home” means “foster family home” as defined in RSA 170-E:25, II(a)(1), namely, “child care in a residence in which family care and training are provided on a regular basis for no more than 6 unrelated children, unless all the children are of common parentage. The maximum of 6 children includes the children living in the home and children received for child care who are related to the residents.”

(n) “Foster parent” means an individual who has a license or permit for foster family care.

(o) “Health care” means medical, dental, and psychiatric diagnostic and treatment services.

(p) “Home study” means the written assessment and evaluation of the foster family home and the household conducted as part of the application process.

(q) “Home visit” means announced or unannounced meetings with the foster family in the foster family home.

(r) “Household member” means any individual who resides in the foster family home or might reside there during any time that there is a child in care.

(s) “Initial license” means the first license issued for foster family care.

(t) “In-service training” means competency-based courses in child care, child development, and other related topics that are required of foster parents pursuant to He-C 6446.20.

(u) “Juvenile probation and parole officer (JPPO)” means an employee of DCYF who exercises the powers and duties established by RSA 170-G:16, and supervises paroled delinquents pursuant to RSA 170-H.

(v) “License” means an authorization to operate a foster family home as defined in RSA 170-E:25, II(a), in accordance with RSA 170-E, and the foster family care licensing requirements in He-C 6446.

(w) “Licensing agency” means DCYF or a child-placing agency as defined in (h)(1) above which is licensed in accordance with He-C 6448.

(x) “Order to comply” means a written citation provided by the licensing agency to a foster family care provider that identifies a violation of the rules and requires a corrective action plan to correct the violation within a specified timeframe.

(y) “Parent” means “parent” as defined in RSA 169-C:3, XXI, namely “mother”, “father”, or “adoptive parent”, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment.”

(z) “Permit” means a temporary authorization to operate a foster family home as defined in RSA 170-E:25, II(a), for a period not to exceed 6 months in accordance with RSA 170-E and He-C 6446 upon completion of the necessary licensing inspections, per RSA 170-E:31, V.

(aa) “Perpetrator” means a person against whom a finding of abuse or neglect has been made.

(ab) “Pre-licensing training” means the educational programs for applicants provided by the licensing agency in accordance with He-C 6446.12.

(ac) “Reasonable and prudent parent standard” means the federal standard pursuant to 42.U.S.C 675(10)(A) of the Social Security Act characterized by careful and sensible parental decisions made by a caregiver for a child in foster care, that maintain the health, safety, and best interests of the child or youth while encouraging normalcy and the emotional and developmental growth of the child through participation in extracurricular, enrichment, cultural, and social activities.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.02); ss by #13056, eff 6-16-20

N.H. Code Admin. R. Ann. He-C 6446.04 Requirements for Applicants for a Foster Family Care License {#sec-he-c-6446.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.04}

(a) Any person, regardless of race, sex, religion, ethnicity, marital status, sexual orientation, national origin, or physical or mental disability, may apply for a foster family care license.

(b) The applicant, or at least one applicant if more than one person is applying together, shall:

(1) Be a legal resident of the state of New Hampshire;

(2) Be at least 21 years of age as of the date of the application;

(3) Have sufficient income to make timely payments for shelter, food, utility costs, clothing, and other household expenses prior to the addition of a child or children in care;

(4) Be able to communicate with the child, DCYF, and health care providers and service providers;

(5) Have a high school diploma or its equivalent;

(6) Have functional literacy, such as having the ability to read medication labels; and

(7) If the applicant will transport children in care, show proof of:

a. Possession of a valid New Hampshire driver’s license;

b. Possession of an automobile that has a current and valid state inspection; and

c. Possession of automobile liability insurance.

(c) A full application shall be submitted by the applicant as described in He-C 6446.06 or a full renewal application as described in He-C 6446.15.

(d) Prior to the issuance of a license, the applicant and all household members shall:

(1) Reside in a home that complies with the foster home requirements set forth in He-C 6446.09;

(2) Meet with representatives of the licensing agency as required by He-C 6446.10;

(3) Participate in the preparation of the home study as required in He-C 6446.11; and

(4) Complete pre-licensing training as required by He-C 6446.12.

(e) The applicant and all household members 18 years of age or older shall not have been convicted of a felony or other crime as described in He-C 6446.28(b)(1)-(3).

(f) Through compliance with the requirements of He-C 6446.04 and He-C 6446.06 – 6446.12, prior to the issuance of a license, each applicant shall demonstrate his or her ability to:

(1) Provide a child in care with a safe, nurturing, and stable family environment, which is free from abuse and neglect;

(2) Provide for the basic needs of a child in care, including those for food, clothing, shelter, and supervision;

(3) Assure, in conjunction with the child-placing agency, that a child in care receives routine and emergency medical and dental care, and mental health care;

(4) Honor and uphold the foster care children's bill of rights codified in RSA 170-G:20-21;

(5) Promote the physical, mental, educational, and emotional development of a child in care;

(6) Show respect for the linguistic, ethnic, spiritual, and cultural background of a child in care;

(7) Accept the relationships of a child in care with his or her parents, family members, DCYF, the licensing agency, and other individuals identified by the child and family as being a supportive and positive resource for the child through a relative, social, educational, or community relationship;

(8) Assist a child in care in handling stressful situations and trauma frequently associated with placement in foster care, including:

a. Removal from the parents’ home;

b. Placement in a new home environment;

c. Visitation with parents and siblings; and

d. Return to the parents’ home or placement in other substitute care;

(9) Manage the stressful situations that might develop in the foster home or with the foster family, as the result of the placement of a child in care;

(10) Accept the temporary nature of foster family care and the likelihood that the child in care will, pursuant to the child’s case plan, return to his or her parent(s) or be placed in a permanent placement;

(11) Work cooperatively with DCYF or the child-placing agency in implementing the case plan for the child in care;

(12) Respect the legal rights and responsibilities of the parents of the child in care;

(13) Complete the pre-license training required by He-C 6446.12;

(14) Complete the in-service training required by He-C 6446.20 for the applicant’s foster family care license renewal, as applicable;

(15) Discipline a child in care in a safe, non-threatening, and instructive manner that complies with He-C 6446.22; and

(15) Demonstrate freedom from physical, mental, or emotional illness that would substantially impair the applicant’s ability to comply with the requirements of He-C 6446 for the care of children in care.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.03); ss by #13056, eff 6-16-20

N.H. Code Admin. R. Ann. He-C 6446.05 Requirements for Issuance of a Foster Family Care Permit {#sec-he-c-6446.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.05}

(a) The department shall issue a permit to any person pursuing a license for foster family care whose services have been identified as needed by the department, while the applicant is completing the licensing requirements, pursuant to RSA 170-E:31, V. The permit shall not exceed 6 months.

(b) The following shall be completed and submitted prior to the issuance of a permit:

(1) The Form 1720 “Fire Department Inspection – One and Two Family Dwelling” (June 2020 edition) or Form 1720A “Fire Department Inspection – Apartment Building” (June 2020 edition) as applicable, identified in He-C 6446.09(f);

(2) The Form 1721 “Home Health Inspection” (June 2020 edition) identified in He-C 6446.09(g);

(3) Criminal record checks as described in He-C 6446.07, for each household member as appropriate based on age, such that:

a. A criminal records search is completed with state and local law enforcement agencies, if 18 years of age or older;

b. A Federal Bureau of Investigations fingerprint record check, if 18 years of age or older;

c. A review of any history of involvement with the local law enforcement agency where the applicant resides; and

d. A review of the New Hampshire department of safety’s division of state police “Registration of Criminal Offenders” for each household member, regardless of age; and

(4) A central registry check as specified in He-C 6446.08 for each household member 18 years of age or older.

(c) A permit shall be terminated if the department determines that the permittee has failed to continue to seek full licensure as a foster family care provider.

(d) A permit shall be converted to a license upon completion of licensing requirements identified in He-C 6446.04. The duration of a license issued to a permittee shall be inclusive of the duration of the permit.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15; ss by #13056, eff 6-16-20

N.H. Code Admin. R. Ann. He-C 6446.06 Application for License {#sec-he-c-6446.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.06}

(a) The applicant shall complete and submit an application packet that includes the following:

(1) The completed Form 1715 “Application for Foster Family Care License” (October 2023 edition) acknowledging that:

a. “I/we have reviewed the Administrative Rule He-C 6446 and will adhere to the rules if I/we are licensed as a Foster Family Care provider. I/We authorize the NH Division for Children, Youth and Families (DCYF) to receive the results of the central registry check, the state registry check, and the out-of-state child abuse and neglect registry checks.”;

b. “I/We understand that:

The Division for Children, Youth and Families examines its child abuse records and the criminal conviction records of the State Police on Adoptive/Foster Parent applicants (RSA 170-E:29), or may revoke, or refuse the license of any provider who furnishes, or makes any misleading, or false statement, or report to the Division (RSA 170-E:35, V);

All household members 18 years and older shall be subject to a criminal records search through the NH state and local police, and through all other states in which the individual has resided for the preceding 5 years;

All household members 18 years old or older shall be subject to a Federal Bureau of Investigation fingerprint record check;

Information shared about a foster child’s safety, the caregiver’s safety and the appropriateness of the placement, is confidential (RSA 170-E:49);

Other information about the child’s family, or the circumstances of the child’s placement, must also be kept confidential. This information was taken from DCYF care records and files whose confidentiality is protected by federal law. Federal regulations (42 CFR, Part 2) prohibit the further sharing of this information without obtaining the written consent of the individual to whom it pertains, or as otherwise permitted by federal regulations;

Completion of this application does not constitute acceptance into the foster care family program. It is a statement of intention only and may be withdrawn at any time; and

DCYF has the right to verify information contained in this application.”; and

c. “I/We understand the above statements and verify that all statements made are true.” ;

(2) The Form 1720 “Fire Department Inspection – One and Two Family Dwelling” (June 2020 edition) or Form 1720A “Fire Department Inspection – Apartment Building” (June 2020 edition) as applicable, completed in accordance with He-C 6446.09(f);

(3) The Form 1721 “Home Health Inspection” (June 2020 edition) completed in accordance with He-C 6446.09(g);

(4) The completed Form 1717 “Local Law Enforcement Check” (June 2020 edition) and the applicable Criminal History Record Information form as identified in Table 5700-1 in Saf-C 5703, authorizing the licensing agency to conduct a criminal records check and local law enforcement check for, the foster parent requesting renewal and all household members 18 years or older, certifying:

a. “I/We agree to provide any further information, which may be required in reference to my/our past record. I/We also authorize and request every person, firm, company, corporation, governmental agency, court, association or institution having control of any documents, records or other information pertaining to me/us, to provide to the Division for Children, Youth and Families or Child-Placing Agency any such information including documents, records, or files regarding charges or complaints filed against me/us, formal or informal, pending or closed or other pertinent data and to permit the Division or any of its agents to inspect and make copies of such records.”;

b. “I/We hereby release, discharge, and exonerate the Division for Children, Youth and Families, its agents and representatives, and any persons so furnishing or inspection of such documents, records or other information or the investigation made by or on behalf of the Division for Children, Youth and Families.”; and

c. “I hereby agree to the release of information to the Division for Children, Youth and Families, its agents and representatives.”;

(5) Form 2501 “NH Child Abuse and Neglect Central Registry Name Search Authorization Release of Information to Third Party” (June 2020 edition) completed by the foster parent requesting renewal and all household members 18 years of age or older authorizing the licensing agency to conduct a central registry check certifying:

a. “I acknowledge that the results of this search can only be released to myself or a Child-Placing Agency pursuant to NH RSA 170-E, the Department of Health and Human Services pursuant to NH RSA 17-G:8-c, or another state’s Child Welfare Agency or Private Adoption Agency pursuant to NH RSA 169-C:35. I understand and authorize the results of this search to be provided to the person/agency listed below if in compliance with the aforementioned laws. Any entity listed below that is not governed under these laws will not be sent the results.”; and

b. “I authorize the below named agency to receive the results of my registry check. I understand that the results will not be sent to me.”; and

(6) For those applicants and household members 18 years of age or older who have lived outside the state of New Hampshire within the past 5 years of application:

a. The results of a state criminal history records search for each state resided in, as required by He-C 6446.07; and

b. The results of the child abuse and neglect registries for each state resided in, as required by He-C 6446.08.

(b) Each applicant shall provide the following autobiographical information:

(1) A description of the applicant’s physical and mental health;

(2) A brief history of the applicant’s childhood and family background including identification of family members, noting those family members with whom the applicant had a close relationship, and a description of the interactions between family members;

(3) A description of the methods of discipline used in the applicant’s family;

(4) The applicant’s childhood memories of enjoyable periods of time, events, and positive relationships;

(5) The applicant’s present contacts with family members;

(6) The educational background, including highest degree attained, and areas of training and expertise;

(7) The employment history for the last 5 years;

(8) A description of the applicant’s marital status and history, including previous marriages and divorces, if applicable;

(9) A description of the applicant’s experience, if any, caring for children with special needs;

(10) A description of criminal convictions and domestic violence petitions or restraining orders, if any;

(11) A description of the foster home and the neighborhood where the applicant(s) resides;

(12) A description of life in the applicant foster home, including the routine for housekeeping chores, and identification of any pets in the home, if applicable;

(13) A description of the way in which the members of the applicant foster family:

a. Solve problems;

b. Settle disputes;

c. Show love and affection;

d. Show anger;

e. Show sadness; and

f. Share household chores;

(14) A description of the family activities of the applicant foster family;

(15) A description of the expectations, hopes, and fears of the applicant foster family; and

(16) The applicant’s history of parenting other people’s children.

(c) Each additional adult caregiver residing in the foster home shall provide the following autobiographical information:

(1) A description of the adult caregiver’s physical and mental health;

(2) A brief history of the adult caregiver’s childhood and family background including identification of family members, noting those family members with whom the applicant had a close relationship, and a description of the interactions between family members;

(3) A description of the methods of discipline used in the adult caregiver’s family;

(4) The adult caregiver’s childhood memories of enjoyable periods of time, events, and positive relationships;

(5) The adult caregiver’s present contacts with family members;

(6) The educational background, including highest degree attained, and areas of training and expertise;

(7) The employment history for the last 5 years;

(8) A description of the adult caregiver’s marital status and history, including previous marriages and divorces, if applicable;

(9) A description of the adult caregiver’s experience, if any, caring for children with special needs;

(10) A description of criminal convictions and domestic violence petitions or restraining orders, if any;

(11) A description of the applicant foster home and the neighborhood where the adult caregiver resides;

(12) A description of life in the applicant foster home, including the routine for housekeeping chores, and identification of any pets in the home, if applicable;

(13) A description of the way in which the members of the applicant foster family:

a. Solve problems;

b. Settle disputes;

c. Show love and affection;

d. Show anger;

e. Show sadness; and

f. Share household chores;

(14) A description of the family activities of the applicant foster family;

(15) A description of the expectations, hopes, and fears of the applicant foster family; and

(16) The adult caregiver’s history of parenting other people’s children.

(d) An application shall be deemed complete upon submission of the application packet in (a) above, the autobiographical information in (b) and (c) above, and the following:

(1) Form 1722 “Medical Information Statement” (October 2023 edition) completed in 2 parts, the first by the applicant or household member and the second by a physician, physician assistant, or nurse practitioner, for each applicant and each household member, and submitted by the completing physician, physician’s assistant, or nurse practitioner to include:

a. Section 1, signed and dated by the applicant, household member, or authorized legal representative with the following acknowledgements:

“By signing below, I authorize the following named healthcare provider to release my PHI listed below and any other information required by the assessment and evaluation and findings requested on this form, specifically the disclosure of any PHI that may be specified in Section 2 of this form, to the above named licensing agency and the department of health and human services, division for children, youth and families. I understand I am not required to sign this form, however, if I do not sign, the healthcare provider will not share my PHI included in the medical evaluation and assessment, and the licensing agency will not be able to process my application.” and

“I understand that the department of health and human services, division for children, youth and families, and the licensing agency may use the disclosed information to the extent permitted by state and federal law and may no longer be protected by the HIPAA federal privacy rule (45 CFR Part 164.508(c)). I understand I can revoke my permission at any time by writing to the licensing agency. This authorization will expire 2 years from the date I sign below.”; and

b. A copy of the child’s immunization record;

(2) Form 1728 “Pre-Adoptive and Foster Family Care Financial Statement” (June 2020 edition);

(3) The names and contact information for 5 references, in accordance with the following:

a. Each reference shall be a person who has known the applicant(s) for more than one year;

b. Of the 5 references, no more than one shall be from a person related to the applicant(s) by blood or marriage;

c. All 5 references shall be positive in order to constitute a complete application for licensure; and

d. All references received shall become a permanent part of the foster home record and as such shall be transferred to another child-placing agency if applicable;

(4) For any foster home in which the applicant is not the homeowner, a letter of good standing shall be obtained and submitted from the proprietor of the property or his or her designee;

(5) Completed home visits in accordance with He-C 6446.10;

(6) A completed home study as described in He-C 6446.11; and

(7) Proof of completion of pre-licensing training in accordance with He-C 6446.12.

(e) Upon receipt of the information requested in (a)-(d) above, the department shall review, notify, approve, or deny the application in accordance with RSA 541-A:29.

(f) If the information provided on the “Medical Information Statement” is incomplete or contradictory to other information provided by the applicant and the applicant is unable to provide information to resolve the conflict, the licensing agency shall require that the applicant or household member obtain a medical or psychological evaluation.

(g) Upon the request of the licensing agency, the applicant shall provide additional information and references if more information is required to assess the character and abilities of the applicant.

(h) A licensing agency that is not DCYF shall use the forms described in this section, except that they may alter the forms by adding the agency’s name, logo, and contact information.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.04); ss by #13056, eff 6-16-20 (formerly He-C 6446.07); ss by #13790, eff 10-21-23

N.H. Code Admin. R. Ann. He-C 6446.07 Criminal Records Check {#sec-he-c-6446.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.07}

(a) The applicant and all household members 18 years old or older shall be subject to a criminal records search through the New Hampshire state and local police, and through all other states in which the individual has resided for the preceding 5 years.

(b) The applicant(s) and all household members 18 years old or older shall be subject to a Federal Bureau of Investigation fingerprint record check.

(c) The applicant shall submit a completed Form 1717 “Local Law Enforcement Check” (June 2020 edition) for the applicant and all household members, authorizing a review of any history of involvement with the local law enforcement agency where the applicant and all household members reside.

(d) The applicant and all household members shall be subject to a review of the New Hampshire department of safety’s division of state police “Registration of Criminal Offenders” by accessing the URL “http://business.nh.gov/nsor/ (complete demographic fields; click search)”, regardless of age.

(e) The licensing agency shall examine and consider all documentation and reports received through (a)-(d) above regarding any involvement, convictions, or both of an applicant or household member for its impact on licensure in accordance with He-C 6446.28(b).

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.05); ss by #13056, eff 6-16-20 (formerly He-C 6446.08)

N.H. Code Admin. R. Ann. He-C 6446.08 Abuse and Neglect Registry Check. {#sec-he-c-6446.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.08}

(a) The applicant and all household members 18 years of age or older shall complete and submit Form 2501 “NH Child Abuse and Neglect Central Registry Name Search Authorization Release of Information to Third Party” (June 2020 edition) to DCYF to conduct the central registry check.

(b) Those applicants and household members 18 years of age or older who have lived outside the state of New Hampshire within the past 5 years of application shall be subject to a child abuse and neglect registry check in each state they have resided in the past 5 years.

(c) The licensing agency shall receive the results of the central registry check, and the out-of-state child abuse and neglect registry checks as applicable.

(d) A licensing agency shall request the applicant to provide further information regarding a positive registry match to review any implications of the information with the applicant and determine its impact on licensure in accordance with He-C 6446.28(a).

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.06); ss by #13056, eff 6-16-20(formerly He-C 6446.09)

N.H. Code Admin. R. Ann. He-C 6446.09 Foster Home Requirements for the Physical Environment {#sec-he-c-6446.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.09}

(a) The foster home shall be constructed, arranged, maintained, and furnished to provide for the health and safety of household members and all children in care.

(b) The foster home shall:

(1) Include a minimum of one indoor bathroom for every 8 persons in the household, which includes:

a. A toilet;

b. A sink;

c. A bathtub or shower; and

d. A door equipped with a latch for privacy;

(2) Include at least one phone available in the home for incoming and outgoing calls, that is made accessible to the child in care for personal calls;

(3) Provide for the privacy for all household members and children in care;

(4) Provide a separate bed for each child in care;

(5) Prohibit any household member from co-sleeping or bed sharing with any child;

(6) Include a bedroom separate from adults for each child in care who is older than one year;

(7) Provide a bedroom separate from children of the opposite gender who are over age 5;

(8) Provide adequate bedding for each child in care;

(9) Provide space for clothing and personal possessions;

(10) Provide a barrier-free access to the home and inside the home for each child in care who has physical and medical needs, as applicable; and

(11) Provide basic first aid supplies including at a minimum bandages and antiseptic cleanser.

(c) At the time of the first home visit the applicant shall inform the licensing agency if the applicant or other household member possesses any weapons or firearms.

(d) If the applicant or any household member possesses any weapons or firearms, the following safeguards shall be made:

(1) All weapons and firearms in the foster home shall be kept in a locked cabinet, storage container, or be secured with trigger locks;

(2) Ammunition, projectiles such as arrows, and attachments such as bayonets kept in the foster home shall be stored and locked separately from the weapon or firearm; and

(3) All weapons and firearms shall be secured and inaccessible when carried in a vehicle operated by a foster parent or other household member in which children in care are transported.

(e) If the applicant has a swimming pool, the applicant shall maintain a life saving device such as a ring buoy in proximity of the swimming pool.

(f) The applicant shall have a fire inspection of the home conducted, as follows:

(1) The applicant shall arrange for the fire inspection of the home with the local fire inspector;

(2) The applicant shall complete the top section of Form 1720 “Fire Department Inspection – One and Two Family Dwelling” (June 2020 edition) if the applicant lives in a building with no more than 2 individual dwellings or Form 1720A “Fire Department Inspection – Apartment Building” (June 2020 edition) if the applicant lives in a building with 3 or more individual dwellings, to include date, district office information, and foster family residence and contact information; and

(3) Upon conducting the inspection, the fire inspector shall complete the rest of Form 1720 or Form 1720A, as applicable, and send a copy to the district office indicated on the form.

(g) The applicant shall have a home health inspection of the home conducted, as follows:

(1) The applicant shall arrange for the health inspection of the home with the local health officer;

(2) The applicant shall complete the top section of Form 1721 “Home Health Inspection” (June 2020 edition) to include date, district office information, and foster family residence and contact information, and shall sign the form; and

(3) Upon conducting the inspection, the local health officer shall complete the rest of Form 1721 and send a copy to the district office indicated on the form.

(h) The applicant shall complete and submit to the district office Form 1723 “Insurance and Safety Verification” (June 2020 edition) certifying the following:

(1) Under the safety information:

a. “I agree to keep all firearms or dangerous weapons in the home stored in a locked container inaccessible to foster children.”;

b. “I agree to keep all vehicles in a safe running condition.”;

c. “I agree that any person transporting foster children will have a valid driver’s license.”; and

d. “I agree to keep the home heating system(s) at the above noted address properly installed, and in good and safe operating condition.”; and

(2) “By signing below, I certify that if my insurance (homeowners, renter’s, or automobile) expires that I will renew it without a lapse in coverage. I also certify that if my driver’s license, automobile registration, or automobile inspection expired that I will renew it without a lapse.”

(i) The applicant shall have a written emergency evacuation plan reviewed with all household members and posted in a prominent location in the home.

(j) The applicant shall have a comprehensive list of emergency telephone numbers, including poison control posted in a prominent location in the home.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.07); ss by #13056, eff 6-16-20 (formerly He-C 6446.10)

N.H. Code Admin. R. Ann. He-C 6446.10 Home Visits {#sec-he-c-6446.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.10}

(a) The applicant and all household members shall meet in the foster home with representatives of the licensing agency at least once prior to the issuance of a permit and at least twice prior to the issuance of a license for a sufficient amount of time to allow representatives of the licensing agency to evaluate the foster home and assess the abilities of the applicant.

(b) The applicant or licensee shall admit representatives of the licensing agency into the foster home for all visits, including, but not limited to, annual monitoring visits and complaint investigations.

(c) The licensee shall admit representatives of the child-placing agency into the foster home for all visits and supervision of any child placed in the home.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.08); ss by #13056, eff 6-16-20 (formerly He-C 6446.11)

N.H. Code Admin. R. Ann. He-C 6446.11 Home Study {#sec-he-c-6446.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.11}

The applicant and all household members shall cooperate with the licensing agency during the home study and family assessment process.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.09); ss by #13056, eff 6-16-20 (formerly He-C 6446.12)

N.H. Code Admin. R. Ann. He-C 6446.12 Pre-Licensing Training {#sec-he-c-6446.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.12}

(a) Prior to the issuance of an initial license, the applicant shall attend in its entirety pre-licensing training required by DCYF as described in (b) below, except as allowed in (c) and (d) below.

(b) The pre-licensing training referenced in (a) above shall consist of a total of at least 30 hours of training, which includes, but is not limited to:

(1) An orientation to the foster care system;

(2) A review of the laws and regulations pertaining to foster care;

(3) The impact of trauma on child growth and development;

(4) Understanding grief and loss;

(5) Maintaining family connections, including with birth parents;

(6) The guidance and positive discipline of children;

(7) Implementation of the reasonable and prudent parent standards;

(8) The impact of sexual abuse and maintaining a safe environment;

(9) First aid and cardiopulmonary resuscitation (CPR); and

(10) Medication administration.

(c) An applicant who has held a valid foster family care license within the past 4 years in New Hampshire shall be exempt from completing the pre-licensing training in (b) above on those topics for which the curriculum has not changed since the applicant last completed the training.

(d) An applicant who has held a valid foster family care license within the past 4 years in any other state shall be exempt from completing the pre-licensing training in (b) above on those topics for which the applicant demonstrates completion of training on a curriculum with like competencies.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.10); ); ss by #13056, eff 6-16-20 (formerly He-C 6446.13)

N.H. Code Admin. R. Ann. He-C 6446.13 Submission of Applications by Employees of Licensing Agencies {#sec-he-c-6446.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.13}

(a) Persons employed by DCYF who wish to obtain a license shall apply to a child-placing agency other than DCYF that is licensed to issue foster family home licenses.

(b) Persons employed by a child-placing agency who wish to obtain a license shall apply to DCYF or a child-placing agency other than the agency where the person is employed, that is licensed to issue foster family home licenses.

(c) Upon issuance of the license, the licensing agency shall be responsible for the supervision and monitoring of the licensed foster family home.

(d) Supervision of the child’s placement shall be provided by a child-placing agency or district office other than where the staff are employed.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.11); ss by #13056, eff 6-16-20 (formerly He-C 6446.14)

N.H. Code Admin. R. Ann. He-C 6446.14 License and Permit Requirements {#sec-he-c-6446.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.14}

(a) A license or permit for foster family care shall be issued for a specific number, age range, and gender of children in care.

(b) The foster family care license or the foster family care permit shall include the following information:

(1) The first and last names of the foster parents;

(2) The physical address of the foster parents;

(3) The period of the license or permit;

(4) The age range of the children in care who are authorized to be placed in the foster home;

(5) The total number of children in care who are authorized to be placed in the foster home;

(6) The total number of male children in care who are authorized to be placed in the foster home;

(7) The total number of female children in care who are authorized to be placed in the foster home;

(8) The date of issuance; and

(9) The signature of the director of DCYF.

(c) A foster family home with 2 licensed foster parents shall provide care and supervision to no more than 6 children under the age of 21, inclusive of:

(1) The total number of children in care placed in the foster home;

(2) The number of foster family’s birth and adopted children;

(3) Children in respite care; and

(4) The number of other children residing in the foster home on a regular, 24-hour basis.

(d) A foster family home with one licensed foster parent shall provide care and supervision to no more than 4 children under the age of 21, inclusive of:

(1) The total of the number of children in care placed in the foster home;

(2) The number of the foster family’s birth and adopted children;

(3) Children in respite care; and

(4) The number of other children residing in the foster home on a regular, 24-hour basis.

(e) Exceptions to (c) and (d) above shall be made in accordance with RSA 170-E:25, II(a)(2), if the foster family is willing and able to take a sibling or a group of siblings of a child already in their care, and the department has concluded that the foster family is able to provide for the safety, permanency, and well-being of the child or children.

(f) The foster family care provider shall provide care and supervision for no more than 2 children in care at any one time who are under the age of 2 years, unless the children are related by blood or marriage.

(g) Each foster parent providing care shall be a full-time resident of the foster home.

(h) Each foster parent and household member shall meet the physical health eligibility criteria set by the U.S Department of Health and Human Services, Administration on Children Youth and Families, “National Model Foster Family Home Licensing Standards” (February 2019) available at https://www.acf.hhs.gov/sites/default/files/documents/cb/im1901.pdf , as noted in Appendix A, as follows:

(1) For any foster parent seeking to provide care to a child under 6 years old, or a child with special medical needs, all children who are household members shall be up to date on immunizations consistent with the number of immunization doses, dosage, route of administration, spacing, and age recommendations of the American Academy of Pediatrics (AAP), the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention (ACIP), and the American Academy of Family Physicians (AAFP), with the exception of vaccines used for the prevention of COVID-19, unless an exemption for the immunization has been received pursuant to RSA 141-C:20-c;

(2) All adult household members who will be caregivers of infants shall be up-to-date for pertussis (whooping cough) vaccine, unless the immunization is contrary to the individual’s health as documented by a licensed health care professional; and

(3) All adult household members who will be caregivers of infants and children with special medical needs shall be up-to-date for an annual influenza vaccine, unless the immunization is contrary to the individual’s health as documented by a licensed health care professional.

(i) For any foster parent seeking to provide care to a child age 6 and over, unless a child who is a household member has received an exemption from the vaccination requirement pursuant to RSA 141-C:20-c, all children shall be up to date on immunizations consistent with He-P 301.14 (b)(1)-(6).

(j) No additional immunizations shall be required for any children who are household members of a foster home other than immunizations that are required for other school age children in this state.

(k) Special medical needs of a child in care shall be determined by the child in care’s physician licensed under RSA 329.

(l) A permit for family foster care shall be valid for a period up to 6 months from the date issued.

(m) A license for family foster care shall be valid for a period of up to 2 years from the date issued, however, the expiration date shall not be later than 2 years from the date of the fire inspection report, the criminal history records checks, or the abuse and neglect registry checks, whichever is earliest.

(n) A permit for foster family care shall be subject to conditions established by the department that are necessary to promote the health and safety of the child in care.

(o) A foster parent with valid licensure to provide child day care service shall be approved to provide child day care services for children in care only when the ratio of children in care to other children receiving child day care service in the home is at least one to one.

(p) The foster family care licensee shall maintain the applicant requirements outlined in He-C 6446.04.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.12); ss by #13056, eff 6-16-20 (formerly He-C 6446.15); ss by #13790, eff 10-21-23

N.H. Code Admin. R. Ann. He-C 6446.15 Renewal of a Foster Family Care License {#sec-he-c-6446.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.15}

(a) Pursuant to RSA 170-E:32, a foster parent shall file for renewal of the license 3 months prior to the expiration date of the license.

(b) A renewal packet shall be submitted including the following:

(1) An updated Form 1715 “Application for Foster Family Care License” (October 2023 edition);

(2) Form 1720 “Fire Department Inspection – One and Two Family Dwelling” (June 2020 edition) or Form 1720A “Fire Department Inspection – Apartment Building” (June 2020 edition) as applicable, completed in accordance with He-C 6446.09(f);

(3) A completed Form 1717 “Local Law Enforcement Check” (June 2020 edition) and the applicable Criminal History Record Information form as identified in Table 5700-1 in Saf-C 5703, authorizing the licensing agency to conduct a criminal records check and local law enforcement check for:

a. The foster parent requesting renewal; and

b. All household members 18 years or older;

(4) A completed Form 2501 “NH Child Abuse and Neglect Central Registry Name Search Authorization Release of Information to Third Party” (June 2020 edition) authorization for the licensing agency to conduct a central registry check for:

a. The foster parent requesting renewal; and

b. All household members 18 years or older; and

(5) For those applicants and household members 18 years of age or older who have lived outside the state of New Hampshire within the past 5 years of application:

a. The results of a state criminal history records search for each state resided in, as required by He-C 6446.07; and

b. The results of the child abuse and neglect registries for each state resided in, as required by He-C 6446.08.

(1) An updated Form 1722 “Medical Information Statement” (October 2023 edition) for each applicant and each household member, completed in 2 parts, the first by the applicant or household member and the second and submitted by the applicant’s or household member’s physician, physician assistant, or nurse practitioner, as described in He-C 6446.06(d)(1);

(2) An updated Form 1728 “Pre-Adoptive and Foster Family Care Financial Statement” (June 2020 edition) described in He-C 6446.06(g);

(3) An updated Form 1723 “Insurance and Safety Verification” (June 2020 edition) described in He-C 6446.09(h);

(4) A list of in-service trainings completed since the date the license was issued, including:

a. The title of the training;

b. The sponsor of the training;

c. The date of the training; and

d. The number of hours for each training; and

(5) An updated home study as described in He-C 6446.11.

(d) Upon the request of the licensing agency, additional information shall be provided if more information is required to assess the character and abilities of the applicant.

(e) The licensing agency shall review the materials provided pursuant to (b)-(d) above and:

(1) Submit the names, or applicable forms, of the individuals identified in (b)(3) above to:

a. The local law enforcement agency for each location lived during the current licensure period for the presence of any history of involvement; and

b. The New Hampshire state police to conduct a criminal records check;

(2) Submit the appropriate completed forms of the individuals identified in (b)(4) above to DCYF to conduct a central registry check;

(3) Review of the New Hampshire department of safety’s division of state police “Registration of Criminal Offenders” for each household member, regardless of age;

(4) Conduct a home visit as described in He-C 6446.10; and

(5) Complete a written assessment of the foster parent’s compliance with the requirements of RSA 170-E and He-C 6446 during the current period of licensure.

(f) If the foster parent seeking license renewal has maintained compliance with the requirements in He-C 6446 and presents a set of qualifications that, taken as a whole, affirmatively shows a commitment to the purposes of foster family care, as established in He-C 6446.02, and to the “Foster Care Children’s Bill of Rights” in RSA 170-G:20-21, the licensing agency shall recommend renewal of the license by the department.

(g) If the foster parent seeking license renewal has not met the requirements in (f) above, the licensing agency shall recommend denial of the license by the department.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.13); ss by #13056, eff 6-16-20 (formerly He-C 6446.16); ss by #13790, eff 10-21-23

N.H. Code Admin. R. Ann. He-C 6446.16 Requirements for the Care and Supervision of Children in Care {#sec-he-c-6446.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.16}

(a) Foster parents shall provide each child in care with:

(1) Nutritionally well-balanced meals to meet dietary needs;

(2) Clothing individually selected, fitted, and appropriate to the season;

(3) The opportunity to share with other household members in taking responsibility for household chores appropriate to the child's age, health, and ability; and

(4) The opportunity for age and developmentally appropriate leisure time activities, socialization, and for the development of special interests and abilities, such as arts, crafts, music, and sports, consistent with the reasonable and prudent parent standards.

(b) Foster parents shall be responsible for the care of the child’s possessions received with a child in care or purchased for the child while in care, to include but not limited to assistive medical devices, clothing, books, and photographs. Foster parents shall return all belongings of a child who was in their care to the child or the child’s parent or guardian within 7 days of the child leaving the foster parent’s care.

(c) Foster parents shall use the reasonable and prudent parent standard pursuant to RSA 170-G:20 to make normal daily decisions in the life of the child and grant permission for participation in family, school, community, cultural, and social leisure time activities.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00 ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.14); ss by #13056, eff 6-16-20 (formerly He-C 6446.17)

N.H. Code Admin. R. Ann. He-C 6446.17 Case Planning for Children in Care {#sec-he-c-6446.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.17}

(a) Foster parents shall have the opportunity to participate in the development of the case plan for children in care.

(b) Foster parents shall implement his or her portion of the case plan for the child in care and work cooperatively with DCYF staff, the parents of the child in care, and service providers when implementing the case plan for the child.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15; ss by #13056, eff 6-16-20 (formerly He-C 6446.18)

N.H. Code Admin. R. Ann. He-C 6446.18 Education for Children in Care {#sec-he-c-6446.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.18}

(a) Each foster parent shall work cooperatively with the licensing agency, the parents of the child in care, and the public school in providing for the education of the child in care.

(b) Each foster parent shall assist in implementing the individual education plan for a child in care who has been identified as educationally disabled.

(c) Each foster parent shall ensure that the child in care attends his or her educational program and encourage him or her to achieve his or her highest educational potential including college, vocational training, and career development.

(d) Each foster parent shall instruct each child in care about age and developmentally appropriate life skills, including:

(1) Family roles;

(2) Sex education;

(3) Consumer education;

(4) Money management; and

(5) Higher education or career planning.

(e) Each foster parent shall ensure that a child in care who is 16 years or older has the opportunity to participate in the DCYF teen independent living program.

(f) Using the reasonable and prudent parent standard as defined in He-C 6446.03(ac), each foster parent shall allow and encourage the child in care to participate in school related activities and events based on their age, ability, and development if there are no existing safety concerns for the child’s inclusion and the activity is otherwise not prohibited by the case plan or court order.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.16); ss by #13056, eff 6-16-20 (formerly He-C 6446.19)

N.H. Code Admin. R. Ann. He-C 6446.19 Health Care for Children in Care {#sec-he-c-6446.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.19}

(a) Each foster parent shall cooperate in arranging for health care for a child in care and shall ensure that the prescribed program of immunizations is followed.

(b) Each foster parent shall ensure that any prescribed medications, assistive devices, or both, are properly maintained for the exclusive use of the child in care for which prescribed.

(c) Each foster parent shall maintain a record of the physical and mental health care visits of a child in care, which shall include:

(1) The dates of visits and treatment;

(2) The reasons for the visits referenced in (1) above;

(3) The names of health care providers seen;

(4) Health care services received; and

(5) Medications prescribed and the physician’s instructions.

(d) Upon request, a foster parent shall make available health care information on the child in care to the licensing agency.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.17); ss by #13056, eff 6-16-20 (formerly He-C 6446.20)

N.H. Code Admin. R. Ann. He-C 6446.20 In-Service Training Requirements {#sec-he-c-6446.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.20}

(a) Each foster parent shall complete a minimum of 16 hours of competency based in-service training during the 2-year licensing period, which shall be provided through direct face-to-face training, online or web-based training programs, video presentations, or workbook or other printed material, all of which shall be related to foster care, adoption, or the specific needs of a child placed in the home.

(b) The in-service training referenced in (a) above shall:

(1) Be recommended and pre-approved by the licensing agency in accordance with an individualized training plan;

(2) Be offered in units of training that are a minimum of one hour in duration; and

(3) Offer skill and competency building to foster parents to meet the needs of the child(ren) in care and the identified needs of the foster family to include topics such as:

a. Child growth and development;

b. Foster family management including household organization, setting standards, and stress management;

c. Family systems and trauma-informed practices;

d. Normalcy for children and youth in care;

e. Special education; and

f. Specialized medical care.

(c) If the foster parent was not required to train in the reasonable and prudent parent standard for their initial license, this training topic shall be completed prior to their next renewal application.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.18); ss by #13056, eff 6-16-20 (formerly He-C 6446.21)

N.H. Code Admin. R. Ann. He-C 6446.21 Religion and Culture {#sec-he-c-6446.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.21}

(a) Foster parents shall respect and encourage the linguistic, ethnic, religious, spiritual, and cultural background of the child in care and of the child’s family.

(b) Foster parents shall cooperatively support the child in care in maintaining his or her linguistic, ethnic, religious, spiritual, and cultural connections.

History

#7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00
#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.19); ss by #13056, eff 6-16-20 (formerly He-C 6446.22)

N.H. Code Admin. R. Ann. He-C 6446.22 Requirements Regarding Discipline of Children in Care {#sec-he-c-6446.22 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.22}

(a) Foster parents, adult household members, and other individuals who provide care in the foster home shall administer discipline only in a constructive way, which is individualized to meet the needs, development, and experiences of the child.

(b) The following practices shall be prohibited for children in care:

(1) Child abuse as defined in RSA 169-C:3, II;

(2) The use of seclusion and restraint, except as allowed by RSA 126-U;

(3) Derogatory remarks or statements that humiliate, ridicule, or intimidate;

(4) Deprivation of food, meals, mail, or family contact;

(5) Threats of alternate placements;

(6) Corporal punishment, which means the infliction of bodily suffering or pain that is intended to prevent or chastise a child’s misconduct, including the use of spanking;

(7) Mechanical and non-prescription chemical restraint;

(8) Intentional misuse of prescribed medications as chemical restraints;

(9) Involuntary seclusion or isolation such that there is no ability to visually or audibly supervise the safety of the child or the child has no means of evacuation, which might include the modification of the environment to restrict egress or the use of criminal restraints;

(10) Assignment of physically strenuous or dangerous exercise or work as a punishment; and

(11) Verbal or physical punishment for bed-wetting or negative actions related to toilet training.

History

#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.20); ss by #13056, eff 6-16-20 (formerly He-C 6446.23)

N.H. Code Admin. R. Ann. He-C 6446.23 Visits and Contacts with the Child in Care {#sec-he-c-6446.23 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.23}

(a) Upon request by DCYF, a foster parent shall meet with the family of the child in care and the case manager to develop a mutually agreed upon schedule and plan for visits and contacts.

(b) This schedule and plan for visits and contacts shall include contacts with the family and with other individuals in accordance with the child’s case plan and any court orders.

(c) Foster parents shall maintain the mutually agreed upon schedule and plan for visits and contacts which may include weekends and holidays.

(d) Foster parents shall make efforts to obtain the input and consensus from the parent or legal guardian when making decisions around high risk or extended activities, even when using a reasonable and prudent parent standard.

History

#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.21); ss by #13056, eff 6-16-20 (formerly He-C 6446.24)

N.H. Code Admin. R. Ann. He-C 6446.24 Record Keeping and Confidentiality {#sec-he-c-6446.24 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.24}

(a) A foster parent shall maintain a file for each child in care, including the following information and documentation:

(1) The child’s name and birth date;

(2) Date of the placement in the foster home;

(3) Copies of the case plans;

(4) Copies of Form 1552 “Child/Youth Information Sheet” (June 2020 edition), and Form 1643A ”Getting to Know Me - Infant/Toddler (0-3 Years Old)” (June 2020 edition), Form 1643B “Getting to Know Me - School-Aged Child (4-10 Years Old)” (June 2020 edition), or Form 1643C “Getting to Know Me – Youth (11-18 Years Old)” (June 2020 edition), previously completed by the child’s parent or previous foster parent as provided by DCYF;

(5) Documents from schools, doctors, and other agencies providing services to the child in care;

(6) Dates and outcomes of school conferences;

(7) A record of the child’s health care visits and other medical documentation as required in He-C 6446.19;

(8) Legal documents and personal papers and documentation concerning the child;

(9) Highlights of a child's participation in extracurricular, enrichment, cultural, and social activities; and

(10) Reports of any use of restraint or seclusion per RSA 126-U:7-a.

(b) The file referenced in (a) above shall be kept in a secure place in the foster home to preserve confidentiality.

(c) The foster parent shall review and update the information on Form 1552 “Child/Youth Information Sheet” (June 2020 edition), previously completed by the child’s parent and given to the foster parent at the time of placement, for each child in care every 6 months and when the child leaves the foster home, and submit the updated form to the case manager. Attachments to the forms may be used to supplement the information required.

(d) The foster parent shall update the following age applicable form for each child in care when they reunify or transfer to an alternative placement:

(1) Form 1643A “Getting to Know Me - Infant/Toddler (0-3 Years Old)” (June 2020 edition) for children ages birth through 3 years old;

(2) Form 1643B “Getting to Know Me - School-Aged Child (4-10 Years Old)” (June 2020 edition) for children ages 4 through 10 years old; or

(3) Form 1643C “Getting to Know Me – Youth (11-18 Years Old)” (June 2020 edition) for children ages 11 to 18 years old.

(e) Legal documents and personal papers concerning the child shall be given to DCYF when the child leaves the foster family’s care.

(f) All identifying information, whether written, oral, imagery, or electronic, concerning the child in care, family of the child in care, or the circumstances of the child’s situation shall be kept confidential.

(g) Information about the safety of a child in care, the foster parents’ safety, and the appropriateness of the placement shall also be confidential.

(h) If a situation requires disclosure of confidential information, written consent of the parent and DCYF shall be obtained prior to disclosure.

History

#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.22); ss by #13056, eff 6-16-20 (formerly He-C 6446.25)

N.H. Code Admin. R. Ann. He-C 6446.25 Mandatory Changes to Report {#sec-he-c-6446.25 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.25}

(a) A foster parent shall notify the licensing agency when he or she is aware prior to changes in any of the following:

(1) The foster parent’s residential or mailing address;

(2) The foster parent’s home telephone or cell phone number;

(3) The foster parent’s marital status;

(4) The foster parent’s employment status;

(5) The household composition;

(6) The physical structure of the foster home, which affects the safety of the residents, such as:

a. Structural repairs;

b. The installation of a wood stove;

c. The removal of a furnace or other heating source; or

d. The addition of a pool, pond, or other body of water;

(7) Any household member’s involvement with DCYF services, including post-adoption services or services under RSA 169-B or RSA 169-D; and

(8) Any circumstances which might violate the licensing requirements in He-C 6446.

(b) When it is not possible for a foster parent to provide prior notice to the licensing agency, the foster parent shall notify the licensing agency within one week of the occurrence of any of the following:

(1) Changes listed in (a) above;

(2) A change in the mental, emotional, or physical health of any member of the household; and

(3) Any contact with federal, state, or local law enforcement personnel.

(c) A foster parent shall notify the licensing agency prior to accepting a placement of a child directly from a child’s parent or guardian, another child-placing agency, or from another office of the licensing agency.

(d) If a foster parent changes the location of his or her residence, in addition to the notice required in (a) or (b) above, the foster parent shall, within 4 weeks of the change in residence, complete and submit, or have submitted, the following to the licensing agency:

(1) The Form 1715 “Application for Foster Family Care License,” as described in He-C 6446.06(a);

(2) The Form 1720 “Fire Department Inspection – One and Two Family Dwelling” or Form 1720A “Fire Department Inspection – Apartment Building” as applicable, as described in He-C 6446.09(f); and

(3) The Form 1721 “Home Health Inspection,” as described in He-C 6446.09(g).

(e) A foster parent shall immediately notify the licensing agency, in the event of:

(1) The death of a child in care;

(2) Serious illness or injury to a child in care;

(3) The child’s unauthorized absence from the foster home; or

(4) The unplanned child care arrangements for a child in care if the arrangements are to care for the child in excess of 24 hours.

(f) In cases involving serious injury or death to a child subject to restraint or seclusion, the foster parent shall notify the commissioner of the department of health and human services, the attorney general, and the state's Disabilities Rights Center pursuant to RSA 126-U:10.

(g) A foster parent shall provide the licensing agency at least 2 weeks written notice prior to the date the foster parent is requesting the removal of the child in care from the foster home.

(h) The information provided to the licensing agency in accordance with (a) through (f) above shall be reviewed by the licensing agency for its impact on the compliance by the foster parent with the requirements of He-C 6446.

History

#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.23); ss by #13056, eff 6-16-20 (formerly He-C 6446.26)

N.H. Code Admin. R. Ann. He-C 6446.26 Orders to Comply and Immediate Removal of Children In Care {#sec-he-c-6446.26 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.26}

(a) The licensing agency shall issue a foster parent a written order to comply if the foster parent violates the foster family care licensing requirements in He-C 6446 and the violation is not related to the health, safety, or well-being of the child in care.

(b) The written order to comply shall:

(1) Specify each violation of He-C 6446;

(2) Advise that the foster parent has up to a maximum of 60 days from the date of the corrective action plan in (c) below to correct the violation(s);

(3) Specify the action that shall be taken with regard to the license if the foster parent fails to correct the violation(s) identified in the order to comply; and

(4) Be filed with the department’s foster care program manager.

(c) Within 14 days of the date of the order to comply, the licensing agency and the foster parent shall jointly develop a corrective action plan to correct the violations.

(d) The foster parent shall not accept any additional children in care, children for respite care, or children in a pre-adoptive placement:

(1) After receiving an order to comply as specified in (c) above and prior to the development of a corrective action plan; or

(2) During an ongoing investigation of alleged child abuse or neglect.

(e) The licensing agency shall offer an opportunity for informal dispute resolution to any foster parent who disagrees with a violation cited by the licensing agency on an order to comply, provided that the foster parent submits a written request for an informal dispute resolution.

(f) The informal dispute resolution shall be requested in writing, and copied to DCYF, by the foster parent no later than 14 days from the date the order to comply was issued by the licensing agency.

(g) The licensing agency shall review the evidence presented and provide a written notice to the foster parent of its decision.

(h) An informal dispute resolution shall not be available for any foster parent against whom DCYF has initiated action to revoke a license or deny a renewal license.

(i) If any violations identified pose a present risk to the health, safety, or well-being of the child in care, the department shall immediately, and with any court approval required by law, remove the child in care from the foster home without issuing an order to comply.

(j) The department shall revoke the license or permit of the foster parents without issuing an order to comply if:

(1) There is a founded report of child abuse or neglect for a foster parent;

(2) There is a judicial finding of abuse or neglect made related to the foster parent; or

(3) A foster parent is convicted of a felony or other crimes pursuant to He-C 6456.29(b).

History

#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.24); ss by #13056, eff 6-16-20 (formerly He-C 6446.27)

N.H. Code Admin. R. Ann. He-C 6446.27 Waivers {#sec-he-c-6446.27 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.27}

(a) A written request for a waiver of rules may be submitted to the department, which includes the following:

(1) The rule for which a waiver is being requested;

(2) The anticipated length of time the requested waiver will be needed;

(3) The reason for requesting the waiver;

(4) How the waiver will affect the health and safety of the child(ren) in care;

(5) A written plan for compliance with the rule, or a written plan detailing how the foster parent will satisfy the intent of the rule being waived as an alternative to complying with the rule;

(6) The number and ages of children who will be affected by the requested waiver; and

(7) The signature of the person requesting the waiver.

(b) The department shall not accept any request for a waiver of any of the provisions of RSA 170-E, or any other rules of other state agencies, which are referred to in this part.

(1) The request does not comply with (a) and (b) above;

(2) The department finds that approval of the requested waiver will jeopardize the health or safety of the child(ren) in care;

(3) The department finds that approval of the requested waiver will impair the foster parent’s ability to adequately care for the child(ren) in care; or

(4) The department finds that the plan does not satisfy the intent of the rule as an alternative to complying with the rule.

(d) The department shall approve a request for a waiver if it determines that no grounds for denial in (c) above exist for the length of time requested in (a)(2) above or until the expiration of the license, whichever comes first.

History

#7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.25); ss by #13056, eff 6-16-20 (formerly He-C 6446.28)

N.H. Code Admin. R. Ann. He-C 6446.28 Denials and Revocations {#sec-he-c-6446.28 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6446.28}

(a) In addition to the reasons for denial specified in RSA 170-E:35, the department shall deny an application for, or revoke a foster family care license or permit, if the applicant is the subject of a founded report of child abuse or neglect in New Hampshire or any other state, unless DCYF determines that the applicant does not pose a present threat to the health, safety, or well-being of the child(ren) and that the placement is in the best interest of the child(ren).

(b) In addition to the reasons for denial specified in RSA 170-E:35 and in (a) above, the department shall deny an initial or renewal application for a foster family care license or permit if the applicant or household member 18 years of age or older:

(1) Has been convicted of a felony for child abuse or neglect, spousal abuse, any crime against children, child pornography, rape, sexual assault, or homicide, but not including other physical assault or battery in accordance with 42 USC 671 (a)(20)(A)(i);

(2) Has been convicted of a felony for physical assault, battery, or a drug-related offense, and that felony conviction was committed within the past 5 years in accordance with 42 USC 671 (a)(20)(A)(ii); or

(3) Has been convicted of a violent or sexually-related crime against a child or of a crime which shows that the person might be reasonably expected to pose a threat to a child, such as a violent crime or a sexually-related crime against an adult, pursuant to RSA 170-E:29, III.

(c) In addition to the reasons for denial specified in RSA 170-E:35 and in (a) and (b) above, the department shall deny an initial or renewal application for a foster family care license or permit if the applicant:

(1) Has a motor vehicle record or is the subject of a report from another source, including a local law enforcement agency, which, following assessment, shows that the applicant or household member might reasonably be expected to pose a threat of harm to a child;

(2) Does not fully comply with the foster family care licensing requirements in He-C 6446;

(3) Knowingly furnishes or makes false or misleading statements or information, or omits information in statements or submissions to the licensing agency;

(4) Had a foster family care license or permit revoked; or

(5) From the information provided pursuant to He-C 6446.04 – 6446.12, presents a set of qualifications which, DCYF determines, when taken as a whole, does not reflect and support the purposes of foster family care, as established in He-C 6446.02, and the “Foster Care Children’s Bill of Rights” codified in RSA 170-G:20-21 .

(d) In addition to the reasons set forth in (b) and (c) above and in RSA 170-E:35, the department shall revoke a license or permit for foster family care if a foster parent:

(1) Violates the provisions of the license or permit;

(2) Refuses to submit or make available the written reports required in these rules for licensing or re-licensing in accordance with He-C 6446.04 – 6446.12;

(3) Refuses or does not submit to a child abuse and neglect report investigation;

(4) Refuses or does not admit authorized personnel for the purpose of a child abuse and neglect report investigation, home assessment, or pre-arranged visit;

(5) Does not provide and maintain a safe and sanitary home in accordance with RSA 170-E:35 and He-C 6446.09;

(6) Does not maintain resources adequate for the care of the child in care in accordance with He-C 6446.04 and He-C 6446.16;

(7) Substantially or repeatedly fails to work cooperatively with DCYF staff, the parents of a child in care, or service providers in implementing the child's case plans and permanency goals in accordance with He-C 6446.17;

(8) Interferes with the reunification or transition of the child in care into an alternative setting;

(9) Makes unfounded derogatory statements with malicious intent about DCYF staff, child-placing agency staff, the family of the child in care, other foster parents, or service providers; or

(10) From the information provided pursuant to He-C 6446.04 – 6446.12 or conduct pursuant to He-C 6446.16 – 6446.25, presents a set of qualifications which, DCYF determines, when taken as a whole, does not reflect and support the purposes of foster family care, as established in He-C 6446.02, and the “Foster Care Children’s Bill of Rights” codified in RSA 170-G:20-21.

(e) In addition to the reasons set forth in (b) and (c) above, the department shall revoke a license or permit if violations identified are not corrected within 60 days of the date of the corrective action plan in He-C 6446.26(c).

(f) When the department revokes or denies an initial or renewal license to operate a foster family home, denies or revokes a permit, or denies a waiver request, the department shall, pursuant to RSA 170-E:36, I, send to the applicant, licensee, or permittee, by registered mail, a notice which sets forth the particular reasons for the determination.

(g) Pursuant to RSA 170-E:36, I, the denial or revocation shall become final 10 days after receipt of the notice unless the applicant, licensee, or permittee requests a hearing under He-C 6446.29.

He C 6446.29 Appeals.

(a) Administrative appeals of department decisions to revoke or deny an initial or renewal license, deny or revoke a permit, or modify a license or permit shall be conducted in accordance with RSA 170-E:37, RSA 541-A, He-C 200, and this section.

(b) Appeal requests shall be filed within 10 days of the date of the notice of action.

History

#7321, eff 7-22-00; ss by #8663, eff 6-16-0606; ss by #10788, eff 2-21-15 (from He-C 6446.26); ss by #13056, eff 6-16-20 (formerly He-C 6446.29)
#10788, eff 2-21-15 (from He-C 6446.28); ss by #13056, eff 6-16-20 (formerly He-C 6446.30)

Part He-C 6447 Kinship Care Home Licensing Standards

N.H. Code Admin. R. Ann. He-C 6447.01 Purpose {#sec-he-c-6447.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.01}

The purpose of this part is to establish:

(a) Minimum standards of character, qualifications, mental and physical ability, and competence required of applicants and household members necessary for the safety, permanency, and well-being of children who have been removed from their parents or guardians and placed with kin;

(b) Minimum standards for the physical environments of kinship care homes for safety, environmental health, and adequacy of the homes to provide for the physical comfort, health, and well-being of children received for care;

(c) Uniform standard procedures for kinship care home applicants to submit applications for permitting, licensure, and renewal licensure;

(d) Uniform procedures for the department to process submitted applications;

(e) Uniform responsibilities and obligations for permit holders and licensees;

(f) Uniform procedures for denials of applications for permitting, licensure, and renewal of licensure; and

(g) Uniform procedures for revocations of permits and licenses issued under this part.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.02 Scope and Applicability {#sec-he-c-6447.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.02}

The kinship care home requirements in part He-C 6447 shall apply to applicants, household members, kinship care homes as defined in RSA 170-E:25, II(g)(1), permitted or licensed kinship care home caregivers, the department of health and human services (department), and licensing agencies who perform kinship care home permitting and licensing functions on behalf of the department. This part shall not apply to a parent or individual made exempt from kinship care home permitting or licensure by law.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.03 Definitions {#sec-he-c-6447.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.03}

(a) “Adult household member” means an individual, age 18 years or older, who resides either full or part-time in the home, and who does not have a license or permit to operate a kinship care home.

(b) “Applicant” means an individual who is applying for a kinship care home permit or license.

(c) “Case plan” means the written plan developed by the staff of the division for children, youth and families (DCYF) with the involved family, pursuant to RSA 170-G:4, III, 42 USC 671, and 42 USC 675.

(d) “Central registry” means the state registry that maintains all founded reports of child abuse and neglect, pursuant to RSA 169-C:35 and He-C 6430.

(e) “Child in care” means:

(1) A child who is placed or might be placed in a kinship care home by the department. This term includes “child” in the following circumstances:

a. “Child” as defined in RSA 170-E:25, I, namely “any person under 21 years of age, or up to the age of a child with a disability as defined in RSA 186-C:2, I and is receiving special education or special education and related services as identified by the child's school district”. The term includes “youth”; or

b. For the purposes of compliance with RSA 126-U:7-a, “child” as defined in RSA 126-U:1, I, namely, “a person who has not reached the age of 18 years and who is not under adult criminal prosecution or sentence of actual incarceration resulting therefrom, either due to having reached the age of 18 years or due to the completion of proceedings for transfer to the adult criminal justice system under RSA 169-B:24, RSA 169-B:25, or RSA 169-B:26. The term also includes a person in actual attendance at a school who is less than 22 years of age and who has not received a high school diploma.”

(f) “Criminal records” means records of criminal convictions maintained by or accessible through the New Hampshire state police or the equivalent authority within another state.

(g) “Department” means the New Hampshire department of health and human services.

(h) “DCYF representative” means an employee of the department’s division for children, youth, and families who has training and experience in managing matters of child protection or juvenile justice cases referred to the department pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, and RSA 463.

(i) “Division for children, youth and families (DCYF)” means the organizational unit of the department that provides services to children and youth referred by courts pursuant to RSA 169-A, RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, RSA 170-H, and RSA 463.

(j) “Health care” means medical, dental, and psychiatric diagnostic and treatment services.

(k) “Home study” means the evaluation and written assessment of the kinship care home, the applicant, and all household members which is conducted as part of the application process, and includes a determination of the suitability of the applicant and home for the child’s placement.

(l) “Home visit” means an announced or unannounced meeting with the applicant or kinship care home caregiver in the applicant’s or kinship caregiver’s home.

(m) “Household member” means “household member” as defined by RSA 169-C:3, XIV-a, namely, “any person living with the parent, guardian, or custodian of the child from time to time or on a regular basis, who is involved occasionally or regularly with the care of the child.”

(n) “Interstate Compact on the Placement of Children (ICPC)” means the federally approved agreement between all states which governs the placement of children in care across state lines to ensure the safety and stability of those children, as codified in RSA 170-A, and available at https://aphsa.org/icpc-resources/.

(o) “Kin” means “kin” as defined in RSA 170-E:25, VIII, namely, “a child or children who for which there is a connection or history between a child or their parents and another responsible adult, including but not limited to related adults.”

(p) “Kinship care home” means “kinship care home” as defined in RSA 170-E:25, II(g)(1).

(q) “Kinship care home caregiver” means an individual who possesses a valid kinship care home permit or license and who is authorized to operate a kinship care home. This term includes “kinship caregiver”.

(r) “License” means an authorization to operate a kinship care home in accordance with the terms and conditions of the license, RSA 170-E, and this part.

(s) “Licensee” means an individual who possesses a valid kinship care home license.

(t) “Licensing agency” means DCYF or a “child-placing agency” as defined in RSA 170-E:25, III.

(u) “Order to comply” means a written citation provided by the licensing agency to a kinship care home caregiver that identifies a violation of the administrative rules and requires a corrective action plan to rectify the violation within a specified timeframe.

(v) “Parent” means “parent” as defined in RSA 169-C:3, XXI, namely “mother, father, adoptive parent, stepparent, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment.”

(w) “Permit” means a temporary authorization to operate a kinship care home for a period not to exceed 6 months when temporarily unable to conform to the qualification for a license, in accordance with the terms and conditions of the permit, RSA 170-E, and this part.

(x) “Permit holder” means an individual who possesses a valid kinship care home permit.

(y) “Pre-licensing training” means the educational curriculum and programs for applicants provided by the licensing agency in accordance with He-C 6447.14.

(z) “Reasonable and prudent parent standard” means the “reasonable and prudent parent standard” described in RSA 170-G:20 and as defined pursuant to 42 USC 675(10)(A) of the Social Security Act.

(aa) “Registration of criminal offenders” means the list of sexual offenders or offenders against children that is maintained by the New Hampshire department of safety as specified in Chapter Saf-C 5500 and made publicly available at http://business.nh.gov/nsor/.

(ab) “Related” means “related” as defined in RSA 170-E:25, XII, namely, “any of the following relationships by blood, marriage, or adoption: parent, grandparent, brother, sister, stepparent, stepgrandparent, stepbrother, stepsister, uncle, aunt, niece, nephew, first cousin or second cousin.”

(ac) “Sending agency” means a public agency in another state that retains all legal and financial responsibility for a child in care who is sent to New Hampshire pursuant to ICPC Regulation 1, 2, or 7 for placement with a kinship caregiver.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.04 Eligibility of Applicants and Household Members {#sec-he-c-6447.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.04}

(a) Any person, regardless of race, sex, religion, ethnicity, marital status, sexual orientation, national origin, or physical or mental disability, may apply for a child-specific kinship care home permit or license.

(b) An applicant shall:

(1) Be a legal resident of the state of New Hampshire;

(2) Be at least 18 years of age as of the date of the application;

(3) Be a full-time resident of the proposed kinship care home in the state of New Hampshire;

(4) Be related to the child or have a connection or history with the child or the child’s parent;

(5) Have the means and supports to make timely payments for shelter, food, utility costs, clothing, and other household expenses prior to the addition of a child in care;

(6) Be able to communicate effectively with the child in care, DCYF representatives, health care providers, and service providers;

(7) Have functional literacy to read and understand text including medication labels and any other documentation necessary for the health, safety, and well-being of the child in care; and

(8) Have access to reliable transportation for themselves and the child in care.

(1) Have been convicted of a felony or other crime as described in He-C 6447.30(a)(1)-(3);

(2) Be the subject of a founded report of child abuse or neglect in New Hampshire or any other state, except as described in He-C 6447.30(b); and

(3) Be the subject of an open case of reported child abuse or neglect brought pursuant to RSA 169-C, or in another state, except as described in He-C 6447.30(b).

(d) Notwithstanding (a)-(c) above, an applicant shall not be eligible for a permit when the child in care is subject to the ICPC.

(e) Notwithstanding (a)-(c) above, an applicant shall not be eligible for a permit or a license when the applicant is an employee of DCYF or other licensing agency, and the applicant's connection or history with the child in care or the child’s parent exists only due to the applicant’s interactions with the child or parent, or both, as part of the applicant's official duties while employed by DCYF or another licensing agency.

(f) The failure to qualify for a kinship care home permit or license under this part shall not disqualify any individual from applying for licensure pursuant to He-C 6446 or other provision.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.05 Requirements for Permit Applicants and Household Members {#sec-he-c-6447.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.05}

(a) Provided that an applicant meets the requirements of this section, He-C 6447.04, and He-C 6447.06, the department shall issue a child-specific permit to an individual who is temporarily unable to meet the requirements for licensure.

(b) Denial of a permit under this part shall not automatically result in denial of a license, should the individual choose to apply for a kinship care home license under this part.

(1) Disclose to the licensing agency all history of involvement with any state’s child protection and juvenile justice services agencies, and all contact with law enforcement for themselves and all household members;

(2) Complete and submit Form 1601 “Kinship Caregiver Agreement” (September 2025). The applicant’s signature shall establish the applicant’s attestation that:

“I have disclosed any history of child protection, juvenile justice, and law enforcement contact involving any member of the household to DCYF or licensing agency.

I understand that additional record searches and background checks will be required during the home study process and agree that all household members will be subject to these searches and checks.

I certify that DCYF or the licensing agency has observed my home and property and discussed any concerns with me. I agree to address any issues promptly.

I will provide a loving, nurturing, and stable home free from abuse and neglect. I agree to provide discipline only in a safe, non-threatening, and constructive manner. I understand that physical and corporal punishment, including the use of spanking is prohibited.

I will take the child(ren) to all medical and dental appointments and enroll the child(ren) in school (when of school age) as instructed by DCYF.

I understand that the placement of the child(ren) may be temporary or long-term; DCYF will assess the parents’ ability to provide for the child(ren)’s needs, and DCYF shall reunite the child(ren) with the parent(s) when in the best interests of the child(ren) and when pursuant to a court order.

I understand the primary goal is the safe reunification of the child(ren) with the parent(s) and agree to work with DCYF toward this goal of reunification.

I understand that DCYF will work with the parent(s) to establish a case plan for the child(ren) and that this plan will be reviewed periodically. I agree to participate in the case plan when requested.

I understand that DCYF will establish a visitation plan for the child(ren) to visit with their parent(s) and sibling(s), if applicable. I agree to collaborate with DCYF to establish and follow the visitation plan.

I have discussed the safety concerns and issues about the child(ren)’s parental contact with DCYF, and I agree to cooperate and follow DCYF’s plan for parent contact. I understand that I must follow all supervision instructions set by DCYF and the Court for the child(ren) and their parents, and other parties as applicable.

I agree to cooperate with DCYF, and all medical, dental, and mental health providers to ensure that the needs of the child(ren) are met within required timeframes.

I agree to provide age and developmentally appropriate supervision to the child(ren).

I agree to the following specific supervision plan, if applicable.

I agree to notify DCYF of any unusual or unexpected behavior, special needs, educational concerns, medical needs, or other issues that are influencing or affecting the child(ren)’s behavior and development. I agree to work collaboratively with DCYF when concerns are identified.

By signing below, I attest that the information provided above is true and correct to the best of my knowledge, and I understand that providing false or misleading information constitutes grounds for denial or revocation or placement, permit, or license.

By signing below, I understand that I must complete and submit Form 2695 “DCYF Alternate W-9” (September 2025) if I wish to seek certification for payment, pursuant to He-C 6356, to be eligible to receive compensation for the costs associated with caring for a child placed in my home.

I further understand that receiving compensation might impact public benefits available to me or the child, and I acknowledge that it is my responsibility to review these benefits to determine whether to seek certification for payment. I understand that a DCYF Representative cannot provide financial or legal advice to me.”

(3) Sign the “Home Study Acknowledgement” section of Form 1601 upon the licensing agency’s completion of the home study, which shall constitute the applicant’s attestation that they reviewed the completed home study report and that the information they provided to complete the home study assessment and report is true and correct to the best of their knowledge;

(4) Complete and submit Form 1606 “Kinship Caregiver Application” (September 2025). The applicant’s signature shall constitute the applicant’s authorization and statement of understanding of the requirements contained within the form as follows:

“I have reviewed the Administrative Rule Chapter He-C 6447 and will comply with the rules if I am licensed or permitted. I authorize the NH Division for Children, Youth and Families (DCYF) to perform searches of the DCYF’s Electronic Information System for a history of child abuse and neglect reports and findings and the NH Department of Safety Registration of Criminal Offenders. I further authorize DCYF to receive the results of out-of-state child abuse and neglect registry checks.

I attest that the information I provided on the Kinship Caregiver Agreement (Form 1601) is unchanged, or if there have been any changes, I have provided updated information to DCYF.

I understand:

DCYF reviews child abuse and neglect records and the criminal conviction records of the State Police of all applicants pursuant to RSA 170-E:29 and may revoke or deny any license of any applicant, permit holder, or licensee who knowingly furnishes or makes misleading or false statements or reports to DCYF. (RSA 170-E:35, V)

Information shared about a child’s safety, the caregiver’s safety, and the appropriateness of the placement is confidential. (RSA 170-E:49)

Information about the child’s family, or the circumstances of the child’s placement by DCYF, must be kept confidential. This information is part of the DCYF case record and its confidentiality is protected by state and federal law. Federal regulations prohibit the further sharing of this information without obtaining the written consent of the individual to whom it pertains, or as otherwise permitted by federal regulations. (42 CFR, Part 2)

Completion and submission of this application is a statement of intention and may be withdrawn at any time by the applicant. Completion of this document does not constitute permit issuance or licensure by the department.

DCYF will verify information contained in the Kinship Caregiver Agreement (Form 1601).

I understand the statements on this form and certify that all statements made are true and correct.”

(5) Meet with staff or representatives of the licensing agency and participate in the home study evaluation as described in He-C 6447.13.

(d) If an applicant wishes to seek certification for payment from the department pursuant to He‑C 6356 Certification of Payment Standards for Kinship Care, the applicant shall complete and submit Form 2695 “DCYF Alternate W-9” (September 2025).

(e) To provide for the health, safety, and well-being of a child in care, each applicant shall demonstrate, through the home study evaluation and other documentation, their ability to and willingness to:

(1) Manage their own daily living activities, such as preparing meals, housekeeping, shopping for groceries, and bathing;

(2) Provide a child in care with basic needs, including but not limited to food, clothing, shelter, and supervision;

(3) Maintain a safe, nurturing, and stable family environment, which is free from abuse and neglect;

(4) Meet the child’s dietary needs and accommodate all food allergies and dietary restrictions;

(5) Ensure that the child in care receives routine and emergency health care and mental health care;

(6) Provide and administer medications, including prescription medications, as directed by the child’s medical provider(s); and

(7) Access safe and reliable transportation so that the child attends appointments and activities.

(f) Each applicant shall demonstrate, through the home study evaluation and other documentation as requested by the licensing agency, they are free of physical, mental, or emotional illness which would inhibit their ability to provide appropriate and adequate care for a child placed in their home.

(g) If an applicant or any household member possesses any firearms, the individual shall comply with all applicable federal and state laws related to the licensing, ownership, carrying, and storage of a firearm, including but not limited to RSA 159, RSA 650-C:1, and 18 USC 921 et seq.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.06 Permitted Home Physical Environment Requirements {#sec-he-c-6447.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.06}

(a) To provide for the health, safety, and well-being of a child in care, the physical environment of a permitted kinship care home shall:

(1) Be maintained in a manner and condition which meets the child’s basic needs;

(2) Provide unobstructed entrances and exits;

(3) Have access to basic utilities which meet the child’s needs;

(4) Have access to safe water for drinking and bathing;

(5) Be free from reported and observable health and sanitation risks and safety hazards;

(6) Have sleeping arrangements that provide each child in care with their own bed and age-appropriate privacy;

(7) Prohibit co-sleeping and bed sharing with a child in care from birth through age 12 months old;

(8) Have a working telephone for incoming and outgoing calls available in the home and made accessible to the child in care for emergencies and for personal calls as directed by the licensing agency;

(9) Subject to (b) below, have a working smoke detector with alarm, maintained according to the manufacture’s recommendations, on each level of the home; and

(10) Subject to (b) below, have a working carbon monoxide detector with an alarm, maintained according to the manufacturer’s recommendations, on each level of the home in which there are sleeping areas if the home has:

a. An attached garage;

b. A wood stove or fireplace; or

c. A gas or propane powered appliance, including but not limited to a boiler, furnace, stove, clothes dryer, water heater, space heater, or fireplace.

(b) In the case of an unplanned or emergency circumstance necessitating immediate placement of a child in a kinship care home, if the home does not meet the smoke detector requirement in (a)(9) above or the carbon monoxide detector in (a)(10) above, or both, the applicant shall develop a plan with the licensing agency to meet the requirement within 2 business days of such placement and document the plan for compliance with the licensing agency in the “safety of placement” comments section on page 5 of Form 1601 “Kinship Caregiver Agreement” (September 2025).

(c) If there are firearms, ammunition, or weapons in the home or property, they shall be secured with a gun lock or in a locked cabinet and be inaccessible to the child in care for the duration the child is placed in the home.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.07 Requirements for License Applicants and Household Members {#sec-he-c-6447.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.07}

(a) Provided that the applicant meets the requirements of He-C 6447.04 through He-C 6447.06 and this section, the department shall issue a kinship care home license.

(b) Prior to the department issuing a license, the applicant and household members shall participate in home visits as described in He-C 6447.13 for the completion of the home study assessment and written evaluation.

(1) A completed Form 1717 “Local Law Enforcement Check” (September 2025) in accordance with He-C 6447.10;

(2) A completed and signed Form 2501 “NH Child Abuse and Neglect Central Registry Authorization for Name Search and Release of Information to a Third Party” (May 2025) for themselves and a form completed by each adult household member, in accordance with He-C 6447.11;

(3) A completed and signed Form 1728 “Pre-Adoptive and Foster Family Care License Financial Statement” (September 2025) attesting “I certify that my income, assets, and expenses as stated herein are true to the best of my knowledge and belief. I have carefully read this financial statement.”;

(4) Three references in accordance with He-C 6447.12;

(5) If applicable to the needs of the child in care, the applicant’s and each adult household member’s vaccination record in accordance with He-C 6447.21;

(6) Proof of rabies vaccination for each dog, cat, and ferret in the home, pursuant to RSA 436:100; and

(7) Proof of caregiver training completed in accordance with He-C 6447.14.

(d) Each applicant and all adult household members shall complete the process established by the New Hampshire department of safety for requesting a fingerprint-based criminal records check as described in He-C 6447.10 and required by RSA 170-E:29.

(e) If the applicant is not the property owner of the home, verification of good standing shall be obtained from the proprietor or owner of the property and submitted to the licensing agency.

(f) If the applicant or any adult household member has lived outside the state of New Hampshire within the preceding 5 years, they shall submit or cause to be submitted to the licensing agency:

(1) The results of the state(s) and local criminal history records search(es) for each state resided within the preceding 5 years pursuant to He-C 6447.10(d); and

(2) The results of the state(s) child abuse and neglect registries for each state resided within the preceding 5 years pursuant to He-C 6447.11(b).

(g) If an individual’s health concerns are observed, reported, or discovered during the home study evaluation that might impact the applicant’s or household member’s ability to provide care and supervision or might negatively impact the health, safety, or well-being of the child in care, upon request of the licensing agency, the individual shall complete and submit Form 1722 “Medical Information Statement” ( September 2025) as follows:

(1) Form 1722 shall be completed in 2 parts:

a. The first by the individual certifying:

b. The second by a physician, physician assistant, or nurse practitioner who shall then submit the completed form to DCYF; and

(2) If the information provided on Form 1722 “Medical Information Statement” ( September 2025) is incomplete, inadequate, or contradictory to other information received or obtained, and the applicant is unable to provide information to clarify or resolve the conflict, the licensing agency shall require that the individual obtain a medical or psychological evaluation, and the written results of the evaluation shall be submitted to DCYF by the medical professional performing the evaluation.

(h) When additional information or documentation is required in addition to the requirements in (c)-(g) above for the licensing agency to thoroughly assess the character or abilities of the applicant or adult household member(s) to safely care for the child, or to fully evaluate the home for suitability of licensure, the licensing agency shall notify the applicant and specify the additional information or documentation required, and the applicant shall submit it within 30 days of notice as a condition of the application being deemed sufficient and complete for processing.

(i) Upon receipt of the information in (c)-(h) above, the department shall review and process the complete application in accordance with RSA 541-A:29.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.08 Requirements for Licensed Home Physical Environment {#sec-he-c-6447.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.08}

(a) To provide for the health, safety, and well-being of a child in care, a physical environment of the licensed kinship care home shall be constructed, arranged, maintained, and furnished to provide for the health and safety needs of household members and the child in care.

(b) In addition to the permit requirements in He-C 6447.06, a licensed kinship care home shall:

(1) Provide barrier-free access to the home and inside of the home for the child in care, including if the child has enhanced physical and medical needs;

(2) Have electricity and lighting to meet the child’s needs;

(3) Have heating and cooling means that are appropriate for the geographic region;

(4) Be free from infestation of insects and rodents;

(5) Maintain cleaning supplies, medicines, and dangerous chemicals in a manner and location that is inaccessible to the child in care;

(6) Have sleeping arrangements which provide a separate bedroom for each child in care unless the licensing agency determines there is sufficient space and age-appropriate privacy for all household members when the child in care shares a bedroom;

(7) Provide space for the child in care’s clothing and personal possessions;

(8) Provide basic first aid supplies with bandages and antiseptic cleanser;

(9) Have a written emergency evacuation plan which shall be reviewed by the applicant with all household members and posted in a prominent location in the home; and

(10) Have a comprehensive list of emergency telephone numbers, including poison control, posted in a prominent location in the home.

(c) If the home or property has a swimming pool, the applicant shall maintain a lifesaving device such as a ring buoy in proximity of the swimming pool.

(d) If an applicant or a household member possesses any weapons or firearms, the following safeguards shall be made and remain in effect while the child in care is placed in the home:

(1) All weapons and firearms in the home shall be kept in a locked cabinet, storage container, or be secured with gun locks, and inaccessible to the child in care;

(2) All ammunition and projectiles or attachments kept in the home shall be stored and locked separately from the weapon or firearm; and

(3) All weapons and firearms shall be secured and inaccessible to the child:

a. When carried by the applicant or household member; and

b. When in a vehicle operated by the applicant or household member in which a child in care is transported.

(e) Each applicant shall comply with any insurance mandates required by law, as applicable.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.09 Licensure Requirements for Interstate Compact Placement of Children {#sec-he-c-6447.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.09}

(a) Each individual applying for licensure to care for a child who is subject to the Interstate Compact on the Placement of Children (ICPC) shall meet the requirements of He-C 6447.04 through He-C 6447.08 except He-C 6447.05(c)(2) - (c)(4).

(b) Each applicant shall complete and submit Form 1586 “ICPC Kinship Caregiver Agreement” (September 2025). The applicant’s signature on the form shall constitute the applicant’s attestation of the following:

“I have reviewed and will comply with Administrative Rule He-C 6447.

I have disclosed any history of child protection, juvenile justice, and law enforcement contact involving any member of the household to New Hampshire Division for Children Youth and Families (NH DCYF) and the Sending State Agency.

I certify that NH DCYF staff have observed my home and property and have been given access to tour all common areas of the property and home, including the child’s sleeping space. Any concerns or issues found were discussed with me.

I agree to allow NH DCYF staff into my home for home visits, supervision of this child in care, investigations, and observation.

I agree to notify NH DCYF and the Sending State Agency any time there are changes to the property, home, household composition, and any other change identified in He-C 6447.28.

I agree to provide a safe, nurturing, and stable family environment, which is free from abuse and neglect, for the child in care and will work collaboratively with the Sending State Agency to meet the individual needs of the child; including the child's safety, permanency, health, and well-being needs; and their mental, emotional, and physical development.

I agree to collaborate with the Sending State Agency and the child’s medical, dental, and mental health providers to ensure that the safety, health, and well-being needs of the child in care are met.

I agree to provide age and developmentally appropriate supervision to the child in care.

I agree to support the child’s education plan as established by the Sending State Agency.

I agree to notify NH DCYF, local law enforcement, and the Sending State Agency of the child’s unauthorized absence from the home, including circumstances when the child in care runs away or is missing.

I agree to promptly notify NH DCYF and the Sending State Agency of any unusual or unexpected behavior, educational concerns, special needs, medical care, or other issues that might influence or affect the child’s behavior, health, development, and safety. (He-C 6447.28)

I agree to abide by all of the applicable NH laws and Administrative Rules and all requirements set by the Sending State Agency in accordance with Interstate Compact on the Placement of Children (ICPC) regulations.

By signing below, I attest that I have reviewed and will comply with Administrative Rule He-C 6447 and agree to the statements on this form. I acknowledge that I have reviewed the completed home study and that the information I provided to complete the assessment is true and correct to the best of my knowledge and I understand that providing false or misleading information constitutes grounds for denial or revocation.”

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.10 Criminal Records and Law Enforcement Contact. {#sec-he-c-6447.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.10}

(a) Each applicant and all adult household members shall complete the process established by the New Hampshire department of safety for requesting a fingerprint-based criminal records check, accessible via the department of safety’s website directly at https://services.dos.nh.gov/chri/cpo/, including paying any required fees and directing that the results be sent to DCYF, unless an alternative method for scheduling a fingerprint-based criminal history record check appointment directly with a law enforcement agency has been mutually agreed upon between the applicant and the licensing agency.

(b) Each permit holder and each adult household member residing with a permit holder shall, within 30 days from the date the permit is issued, schedule a fingerprint based criminal history record check appointment online via the department of safety’s website identified in (a) above to initiate the required fingerprint based criminal records check process unless an alternative method for scheduling a fingerprint-based criminal history record check appointment directly with a law enforcement agency has been mutually agreed upon between the applicant and the licensing agency.

(c) DCYF may, in lieu of the fingerprint-based criminal history record check, accept police clearances from every city, town, or county where the individual has lived during the preceding 5 years, in limited specific circumstances if:

(1) An individual’s fingerprints cannot be obtained as a result of the individual’s disability; or

(2) An individual’s fingerprint impressions are, after 2 attempts, invalid due to insufficient pattern as a result of the individual’s age, occupation, medical condition, or otherwise, such that the national crime information database is unable to provide the individual’s criminal record background check results to DCYF.

(d) In addition to (a) above, those applicants and all adult household members who have lived in any other state than New Hampshire within the preceding 5 years shall submit or cause to be submitted to the licensing agency the results of the state(s) and local criminal history records search(es) for each state resided within the preceding 5 years; and

(e) Each applicant shall submit a completed Form 1717 “Local Law Enforcement Check” (September 2025) authorizing the licensing agency to receive all relevant information and records from local law enforcement agencies for the applicant and all adult household members certifying:

“I/We agree to provide any further information, as requested, in reference to my/our past record. I/We also authorize and request every person, firm, company, corporation, governmental agency, court, association or institution having control of any documents, records, or other information pertaining to me/us, to provide to the Division for Children, Youth and Families (DCYF), its agents, or oher Child-Placing Agency, any such information including documents, records, or files regarding charges or complaints filed against me/us, formal or informal, pending or closed, and other pertinent data; and I/we further authorize and request to permit the DCYF or any of its agents to inspect and make copies of such records.

I/We hereby release, discharge, and exonerate the Division for Children, Youth and Families (DCYF), its agents and representatives, and any persons so furnishing or inspecting such documents, records, or other information for the investigation made by or on behalf of DCYF.

I/We hereby agree to the release of information to the Division for Children, Youth and Families, its agents and representatives.”

(f) All applicants and household members, regardless of age, shall be subject to a review of the New Hampshire department of safety’s division of state police registration of criminal offenders available publicly at http://business.nh.gov/nsor/.

(g) If a household member turns 18 years old during the permit or license effective period, the permit holder or licensee shall ensure the household member complies with (a), (d), and (e) above as a condition of the applicant’s license or license renewal application being deemed complete.

(h) If a new adult moves into the kinship care home during the valid permit or license effective period, the permit holder or licensee shall ensure the adult household member complies with (a), (d), and (e) above within 30 days of moving into the home.

(i) The department shall consider all documentation and information received through this section related to the applicant and household members’ law enforcement interactions, involvement, and convictions for suitability for licensure in accordance with He-C 6447.30(a) and (b).

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.11 Child Abuse and Neglect Registry {#sec-he-c-6447.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.11}

(a) Each applicant and all adult household members shall complete and submit Form 2501 “NH Child Abuse and Neglect Central Registry Name Search Authorization Release of Information to Third Party” (May 2025) as required by He-C 6430.07(h) and attesting:

(b) Each applicant and all adult household members who have lived outside of New Hampshire within the preceding 5 years shall authorize the licensing agency to obtain the results of their child abuse and neglect registry checks in each state where the individual has resided within the preceding 5 years, through the other state’s equivalent authority, by completing the other state’s release form(s) as directed by the licensing agency.

(c) Each applicant and all household members shall direct that the results of all child abuse and neglect registry checks be sent directly to the licensing agency.

(d) If a new adult moves into the kinship care home during the valid permit or license effective period, the permit holder or licensee shall ensure the adult household member complies with (a) through (c) above within 30 days of moving into the home.

(e) If the results of an abuse and neglect registry check reveal an individual is listed on the registry with a finding of abuse or neglect, the applicant shall provide additional information or documentation upon request of the licensing agency. The department shall review the information with the applicant and take it into consideration when determining suitability for licensure in accordance with He-C 6447.30(a) and (c).

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.12 Applicant References and Applicant’s Adult Children Questionnaires {#sec-he-c-6447.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.12}

(a) Each applicant shall provide the names and contact information for 3 references in writing to the licensing agency which meet the following requirements:

(1) Each reference shall be an individual who has known the applicant for more than one year;

(2) Each reference shall not reside in the applicant’s home; and

(3) Not more than one reference shall be an individual related to the applicant as defined in He-C 6447.03(ab).

(b) Each reference shall provide information about the applicant to DCYF on Form 1604 “Kinship Care Personal Reference” (September 2025) by submitting the completed and signed form to DCYF within 10 business days of receipt from DCYF via mail, email, or hand delivery.

(c) At the request of the licensing agency, an applicant shall provide additional collateral contacts, whose names were not submitted as references in (a) above, to inquire about concerns of suitability for licensure.

(d) All documentation received and created related to an applicant’s references shall become a permanent part of the application record.

(e) If an applicant has biological children, stepchildren, or adopted children 18 years of age or older at the time the application is submitted and who do not reside in the applicant’s home, the applicant shall provide in writing to DCYF the name and contact information for each adult child. Within 10 business days of receipt of the form from DCYF via mail, email, or hand delivery, each of the applicant’s adult children who do not reside in the applicant’s home shall complete Form 1605 “Kinship Care Applicant’s Adult Child Questionnaire” (September 2025) and submit it to DCYF.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.13 Home Visits {#sec-he-c-6447.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.13}

(a) Each applicant shall meet in the applicant’s home with staff or representatives of the licensing agency at least once prior to the issuance of a permit and at least twice prior to the issuance of a license to assess and evaluate the household composition and conditions of the home to determine whether it meets the specific needs of the child, including the child's safety, permanency, health, and well-being needs, and the child’s mental, emotional, and physical development.

(b) Each applicant shall inform the licensing agency at the time of the first home visit whether the applicant or a household member possesses any weapons or firearms.

(c) Each applicant and all household members shall cooperate fully with the licensing agency during home visits and the home study assessment and evaluation process.

(d) Each applicant, permit holder, or licensee shall admit department staff and licensing agency representatives into the home for official purposes including but not limited to, supervision and oversight, periodic monitoring visits, and investigations.

(e) Each applicant, permit holder, or licensee shall accommodate DCYF representatives who perform home visits for the oversight of a child in care pursuant to RSA 169-F:7 by facilitating:

(1) A private meeting between the DCYF representative and the child, in a safe place as determined by the DCYF representative and child; and

(2) An in-person tour of the child’s living quarters, sleeping arrangements, and other areas of the home and property as requested by the DCYF representative.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.14 Caregiver Training {#sec-he-c-6447.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.14}

(a) Prior to the issuance of a license, each applicant shall complete required pre-licensing training provided by the department through live instruction, online or web-based training programs, video presentations, or workbooks or other printed material, as described in (b) below, except as specified in (e).

(b) The pre-licensing training shall include:

(1) Examining the complexities of caring for a child as a kinship caregiver;

(2) Navigating family dynamics and conflict;

(3) Establishing boundaries while defining roles and responsibilities as a kinship caregiver;

(4) The reasonable and prudent parenting standard;

(5) Recognizing the impact of trauma on child growth, development, and behavior;

(6) Developing an understanding of children’s trauma triggers, and recognizing coping strategies children use when feeling threatened or fearful; and

(7) Medication administration.

(c) When necessary to meet the specific health, safety, or well-being needs of the child and circumstances in the home, the licensing agency shall require additional training, services, or education be completed by an applicant and adult household members as a condition of licensure.

(d) If applicants and household members wish to become certified in first aid and cardiopulmonary resuscitation (CPR), the department shall provide opportunities for such training.

(e) If an applicant has previously completed the department’s a pre-licensing training, including foster family care home pre-licensing training pursuant to He-6446, but a portion of the training curriculum has changed or the applicant has not completed a portion of the current training, the applicant shall not be required to repeat the previously completed training and shall only be required to complete the missing or new portion of training necessary to meet the requirement in (b) above.

(f) If the licensing agency determines during the license effective period that additional training, services, or education is required for the kinship caregiver to meet the specific needs of the child's safety, permanency, health, or well-being, then the licensing agency shall notify the licensee of this requirement in writing and specify the time period to comply which shall not exceed 30 days. The kinship caregiver shall ensure timely completion of the requirement and provide proof of completion to the licensing agency within 14 days of completion.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.15 Employees of DCYF and Other Licensing Agencies {#sec-he-c-6447.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.15}

(a) An individual employed by DCYF or other licensing agency shall only be eligible for a kinship care home permit or license when the employee is related to the child in care, or when the employee’s connection or history with the child or the child’s parent exists solely due to relationships, communications, and interactions in their personal lives.

(b) The oversight, supervision, and case management of a child’s placement with a permit holder or licensee who is employed by DCYF shall be performed by DCYF representatives in a district office other than where the employee is assigned.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.16 Limitations {#sec-he-c-6447.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.16}

(a) A permit or license for a kinship care home shall be issued for the specified child(ren) in care, in a home at an identified location. There shall be a maximum of 6 children in care placed in the home except as described in (c) and (e) below.

(b) Each kinship care home permit and license shall contain the following information when issued:

(1) The first and last name of the kinship care home caregiver;

(2) The physical address of the kinship care home;

(3) The initials of the first and last name of the child(ren) in care;

(4) The date of issuance and expiration; and

(5) The signature of the director of DCYF or designee.

(c) A kinship care home with one permitted or licensed kinship caregiver shall provide care and supervision to not more than 4 children inclusive of:

(1) The total number of children in care placed in the kinship care home;

(2) The number of the kinship caregiver’s birth and adopted children under 18 years of age residing in the home; and

(3) The number of other children under 18 years of age residing in the home.

(d) A kinship care home with 2 permitted or licensed kinship caregivers shall provide care and supervision to not more than 6 children, inclusive of (c)(1)-(3) above.

(e) Notwithstanding the limits in (c) and (d) above, the department may place a sibling or group of siblings in a kinship care home, exceeding the maximum number of children allowed, when:

(1) The kinship care home caregiver is willing and able to receive a sibling or a group of siblings of a child already in their care or a group of siblings that exceeds the maximum number of children, initially placed at the same time, when a sibling is not already a child in care in the home; and

(2) The department has determined that the kinship caregiver is able to provide for the safety, permanency, and well-being of the children.

(f) Individuals permitted or licensed as kinship care home caregivers under this part shall not be considered licensed or authorized to provide foster care pursuant to He-C 6446 and shall not be eligible for credentials to provide foster family care services pursuant to He-C 6347unless additionally permitted or licensed in accordance with He-C 6446.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.17 Effective Periods and Child-Specific Changes {#sec-he-c-6447.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.17}

(a) A child-specific kinship care home permit shall be valid for a period not to exceed 180 days from the date the child is placed in the home, or until final action is taken on an application for licensure, or until revoked by the department, whichever occurs first.

(b) A kinship care permit shall not be renewed except as authorized by RSA 170-E:25, X.

(c) A kinship care home shall not be eligible for a subsequent permit for the same child in care sought by another applicant residing in the home.

(d) The department shall administratively rescind a kinship care home permit when the applicant has met the requirements for licensure and a kinship care home license is issued to the applicant. A permit shall not be valid after a license is issued for the child in care.

(e) A permit holder shall actively pursue meeting the requirements for licensure.

(f) A child-specific kinship care home license shall be valid for a period of 2 years from the date issued and shall remain in effect until the expiration date or renewal, unless revoked by the department, voluntarily surrendered by the licensee, or in accordance with RSA 170-E:31, I.

(g) A current permit holder or licensee who is asked by the department to receive an additional child into their kinship care home, and who is eligible to receive an additional child pursuant to He-C 6447.16 shall:

(1) Participate in at least one home visit with the licensing agency within 30 days of the child’s placement to conduct an abbreviated home study for the purpose of completing a written assessment which evaluates whether the household meets the individual needs of the additional child’s safety, permanency, health, and well-being;

(2) Submit a completed and signed Form 1717 “Local Law Enforcement Check” (September 2025); and

(3) Submit a completed and signed Form 1601 “Kinship Caregiver Agreement” (September 2025) unless the child in care is subject to ICPC, in which case submit completed and signed Form 1586 “ICPC Kinship Caregiver Agreement” (September 2025) in lieu of Form 1601.

(h) If the applicant is a current licensee and is approved to receive an additional child in to care, after meeting the requirements in (g) above, the licensing agency shall revise the license by adding the additional child. The expiration date of the revised license shall be the same expiration date as the most recent license issued.

(i) If the applicant is a current permit holder and is approved to receive an additional child in to care, then the licensing agency shall revise the permit by adding the additional child. The expiration date of the revised permit shall be the same expiration date as the current valid permit.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.18 License Renewal {#sec-he-c-6447.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.18}

(a) Pursuant to RSA 170-E:32, I, a licensee shall apply for license renewal 3 months prior to the license expiration date.

(b) Subject to (c), below, the renewal applicant shall submit a completed and signed Form 1601 “Kinship Caregiver Agreement” (September 2025) and Form 1606 “Kinship Caregiver Application” (September 2025).

(c) For any child who is subject to ICPC, the renewal applicant shall only submit a completed and signed Form 1586 “ICPC Kinship Caregiver Agreement” (September 2025) in lieu of Form 1601 and Form 1606.

(d) Prior to the department issuing a renewed license, the renewal applicant shall submit:

(1) A completed and signed NH department of safety Form DSSP 256 “Criminal History Record Information Release Authorization Form” for each renewal applicant and adult household member except for those subject to (e) below, authorizing the release of each individual's criminal records to DCYF;

(2) A completed and signed Form 1717 “Local Law Enforcement Check” (September 2025);

(3) A completed and signed Form 2501 “NH Child Abuse and Neglect Central Registry Authorization for Name Search and Release of Information to a Third Party” (May 2025) for themselves and a form completed by each adult household member, in accordance with He-C 6447.11; and

(4) A completed and signed Form 1728 “Pre-Adoptive and Foster Family Care License Financial Statement” (September 2025).

(e) If a household member turns 18 years of age during the valid license period and before the date of license renewal, as a condition of the applicant’s license renewal application being deemed complete, the adult household member shall:

(1) Complete a fingerprint-based criminal records check in accordance with He-C 6447.10; and

(2) If the individual has lived outside the state of New Hampshire within the preceding 5 years, submit or cause to be submitted to the licensing agency:

a. The results of the state(s) and local criminal history records search(es) for each state resided within the preceding 5 years pursuant to He-C 6447.10(d); and

b. The results of the state(s) child abuse and neglect registries for each state resided within the preceding 5 years pursuant to He-C 6447.11(b).

(f) Prior to the department renewing the license, each renewal applicant and all current household members shall participate in at least one home visit with the licensing agency for completion of an updated home study, as described in He-C 6447.13, focused on the household composition, conditions of the home, and all changes since the most recent home study was performed to evaluate the kinship care home for continued suitability of placement.

(g) An updated home study performed for the purpose of license renewal shall include the licensing agency’s written assessment of the renewal applicant’s compliance with the requirements of He-C 6447, RSA 170-E, and all other applicable laws and regulations during the preceding licensing period.

(h) Upon completion of the updated home study, the renewal applicant shall sign the “Home Study Acknowledgement” section of either Form 1601 “Kinship Caregiver Agreement” (September 2025) or Form 1586 “ICPC Kinship Caregiver Agreement” (September 2025) if the child in care subject to ICPC.

(i) If a renewal applicant or any adult household member has health concerns which are observed, reported, or discovered at any time that might impact their ability to care for the child, upon request of the licensing agency, the individual shall complete and submit Form 1722 “Medical Information Statement” ( September 2025). Form 1722 is completed in 2 parts, the first by the individual and the second by a physician, physician assistant, or nurse practitioner who shall then submit the completed form to the department.

(j) If additional information is required for the licensing agency to assess the character or abilities of the renewal applicant or adult household member to provide care and supervision for the child, or to evaluate the home for suitability of renewed licensure, the licensing agency shall specify what additional information or documentation is required and request the applicant submit it as a condition of the renewal application being deemed complete for processing.

(k) Upon receipt of the information in (b) through (j) above, the department shall review and process the renewal application in accordance with RSA 541-A:29.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.19 Care, Supervision, and Discipline {#sec-he-c-6447.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.19}

(a) A kinship caregiver shall provide each child in care with:

(1) Nutritionally balanced meals which meet dietary needs and restrictions;

(2) Clothing fitted and appropriate to the season;

(3) The opportunity to share with other household members in taking responsibility for household chores appropriate to the child's age, health, and ability;

(5) Assistance in handling stressful situations and trauma frequently associated with placement, including:

a. Removal from the child’s home and from the child’s parents;

b. Placement in a new home environment;

c. Visitation with parents and siblings when applicable; and

d. Reunification to the child’s parent or transition to another placement.

(b) Kinship caregivers shall be responsible for the care of the child’s possessions received with the child in care or purchased for the child while in care, including but not limited to, assistive medical devices, clothing, books, and photographs. Kinship caregivers shall return all belongings of a child who was in their care to DCYF, the child, or the child’s parent within 7 days of the child leaving placement in the kinship caregiver’s home.

(c) Kinship caregivers shall use the reasonable and prudent parent standard to make careful and sensible decisions in the daily life of the child in care that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, and grant permission for participation in family, school, community, extracurricular, enrichment, cultural, and social leisure time activities.

(d) Kinship caregivers, household members, and any other individuals who provide care and supervision in the kinship care home shall administer discipline only in a safe, non-threatening, and constructive manner, which is individualized to meet the needs, development, and experiences of the child in care.

(e) The following practices shall be prohibited manners of discipline for a child in care:

(1) Child abuse as defined in RSA 169-C:3, II;

(2) Derogatory remarks or statements that humiliate, ridicule, or intimidate;

(3) Deprivation of food, meals, mail, or family contact;

(4) Threats of alternate placements;

(5) Any use of corporal punishment, pursuant to RSA 161:14, or spanking;

(6) The use of seclusion or restraint, pursuant to RSA 126-U;

(7) Assignment of physically strenuous or dangerous exercise or work as a punishment; and

(8) Verbal or physical punishment for bed-wetting or negative actions related to toilet training.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.20 Health Care {#sec-he-c-6447.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.20}

(a) A kinship caregiver shall cooperate in arranging for the health care for the child and shall ensure that the prescribed program of treatment and immunizations determined by the child’s physician is followed.

(b) A kinship caregiver shall ensure that any prescribed medications and assistive devices are properly maintained for the exclusive use of the child for which they are prescribed.

(1) Date of visit and reason for the visit;

(2) Name of health care provider seen;

(3) Health care services received;

(4) Medication prescribed, if applicable; and

(5) The health care provider’s instructions and recommendations.

(d) Upon request of the licensing agency, a kinship caregiver shall make the child’s record of health care information available for review and inspection.

(e) If a kinship caregiver has more than one child placed in their home, each child’s medical records shall be maintained separately and independently from another child’s records.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.21 Immunization Requirements. {#sec-he-c-6447.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.21}

(a) The medical needs of a child in care shall be determined by the child’s physician or other licensed healthcare professional.

(b) If the child in care’s physician recommends that the child’s household members be vaccinated for certain communicable diseases for the health, safety, and well-being of the child, the applicant and each adult household member shall be vaccinated to comply with the physician’s recommendation and shall provide DCYF with their vaccination record from their licensed healthcare professional demonstrating compliance.

(c) There shall be no immunization requirements for any children who are household members of a kinship care home which exceed vaccination or immunization requirements under RSA 141-C:20-a, either in type of vaccination or quantity of doses, pursuant to RSA 170-E:27-b. Upon request of the licensing agency, the applicant shall provide documentation of immunizations received for each household members under the age of 18 which demonstrate compliance with RSA 141-C:20-a, and He-P 301.14 if applicable, unless the child household member has received an exemption from vaccination requirements pursuant to RSA 141-C:20-c, in which case the applicant shall provide the certificate of exemption under RSA 141-C:20-c.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.22 Religion and Culture {#sec-he-c-6447.22 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.22}

(a) Kinship caregivers shall respect and encourage the linguistic, ethnic, religious, spiritual, and cultural background of the child in care and their family.

(b) Kinship caregivers shall cooperatively support the child in care in maintaining their linguistic, ethnic, religious, spiritual, and cultural connections including participation in related social activities.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.23 Education {#sec-he-c-6447.23 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.23}

(a) A kinship caregiver of any school-aged child in care shall collaborate cooperatively with DCYF, the parents of the child in care, and the school district to ensure the child’s educational well-being and stability are consistent with the best interests of the child.

(b) A kinship caregiver shall:

(1) Assist in implementing the individualized education program for a child in care who has been identified as a child with a disability as defined in RSA 186-C;

(2) Ensure that the child in care attends their educational program and encourage them to achieve their highest educational potential including but not limited to post-secondary education, vocational training, and career development;

(3) Ensure that a child in care who is 16 years of age or older has the opportunity to participate in DCYF’s teen independent living program; and

(4) Allow and encourage the child in care to participate in school-related activities and events based on their age, ability, and development so long as there are no safety concerns for the child’s inclusion and the activity is otherwise not prohibited by the case plan or court order.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.24 Case Plan {#sec-he-c-6447.24 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.24}

(a) Kinship caregivers shall have the opportunity to participate in the development of the DCYF’s case plan for the child in care.

(b) Kinship caregivers shall be responsible to implement their portion of the case plan for the child in care and work cooperatively with DCYF, the parents of the child in care, and service providers when implementing the case plan.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.25 Visits and Contacts {#sec-he-c-6447.25 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.25}

(a) Upon request of DCYF, a kinship caregiver shall meet with the child in care’s family and the DCYF representative to develop a mutually agreed upon schedule and plan for visits and contact.

(b) The schedule and plan for visits and contact shall include contact with the family and with other individuals in accordance with the child’s case plan and any court orders.

(c) A kinship caregiver shall comply with the schedule and plan for visits and contact which might include weekends and holidays.

(d) A kinship caregiver shall make efforts to obtain the input and consensus from the parent or legal guardian when making decisions around high risk or extended activities and follow the reasonable and prudent parent standard.

(e) For children in care who are subject to ICPC, (a)-(d) above shall not apply. The kinship caregiver shall facilitate visits and contact as directed by the sending state agency.

(f) A kinship caregiver shall not notify a child in care’s parent or guardian of instances of seclusion or restraint of a child in care. The department shall provide notice to the child in care’s parent or guardian pursuant to RSA 126-U:7-a and He-C 901.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.26 Record Keeping and Confidentiality {#sec-he-c-6447.26 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.26}

(a) A kinship caregiver shall maintain a file for each child in care containing the following information and documentation:

(1) The child’s name, date of birth, and the date of placement in the home;

(2) Documents from schools, doctors, and other agencies providing services to the child in care;

(3) Dates and outcomes of school conferences;

(4) A record of the child’s health care visits and all medical documentation as required in He-C 6447.20;

(5) All records of incidents involving seclusion or restraint in accordance with He-C 901 and RSA 126-U:7-a;

(6) Legal documents and personal papers and documentation concerning the child;

(7) Highlights of the child's participation in extracurricular, enrichment, cultural, and social activities; and

(8) When the child in care is not subject to the ICPC, the kinship caregiver shall also maintain the following information and documentation:

a. A copy of the case plan(s) when provided to the caregiver;

b. A copy of Form 1552 “Child/Youth Information Sheet” (September 2025); and

c. A copy of Form 1643A “Getting to Know Me: Infant/Toddler (0-3 Years Old)” ( September 2025), Form 1643B “Getting to Know Me: School-Aged Child (4-10 Years Old)” (September 2025), or Form 1643C “Getting to Know Me: Youth (11-18 Years Old)” (September 2025), completed by the child’s parent or prior caregiver, and provided by DCYF at the time of placement;

d. The kinship caregiver shall review and update the information on Form 1552 “Child/Youth Information Sheet” (September 2025), at least once every 6 months and submit the updated form to the licensing agency. Attachments to the form may be used to supplement the information required but shall not be used in place of completing the form; and

e. When the child leaves care, the kinship caregiver shall complete and submit an updated Form 1552 “Child/Youth Information Sheet” (September 2025), and either Form 1643A “Getting to Know Me: Infant/Toddler (0-3 Years Old)” (September 2025), Form 1643B “Getting to Know Me: School-Aged Child (4-10 Years Old)” (September 2025), or Form 1643C “Getting to Know Me: Youth (11-18 Years Old)” (September 2025).

(b) The kinship caregiver shall keep the file referenced in (a) above in a secure place in the kinship care home to preserve confidentiality and it shall be made available to the licensing agency upon request.

(c) All legal documents and personal papers concerning the child in care shall be provided to DCYF when the child leaves care.

(d) Information about the safety of a child in care, the kinship caregiver’s safety, and the appropriateness of the placement shall be confidential.

(e) All identifying information, whether written, oral, imagery, or electronic, concerning the child in care, the family of the child in care, and the circumstances of the department’s involvement with both, shall be kept confidential.

(f) If the kinship caregiver encounters a situation or circumstance they believe requires disclosure of confidential information, the kinship caregiver shall obtain written consent from the department prior to disclosure of any protected information.

(g) The requirements in (e) and (f) above shall not apply when the child is subject to ICPC. A licensee caring for a child subject to ICPC shall follow the instructions and requirements of the sending state agency related to protecting the child’s identifying information and safeguarding confidentiality.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.27 Waivers {#sec-he-c-6447.27 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.27}

(a) A written request for a waiver of rules shall be submitted to DCYF on Form 1733 “Waiver Request - Foster Family Homes and Kinship Care Homes” (September 2025) or provide the following information to the department in writing:

(1) Identifying information such as the family name, physical address, phone number, mailing address if different than the physical address, and email address;

(2) The resource identification number, if applicable;

(3) The current permit or license issue date and expiration date;

(4) The rule for which the waiver is being requested;

(5) The anticipated length of time the requested waiver will be needed;

(6) The reason for requesting the waiver;

(7) How the waiver will affect the health and safety of the child in care;

(8) A written plan for compliance with the rule, or a written plan detailing how the kinship caregiver will satisfy the intent of the rule being waived as an alternative to complying with the rule;

(9) The number and ages of children in the home who will be affected by the requested waiver; and

(10) The signature of the applicant or licensing agency representative requesting the waiver.

(b) In the case of an unplanned or emergency circumstance necessitating immediate placement, the licensing agency shall request a waiver on behalf of an applicant if a specific condition is necessary to adequately provide for the needs and circumstances of a child.

(c) The department shall not approve any request for a waiver of any of the provisions of RSA 170-E or the administrative rules of another New Hampshire state agency.

(d) The department shall not approve waiver requests from permit applicants except for requests to exceed the maximum number of children living in the home pursuant to He-C 6447.16.

(e) The department shall deny a request for a waiver when:

(1) The request does not comply with (a) and (b) above;

(2) The department finds that approval of the requested waiver will jeopardize the health or safety of the child;

(3) The department finds that approval of the requested waiver will impair the kinship caregiver’s ability to adequately care for the child; or

(4) The department finds that the written plan for compliance does not satisfy the intent of the rule as an alternative to complying with the rule.

(f) When the department determines that no grounds for denial in (e) above exist, it shall approve a request for a waiver for the length of time requested in (a)(5) above or until the expiration of the license, whichever occurs first.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.28 Mandatory Notifications and Reporting. {#sec-he-c-6447.28 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.28}

(a) A kinship caregiver shall provide the licensing agency with advance notice, when practicable, of a change made to any of the following, but in any case, no later than 4:00 PM on the next business day after the change occurs:

(1) Residential or mailing address;

(2) Home or cell phone number;

(3) Marital status;

(4) Employment status;

(5) Household composition, including pets and all household members;

(6) Physical environment of the home which might affect safety including by not limited to:

a. Structural repairs or additions;

b. Removal of a furnace or other heating source;

c. The addition of a pool, pond, or other body of water;

d. Construction of an attached garage;

e. Installation of a wood stove or fireplace; or

f. Installation of gas or propane powered appliance, including but not limited to a boiler, furnace, stove, clothes dryer, water heater, space heater, or fireplace; and

(7) Any circumstances which might violate a licensing requirement of He-C 6447.

(b) A home shall have a working carbon monoxide detector with an alarm, maintained according to the manufacturer’s recommendations, on each level of the home in which there are sleeping areas, within 2 business days of any the following changes:

(1) Construction of an attached garage;

(2) Installation of a wood stove or fireplace; or

(3) Installation of gas or propane powered appliance, including but not limited to a boiler, furnace, stove, clothes dryer, water heater, space heater, or fireplace.

(c) When it is not possible for a kinship caregiver to provide advance notice to the licensing agency, the kinship caregiver shall notify the licensing agency within 7 calendar days of the occurrence of any of the following:

(1) Changes listed in (a) above;

(2) A change in the mental, emotional, or physical health of any caregiver or household member which might affect the child’s care;

(3) A caregiver’s or household member’s involvement or contact with federal, state, or local law enforcement personnel other than routine motor vehicle traffic stops unless the child in care was present during the contact;

(4) A caregiver’s or household member’s involvement or contact with DCYF, including services under RSA 169-B, RSA 169-C, or RSA 169-D; and

(5) Accepting placement of a child from another licensing agency or informally accepting a child for care directly from a child’s parent or guardian.

(d) If a kinship caregiver changes the location of their residence, in addition to the notice required in (a) or (b) above, the kinship caregiver shall, within 10 calendar days of moving residences, provide the licensing agency with a written statement via email or the United States Postal Services (USPS) verifying the effective date of the change and all current address and contact information. Upon request of the licensing agency, the kinship caregiver shall also:

(1) Complete and submit an updated Form 1601 “Kinship Caregiver Agreement” (September 2025), unless the child in care is subject to the ICPC in which case the kinship caregiver shall complete and submit an updated Form 1586 “ICPC Kinship Caregiver Agreement” (September 2025); and

(2) Participate in at least one home visit, as described in He-C 6447.13, to evaluate whether the physical environment complies with He-C 6447.06 and He-C 6447.08, and to assess the conditions of the home to determine whether it meets the specific needs of the child, including the child’s safety, permanency, health, well-being, mental, emotional, and physical development needs.

(e) Kinship caregivers shall report any use of seclusion or restraint of a child in care. The kinship caregiver shall:

(1) Verbally notify DCYF by speaking with a DCYF representative as soon as practicable after the incident; and

(2) Within 5 business days of the incident, complete and submit Form 1770 “Caregiver Report of Seclusion and Restraint” (September 2025) to DCYF by email to NHkinship@dhhs.nh.gov or via USPS: NH DCYF, Office of the Director, 129 Pleasant Street, Thayer Building, Concord, NH, 03301.

(f) A kinship caregiver shall immediately notify DCYF, by telephone call to DCYF central intake at (800) 894-5533 or (603) 271-6562, in the event of:

(1) The death of a child in care;

(2) The hospitalization of, or serious illness or injury to, a child in care;

(3) A child in care’s unauthorized absence from the kinship care home; or

(4) An unplanned childcare arrangement for a child in care that exceeds 24 hours of care.

(g) In addition to (f) above, in the case of death or serious injury, as defined in RSA 126:U:1, VI, to a child subject to seclusion or restraint, the kinship caregiver shall:

(1) Immediately notify law enforcement and emergency services of the incident; and

(2) Within 5 business days of the incident, complete and submit Form 1770 “Caregiver Report of Seclusion and Restraint” (September 2025) to the department pursuant to RSA 126-U:7-a, and in accordance with He-C 901 and the following:

a. The completed Form 1770 shall be submitted by email to NHkinship@dhhs.nh.gov or via USPS: NH DCYF, Office of the Director, 129 Pleasant Street, Thayer Building, Concord, NH, 03301; and

b. Within 5 business days of receipt of the completed Form 1770, the department shall, pursuant to RSA 126-U:7-a, notify:

The NH office of the attorney general;
The state's federally designated protection and advocacy agency for individuals with disabilities; and
The child’s parents or guardians, unless prohibited by a court order.

(h) A kinship caregiver shall report a child in care’s unusual or unexpected behavior, educational concerns, medical needs, special needs, or any other issues or circumstances that might influence or affect the child’s behavior, health, development, or well-being to the licensing agency no later than 4:00 PM on the following business day after becoming aware of the issue or circumstance.

(i) If there is a reported or observed change in the mental, emotional, or physical health of the kinship caregiver or any household member which might affect the child’s care or well-being, upon request of the licensing agency, the individual shall complete and submit Form 1722 “Medical Information Statement” (September 2025). Form 1722 is completed in 2 parts, the first by the individual and the second by a physician, physician assistant, or nurse practitioner who shall then submit the completed form to the division.

(j) A kinship caregiver shall provide the licensing agency with at least 14 calendar days written notice prior to the date the kinship caregiver is requesting the removal of the child in care from the kinship care home.

(k) The information provided to the licensing agency in accordance with (a) through (j) above shall be reviewed for compliance with the requirements of He-C 6447 and shall be taken into consideration when determining whether to take action pursuant to He-C 6447.29 and He-C 6447.30.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.29 Orders to Comply and Immediate Removal of a Child in Care {#sec-he-c-6447.29 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.29}

(a) DCYF, or other licensing agency in consultation with DCYF, shall issue a kinship caregiver a written order to comply if the kinship caregiver violates the kinship care home licensing requirements of this part and the violation is not related to the health or safety of the child in care.

(b) A written order to comply shall:

(1) Be sent to the kinship caregiver by certified mail to the kinship caregiver’s last known mailing address on file with DCYF, or be served to in hand to the kinship caregiver;

(2) Specify each violation of He-C 6447;

(3) Give notice that the kinship caregiver has 60 days from the date of the corrective action plan in (c) below to correct the violation(s);

(4) Specify the action that shall be taken by the department if the kinship caregiver fails to correct the violation(s) identified in the order to comply within the specified time period; and

(5) Be filed with the DCYF director or designee.

(c) Within 14 calendar days of the date of the order to comply, the kinship caregiver shall jointly develop a corrective action plan with the licensing agency to address the violations.

(d) The kinship caregiver shall not accept additional children in care:

(1) After receiving an order to comply, as described in (b) above, and prior to the development of an approved corrective action plan;

(2) During an ongoing investigation of alleged child abuse or neglect; or

(3) During an investigation of an alleged violation of RSA 126-U.

(e) The licensing agency shall offer an opportunity for informal dispute resolution to any kinship caregiver who disagrees with a violation cited on an order to comply, provided that the kinship caregiver submits a written request via email or USPS for informal dispute resolution to the licensing agency no later than 14 calendar days from the date the order to comply was issued.

(f) The department shall review the facts and information presented by the kinship caregiver and provide a written notice of decision to the kinship caregiver within 14 calendar days of receipt.

(g) An informal dispute resolution shall not be available for any kinship caregiver against whom DCYF has initiated action to revoke a license or permit or deny a license or license renewal.

(h) If any violation poses a present risk to the health or safety of the child in care, the department shall immediately, with court approval if required by law, remove the child in care from the kinship care home without issuing an order to comply.

(i) The department shall not issue an order to comply if:

(1) There is a founded report of child abuse or neglect for the kinship caregiver;

(2) There is a judicial finding of abuse or neglect made of the kinship caregiver; or

(3) The kinship caregiver is convicted of a felony or other crimes as described in He-C 6447.30(a).

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.30 Denial and Revocation {#sec-he-c-6447.30 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.30}

(a) In addition to the reasons for denial specified in RSA 170-E:35, the department shall deny a permit, license, or renewal application for a kinship care home if the applicant or any adult household member:

(2) Has been convicted of a felony for physical assault, battery, or a drug-related offense, and that felony was committed within the past 5 years, in accordance with 42 USC 671 (a)(20)(A)(ii); or

(3) Has been convicted of a violent or sexually related crime against a child, or of a crime which shows that the person might be reasonably expected to pose a threat to a child, such as a violent crime or a sexually related crime against an adult, pursuant to RSA 170-E:29, III.

(b) Unless DCYF determines through an investigation that the individual does not pose a present threat to the health, safety, or well-being of the child, the department shall deny an application for a permit or license if the applicant or any household member:

(1) Is the subject of a founded complaint of child abuse and neglect in New Hampshire or any other state;

(2) Has been convicted of a misdemeanor against minors or adults, except those described in (a)(3) above;

(3) Has a motor vehicle record or is the subject of a report from another source, including a local law enforcement agency, which, following assessment, indicates that the applicant or a household member might reasonably be expected to pose a threat of harm to a child;

(4) Presents, through the information provided pursuant to He-C 6447.04 through He-C 6447.08, a set of qualifications and characteristics which DCYF determines, when taken as a whole, does not reflect and support the purposes of a kinship care home, as established in He-C 6447.02 and the “Foster Care Children’s Bill of Rights” codified in RSA 170-G:21; or

(5) Any other condition or circumstance which indicates to the department that the individual might reasonably be expected to pose a threat to the safety, health, or well-being of a child.

(c) The investigation identified in (b) above shall include an opportunity for the individual to present evidence on their own behalf to show that they do not pose a threat to a child. The department shall conduct the investigation and consider the following when making its determination:

(1) All documentation and information gathered, observed, and reported throughout the licensing process including the home study evaluation and assessment;

(2) The length of time that has passed since the conviction or finding, in conjunction with the individual’s demonstration of a sustained commitment to positive change or rehabilitation since the conviction or finding;

(3) The individual’s truthfulness and cooperation with the department’s investigation; and

(4) Any extenuating or mitigating circumstances surrounding the conviction or finding.

(d) In addition to the reasons set forth in (a) and (b) above and pursuant to RSA 170-E:35, the department shall revoke a license or permit for kinship care home if the licensee or permit holder:

(1) Substantially or repeatedly does not comply with the kinship family care home permit or license requirements in He-C 6447 and RSA 170-E, or violates the provisions of their permit or license;

(2) Knowingly furnishes or makes false or misleading statements or information, or omits information in statements or submissions to the licensing agency;

(3) Refuses to submit or make available the information or documents required in He-C 6447.04 through He-C 6447.12;

(4) Refuses or does not cooperate with all aspects of an investigation of reported child abuse and neglect;

(5) Refuses or does not admit authorized personnel into the home for the purpose of a child abuse and neglect report investigation, home visit, pre-arranged visit, unannounced visit, or for and supervision or oversight of the child in care in accordance with He-C 6447.13 and pursuant to RSA 169-F:7;

(6) Does not provide and maintain a safe and sanitary home in accordance with RSA 170-E:35, He-C 6447.06, and He-C 6447.08;

(7) Does not maintain resources adequate for the child in care in accordance with He-C 6447.04 and He-C 6447.06;

(8) Substantially or repeatedly fails to work cooperatively with the licensing agency, DCYF representatives, a parent of the child in care, or a service provider in implementing the child's case plans and permanency goals in accordance with He-C 6447.24;

(9) Interferes with reunification or a transition of the child in care to another placement;

(10) Makes unfounded derogatory statements with malicious intent about licensing agency staff, DCYF representatives, the family of the child in care, other licensed caregivers, or service providers; or

(11) From the information provided pursuant to He-C 6447.04 through He-C 6447.07, He-C 6447.10, and He-C 6447.11, presents a set of qualifications and characteristics which, DCYF determines, when taken as a whole, does not reflect and support the purposes of kinship care home, as established in He-C 6447.02, and the “Foster Care Children’s Bill of Rights” codified in RSA 170-G:21.

(e) In addition to the reasons set forth in (a), (c) and (d) above, the department shall revoke the license or permit if the identified violations are not corrected within 60 days of the date of the completed and submitted corrective action plan described in He-C 6447.29.

(f) If the department revokes or denies a permit, license, or license renewal to operate a kinship family home, or denies a waiver request, the department shall, pursuant to RSA 170-E:36, I, send a notice which sets forth the particular reason for the determination to the applicant, licensee, or permit holder, by certified mail to the individual’s last known address on file with the department, or by serving the individual in hand.

(g) Pursuant to RSA 170-E:36, I, the denial or revocation shall become final 10 calendar days after receipt of the notice unless the applicant, licensee, or permit holder requests a hearing pursuant to RSA 170-E:36, II and in accordance with He-C 203.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

N.H. Code Admin. R. Ann. He-C 6447.31 Appeals {#sec-he-c-6447.31 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6447.31}

(a) Administrative appeals of department decisions to modify, revoke, or deny a permit or license, shall be conducted in accordance with RSA 170-E:37, RSA 541-A, chapter He-C 200, and this section.

(b) Appeal requests shall be filed within 10 days of the date of the notice of action.

(c) Parties to any administrative hearing who are aggrieved by the decision of the departmental hearings officer may request reconsideration in accordance with He-C 204, or may file an appeal of the decision with the superior court, in accordance with the provisions of RSA 170-E:37.

(d) Parties aggrieved by the decision of the hearings officer to deny the request for a reconsideration, or with the hearings officer’s decision after a rehearing has been conducted, may appeal the decision to the superior court, in accordance with the provisions of RSA 170-E:37.

History

#14390, eff 9-24-25, EXPIRES: 9-24-35

Part He-C 6448 Child-Placing Agency Licensing Requirements

N.H. Code Admin. R. Ann. He-C 6448.01 Applicability {#sec-he-c-6448.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.01}

This rule shall apply to any child-placing agency as defined by RSA 170-E:25, IV.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19

N.H. Code Admin. R. Ann. He-C 6448.02 Scope {#sec-he-c-6448.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.02}

This part shall apply to licensing and performance requirements for child-placing agencies.

History

#12911, eff 10-24-19 (formerly He-C 6448.02)

N.H. Code Admin. R. Ann. He-C 6448.03 Definitions {#sec-he-c-6448.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.03}

(a) “Administrator” means the person designated by the child-placing agency as responsible for the overall daily operation of the child-placing agency.

(b) “Adoptive parent applicant” means the individual seeking to adopt a child through a child-placing agency.

(c) “Adoptive parent (s) application” means the provision of documents and information by the adoptive applicant (s) needed by the child placing agency to make a decision about the applicant (s).

(d) “Adoptive parent” means an individual who has completed the formal, legal process to adopt a child.

(e) “Approval” means the formal process used by a child-placing agency to determine the acceptability of a foster home or adoptive home and the document resulting from the process.

(f) “Birth parent” means biological parent of the child.

(g) “Case plan” means a comprehensive, time-limited, goal oriented, individualized plan for the care, treatment, and education of a child in the care of an agency and is based on a current, comprehensive evaluation of the child’s needs.

(h) “Case record” means a unified, comprehensive collection of information concerning a child who is in the care of a child-placing agency.

(i) “Casework services” means services provided through interventions which help individuals or families improve their functioning in society.

(j) “Casework supervisor” means a child-placing agency professional responsible for the oversight of quality casework services.

(k) “Caseworker” means a child-placing agency staff person assigned to casework or licensing services.

(l) “Central registry” means the state registry of abuse and neglect reports maintained by the department pursuant to RSA 169-C:35.

(m) “Child” means “child” as defined in RSA 170-E:25, I, namely “any person under 21 years of age.”

(n) “Child in care” means a child who is placed in a foster home.

(o) “Child-placing agency” means “child-placing agency” as defined in RSA 170-E:25, IV.

(p) “Child-placing agency applicant” means the person or organization formally seeking a license to operate a child-placing agency.

(q) “Commissioner” means the commissioner of the New Hampshire department of health and human services or his or her designee.

(r) “Corrective action plan” means “corrective action plan” as defined in RSA 170-E:25, VI.

(s) “Criminal records” means records of criminal convictions maintained by or accessible through the NH state police.

(t) “Department” means the NH department of health and human services.

(u) “Division for Children, Youth and Families (DCYF)” means the department’s division for children, youth and families.

(v) “Family” means a unit of one or more adults who have a long-term commitment to caring for and rearing children or an extended network of related people.

(w) “Family assessment” means a home study of the foster or adoptive applicant that includes a determination and written evaluation during the application process of the suitability of the foster or adoptive parent(s) and home for child placement.

(x) "Foster family home" means “foster family home” as defined in RSA 170-E:25 II (a) (1).

(y) “Foster parent” means an individual who has a license or permit for foster family care and who provides temporary substitute parental care for a child or children under an agreement with a licensed or approved child-placing agency.

(z) “Foster parent applicant” means the individual seeking to provide temporary substitute parental care to a child through a child-placing agency.

(aa) “Household” means all individuals who reside in the foster or adoptive home during any time that a child in care is placed in the home.

(ab) “Legal parent” means an adult who is legally responsible for a child.

(ac) “Legal risk” means placement of children, who are not legally free for adoption, with prospective adoptive parents.

(ad) “License” means “license” as defined in RSA 170-E:25, XI.

(ae) “Parent” means the birth, adoptive, or foster mother or father.

(af) “Placement” means the out-of-home care of a child in a foster home, a relative’s home, or residential care facility as described in RSA 170-E: 25, I & II.

(ag) “Pre-licensing training” means the educational programs for foster parent applicants provided by the child-placing agency in accordance with He-C 6446.12 and adoptive parent applicants in accordance with He-C 6448.17.

(ah) “Staff” means all persons providing any services within a child-placing agency, including all employees, volunteers, student interns, and consultants.

(ai) “Waiver” means permission granted by the department to meet the intent of a regulation in a way other than that specified by the requirements in He-C 6448.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.02)

N.H. Code Admin. R. Ann. He-C 6448.04 Requirements for Child-Placing Agency Applicants {#sec-he-c-6448.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.04}

Each child-placing agency applicant shall:

(a) Have a written statement of agency purpose;

(b) Be incorporated and registered with the NH secretary of state as a for profit or non-profit business in NH;

(1) Has authority over and responsibility for the operation and policy of the child-placing agency;

(2) Is comprised of no less than 7 persons who have knowledge of the services provided; and

(3) Does not include staff members of the child-placing agency applicant, nor have any proprietal relationship with liquid or fixed assets of any child-placing agency applicant;

(d) Have, in their office files, written statements of philosophy and policy for its operation that addresses:

(1) Sexual harassment;

(2) Drug free workplace;

(3) Anti-discrimination;

(4) Reporting of child abuse and neglect in accordance with RSA 169-C;

(5) Discipline of children in care;

(6) Confidentiality of files, records, and information gathered in accordance with RSA 170-E:28, 170-E:29, 170-E:33 and RSA 170-E:42;

(7) Minimum educational or experiential requirements for staff;

(8) Limits on the number of cases per caseworker;

(9) Documentation that criminal record and central registry checks have been obtained on every staff member;

(10) Methodology for assessment and evaluation of programs;

(11) Provisions for the permanent retention of records pertaining to the placement of children for adoption, including maintenance of such records in the event that a licensed agency ceases to operate as a licensed child-placing agency; and

(12) Maintenance of records pertaining to the admission, progress, health, and discharge of children;

(e) Have sufficient funds and the means of raising funds to care for the children for whom the child-placing agency assumes responsibility and to assure that the child-placing agency can continue its responsibilities until its obligations are ended; and

(f) When the child-placing agency has not operated before or is reopening, provide documentation to the department of funding source, budget, staffing, fee schedules, and contingency funds that demonstrates that the child-placing agency has the fiscal capacity to operate for at least 6 months such as funding source, budget, staffing, fee schedules, and contingency funds.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19

N.H. Code Admin. R. Ann. He-C 6448.05 Administration {#sec-he-c-6448.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.05}

(a) A child-placing agency shall have an annual external financial audit or a review performed by a certified public accountant.

(b) A licensed child-placing agency shall have a local advisory board that:

(1) Is made up of at least 5 members;

(2) Has officers of advisory boards elected at least every 2 years; and

(3) Has meetings at least quarterly with minutes taken and retained for 7 years.

(1) Is responsible to the governing body for the administration of the child-placing agency’s policies and program; and

(2) Is a graduate of an accredited 4-year college or university, with a major in social services, psychology, or education, and has had at least 5 years of experience in human services.

(d) If the administrator is also responsible for casework supervision, then the administrator shall meet the qualifications of both positions.

(e) Each child-placing agency shall have a casework supervisor who is responsible for the provision of child-placing services, foster care services, or adoption services.

(f) A casework supervisor shall have either:

(1) A master’s degree from an accredited school of social work or a field of study with an emphasis on human service and an equivalent of at least 3 years of full-time casework experience in a child and family related setting with one year of this experience in a supervisory capacity; or

(2) A bachelor’s degree and 5 years of experience in child welfare social work with 2 years of this experience in a supervisory capacity.

(g) The child-placing agency applicant shall have written personnel standards that include:

(1) Titles for each position defining the salary scale, duties, and lines of authority;

(2) Job descriptions and qualifications of the administrator and casework supervisor which shall meet or exceed the requirements set forth in (c) and (f) above;

(3) A description of employee benefits;

(4) Opportunities for growth through supervision, orientation, in-service training, and staff development including competency-based courses pursuant to He-C 6446.21;

(5) Annual evaluations of the work and performance of each staff member that includes a provision for employee participation in the evaluation process;

(6) A description of the termination procedures established for resignation, retirement, or discharge; and

(7) A grievance procedure for employees.

(h) The child-placing agency shall prepare agency specific handbooks for foster and adoptive parent applicants that describe the requirements, policies, procedures, and forms.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.04)

N.H. Code Admin. R. Ann. He-C 6448.06 Maintenance of Records {#sec-he-c-6448.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.06}

(a) The child-placing agency shall maintain records in a manner that provides for security and confidentiality of information.

(b) The child-placing agency shall have written procedures documenting the storage and access of confidential information, and staff shall be made aware of these procedures and the need for protection of confidential information.

(d) The child-placing agency shall not make agency records available to qualified researchers or accreditation agencies unless steps have been taken to preserve the anonymity of children and families.

(e) The child-placing agency shall maintain administrative records that include:

(1) The purpose statement, service population, and geographic service area of the child-placing agency;

(2) The most recent needs assessment conducted, pursuant to He-C 6448.08(e);

(3) A complete operating procedure for the provision of services;

(4) A current listing of personnel, including volunteers, and an organizational structural diagram noting supervisory relationships;

(5) The names, addresses, and positions of each member of the governing body as required by He-C 6448.04(c) and a description of the duties of each;

(6) The by-laws and articles governing the operation of the child-placing agency;

(7) Quarterly minutes of advisory and governing board meetings as described in He-C 6448.05(b)(3);

(8) Written personnel policies and job descriptions for each employee engaged in child-placing activities and a policy on the use of volunteers; and

(9) Personnel files for each employee and volunteer that includes verification of criminal and child abuse registry checks.

(f) Each child-placing agency placing children in adoptive homes shall also maintain permanent case records on adoptive parents that include:

(1) Documents required in He-C 6448.16 (a), (c), (d), (e), and (f);

(2) A placement agreement, the written document that specifies the terms of a child’s placement, signed by all individuals upon placement of a child, including a medical release obtained when the child was placed;

(3) A written record of post-adoption services provided, including documentation of the completion of the adoption; and

(4) A written record of services to birth and legal parents that includes intake information and a description of services provided.

(g) Each child-placing agency that places children in foster homes shall also maintain a permanent case record on each foster home that includes:

(1) The foster home application for licensure as a foster home;

(2) A copy of the foster home family assessment performed in accordance with He-C 6448.11(b)-(c);

(3) A copy of the license for the foster home;

(4) Copy of the results of all home monitoring visits;

(5) A record of the children placed in the foster home with dates of placement and progress notes for the children; and

(6) A copy of the discharge summary for all children discharged from the program.

(h) The child-placing agency shall maintain records for each child for whom placement services are provided that include:

(1) Written authorization for placement;

(2) Any medical release forms;

(3) If the placement was made as a result of an interstate compact, documentation required by RSA 170-A:1, Article III;

(4) Written description of the child’s placement experience;

(5) A description of treatment services provided for the child and biological family;

(6) Reason for placement;

(7) Documentation of the surrender or termination of parental rights;

(8) Results of any reviews conducted and progress notes; and

(9) Written description of the services provided to any child for whom the planned placement was not made.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.20)

N.H. Code Admin. R. Ann. He-C 6448.07 Operational Requirements {#sec-he-c-6448.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.07}

(a) The child-placing agency shall maintain and make available upon the request of DCYF, all case records, personnel files, and other agency records as agreed upon by the agency and DCYF.

(b) The child-placing agency shall maintain a personnel file for each employee that includes:

(1) The application for employment, including record of previous employment;

(2) A copy of each educational degree and applicable credential or certification;

(3) A minimum of 5 written references;

(4) The results of criminal and central registry checks;

(5) Staff development attendance; and

(6) Annual performance evaluations.

(c) The child-placing agency shall not hire or continue to employ a person whose health, veracity, education, work history, or behavior and actions impair her or his ability to protect the health and safety of the children served as determined by:

(1) Completion of a child abuse registry check with DCYF prior to the employment start date of new staff members;

(2) Verification of the applicant’s addresses for the past 5 years;

(3) Review of criminal, central registry, and motor vehicle checks from all states in which the applicant has resided during the 5 years prior to the start of employment;

(4) Evaluation of any arrest, criminal conviction, and motor vehicle checks of an employee for its impact on employment and on the care and safety of children;

(5) Verification of the applicant’s qualifications through at least 5 written references; and

(6) Review of a signed medical statement that the employee can perform the job.

(d) All staff shall maintain confidentiality of information concerning clients and their records, such as securing files, and refraining from discussing or disclosing information without authorization or written consent pursuant to RSA 170-E:34 (c).

(e) Staff members shall be certified or licensed, if required by law.

(f) The child-placing agency shall maintain correspondence, records, bookkeeping, and files up-to-date and easily retrievable.

(g) The child-placing agency shall maintain a roster of members of its staff listing position, title, and qualifications and a current organizational chart showing administrative structure and staffing, including lines of authority.

(h) A child-placing agency that uses volunteers to work directly with children and families shall:

(1) Have written job descriptions;

(2) Require 3 personal references;

(3) Designate a staff member to supervise and evaluate volunteers;

(4) Develop and implement a written plan for the orientation and training of volunteers in the philosophy of the child-placing agency;

(5) Require all volunteers to maintain strict confidentiality concerning clients and records; and

(6) Complete criminal and central registry checks pursuant to RSA 170-E:29-a for each volunteer who has regular contact with children prior to the volunteer entering service for the child-placing agency.

(i) The child-placing agency shall have written procedures for handling suspected incidents of child abuse and neglect involving staff, foster or adoptive parents, or volunteers that include:

(1) A provision for recording a suspected incident and for promptly reporting it to the agency’s director or to the governing body or advisory board;

(2) A provision for reporting an allegation of abuse or neglect as described in RSA 169-C:29;

(3) A provision for preventing a recurrence of the alleged incident pending investigation; and

(4) A provision for notifying the department of any findings of an investigation of abuse or neglect.

(j) A child-placing agency shall establish operational policies and procedures so staff are informed of current adoption and foster care agency practices and staff can provide services consistently to clients.

(k) A child-placing agency shall have a written on-going program of staff development or provide staff the opportunity to attend training outside of the agency.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.17)

N.H. Code Admin. R. Ann. He-C 6448.08 Child-Placing Agency Application Requirements {#sec-he-c-6448.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.08}

(a) DCYF shall forward an application packet to child-placing agency applicants meeting the requirements of He-C 6448.04 which includes the following:

(1) Form 2611 “Application For Child-Placing Agency License” (October 2019); and

(2) A copy of He-C 6448.

(b) A representative of the governing body of the child-placing agency applicant shall sign and date the “Certification” of Form 2611 “Application For Child-Placing Agency License” (October 2019) certifying the following:

“As a representative of the governing body, I certify that:

The governing body has authority over and responsibility for the operation and policy of the applicant agency;

The governing body is comprised of no less than 7 persons who have knowledge of the services provided; and

The governing body does not include staff members of the applicant agency, not have any proprietary relationship with liquid or fixed assets of any applicant agency”

(c) In addition to the requirements in (a) and (b) above, the administrator of the applicant agency shall sign and date the “Authorization/Statement of Understanding” of Form 2611 “Application For Child-Placing Agency License” (October 2019) which affirms:

“I have reviewed Administrative Rule He-C 6448 and shall adhere to the rule as a licensed child-placing agency. I hereby acknowledge that DCYF personnel will be provided with access to the child-placing agency’s case records, personnel files, and other agency records in accordance with He-C 6448.07(a).

I authorize the NH Division for Children, Youth and Families (DCYF) to conduct reviews to determine the agency’s compliance with Administrative Rule He-C 6448. I further understand that DCYF has the right to verify information contained in this application.

The information contained in this application is correct to the best of my knowledge.”

(d) In addition to the requirements in (a) – (c) above, all agency personnel, including volunteers and any member of the governing board that has regular contact with children, shall submit:

(1) A completed and notarized form “Criminal History Record Information Release Authorization Form” (DSSP256) directly to the New Hampshire department of safety – division of state police with Section II completed to authorize the release of the person's criminal records, if any, to the department; and

(2) A completed and notarized form 2501 “DCYF Central Registry Name Search Authorization Release of Information to Third Party” (October 2019) to the department and the applicant shall certify to the following:

“I acknowledge that the results of this search can only be released to myself or a Child-Placing Agency pursuant to NH RSA 170-E, the Department of Health and Human Services pursuant to NH RSA 170-G:8-c, or another state’s Child Welfare Agency or Private Adoption Agency pursuant to NH RSA 169-C:35. I understand and authorize the results of this search to be provided to the person/agency listed below if in compliance with the aforementioned laws. Any entity below that is not governed under these laws will not be sent the results.”

(e) In addition to the requirement in (a) – (d) above, the applicant shall submit documentation of the present need for the proposed child-placing agency that includes:

(1) Demographic data;

(2) Population to be served;

(3) Geographic area to be served; and

(4) Documents or statements of requested delivery of service from DCYF or other child-placing agency such as a request for proposal;

(f) In addition to the requirements in (a) – (e) above, the applicant agency shall submit the following attachments with Form 2611 “Application For Child-Placing Agency License” (October 2019):

(1) Written statements of philosophy and policy for agency operations that addresses:

a. Sexual harassment;

b. Drug free workplace;

c. Anti-discrimination;

d. Reporting of child abuse and neglect in accordance with RSA 169-C;

e. Discipline of children in care;

f. Confidentiality of files and, records and information gathered in accordance with RSA 170-E:28, 170-E:29, 170-E:33 and RSA 170-E:42;

g. Minimum educational or experiential requirements for staff;

h. Limits on the number of cases per caseworker;

i. Documentation that criminal record and central registry checks have been obtained on every staff member;

j. Methodology for assessment and evaluation of programs;

k. Provisions for the permanent retention of records pertaining to the placement of children for adoption, including maintenance of such records in the event that a licensed agency ceases to operate as a licensed child-placing agency.

l. The appropriateness, safety, environmental health, and general adequacy of the premises, including maintenance of adequate fire prevention and health standards conforming to state laws and municipal codes, to provide for the physical comfort, health and care of children received;

m. Provisions for food, clothing, educational opportunities, program, equipment, and individual supplies to assure the health and the physical and mental development of children served;

n. Provisions to safeguard the legal rights of children served;

o. Maintenance of records pertaining to the admission, progress, health and discharge of children;

p. Filing of reports with the department, including format, frequency, and content of such reports;

q. Protection and fostering of the particular religious faith of the children served, where applicable;

r. Duties and responsibilities of the board of directors or other governing body of the child-placing agency with respect to compliance with residential care and child-placing agency Licensing beginning at RSA 170-E:24 and the related standards according to He-C 6448.

(2) Written personal standards that include:

a. Titles for each position defining the salary scale, duties, and lines of authority;

b. Job descriptions and qualifications of the administrator and casework supervisor which shall meet or exceed the requirements set forth in He-C 6446.04 (c) and (f);

c. A description of employee benefits;

d. Opportunities for growth through supervision, orientation, in-service training, and staff development including competency-based courses pursuant to He-C 6446.19;

e. Annual evaluations of the work and performance of each staff member that includes provision for employee participation in the evaluation process;

f. A description of the termination procedures established for resignation, retirement, or discharge; and

g. A grievance procedure for employees.

(g) In addition to the requirements in (a) – (f) above, the applicant agency shall submit the following attachments with Form 2611 “Application For Child-Placing Agency License” (October 2019):

(1) A copy of the child-placing agency applicant’s charter, articles of incorporation, by-laws, or other policy documents demonstrating the legal authority for operating in NH;

(2) A copy of the most recent needs assessment conducted pursuant to He-C 6448.08(e);

(3) Copy of a Certificate of Good Standing from the New Hampshire secretary of state;

(40 Fee schedules for adoption services provided by the child-placing agency;

(5) For child-placing agencies in operation for at least 3 years, attach a copy of the most recent audited financial statements, and budgets for the last 3 years;

(6) For child-placing agencies in operation for less than 3 years, attach documentation of funding source, budget, staffing, fee schedules and contingency funds that demonstrates that the agency has the fiscal capacity to operate for at least 6 months;

(7) A copy of the agency specific handbook for foster and adoptive parent applicants that describe the requirements, policies, procedures, and forms; and

(8) A copy of the current listing of personnel, including volunteers, and an organizational structural chart noting supervisory relationships and the reporting hierarchy of the child-placing agency.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19

N.H. Code Admin. R. Ann. He-C 6448.09 Issuance of Child-Placing Agency License {#sec-he-c-6448.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.09}

(a) The commissioner shall approve the child-placing agency for a license in accordance with RSA 541-A:29 and when:

(1) The child-placing agency applicant has complied with He-C 6448.04-08;

(2) A review of the criminal and central registry records checks by DCYF staff find that no employee poses a known threat to any child;

(3) The child-placing agency has demonstrated, through the documentation required by He-C 6448.08(e), that a present need for the services being offered exists; and

(4) The documentation provided in accordance with He-C 6448.08(e) demonstrates that the child-placing agency has the ability to accommodate the present needs for services identified in (3) above.

(b) Upon approval as described in (a) above DCYF shall forward to the child-placing agency applicant a written certificate that includes:

(1) The name and address of the child-placing agency;

(2) The effective dates of the license;

(3) The parameters of service the child-placing agency is approved for such as adoption, foster care and family home assessments included in the license approval;

(4) Type of child placement;

(5) Number of the license as issued by the department; and

(6) The signature of the director of DCYF.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.06)

N.H. Code Admin. R. Ann. He-C 6448.10 Provision of Foster Care Services {#sec-he-c-6448.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.10}

(a) The department or any licensed child-placing agency shall place a child only with another licensed child-placing agency.

(b) A child-placing agency shall not place a child in the custody, guardianship, or supervision of DCYF in an unlicensed foster home.

(c) A child-placing agency shall not place a child without the written authorization of the parents, agency, or other person with the legal authority to provide the authorization.

(d) In addition to the information required by He-C 6448.06(h), the child-placing agency shall obtain, record, and maintain the following information in the child’s case record:

(1) The full name of the child and his or her residence prior to being placed in care;

(2) Date and place of the child’s birth;

(3) The sex of the child;

(4) The child’s social security number, when available;

(5) The names, addresses, telephone numbers, occupations, marital status, and ethnicity of the parents;

(6) How the parents can be reached in the event of an emergency;

(7) The names, ages, sex, and relatedness of siblings, and addresses when known;

(8) The legal custody and guardianship status of the child;

(9) The religion of the child;

(10) The educational status of the child;

(11) The medical history insofar as available, for the child and the parents;

(12) The medical insurance information;

(13) A signed authorization for placement and a signed release for ordinary and emergency medical care;

(14) The particular needs of the child and how the child-placing agency can meet them, including a plan for reunification with the birth parents or some other permanency plan which provides the child with a stable, permanent home; and

(15) The life history of the child up to the time of placement.

(e) The case work staff shall visit each foster family home which has a child in care:

(1) Within 10 working days after the child’s placement;

(2) At least once a month or in accordance with the child’s case plan and the family’s need for supervision and support; and

(3) Submit progress reports, as required by the Interstate Compact on the Placement of Children (ICPC) for all interstate placements to:

DCYF Deputy Compact Administrator

129 Pleasant Street

Concord, NH 03301

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.07)

N.H. Code Admin. R. Ann. He-C 6448.11 Foster Family Applicant Services {#sec-he-c-6448.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.11}

(a) Application and licensing of foster family homes shall be in accordance with He-C 6446.

(b) A child-placing agency shall have a written description of its application process to determine the suitability of a family for foster care including all requirements in He-C 6446.03.

(1) Includes a minimum of 3 meetings with the prospective parent(s) at least 2 visits made to the home;

(2) Consists of individual and joint meetings with all household members;

(3) Shall be completed within 120 days of the date that the application and all required documentation as described in He-C 6446.04 were received, unless the applicants agree in writing that the child-placing agency may extend the time allowed to complete the family assessment; and

(4) Provides written results to the applicant of the foster family assessment within 30 days after completing the family assessment.

(d) The child-placing agency shall prepare a written family assessment as described in He-C.6446.12.

(e) In accordance with He-C 6446.11, home visits shall be held in the foster home with representatives of the child-placing agency prior to the issuance of a permit or a license.

(f) The minimum requirements for acceptance of foster family applicants shall be in accordance with He-C 6446.05 and the following:

(1) Foster parent applicants, whether married or single, shall have established a stable and consistent home life in that the applicant is self-sufficient and has adequate support systems, such as extended family and friends in the community who are able to assist the family;

(2) The foster parent applicants shall demonstrate good physical and emotional health, as required in He-C 6446.07(e);

(3) The foster home shall conform to the requirements set forth in He-C 6446.10; and

(4) The foster parent applicant shall:

a. Not have a court finding related to child abuse or neglect or any other serious crime that would affect the ability to care for children; or

b. When a founded report is on file, have been determined by DCYF to no longer pose a threat to any child in accordance with He-C 6448.16(d)(4)b.

(g) The decision to recommend approval of a family for licensure for a foster home shall be that of the child-placing agency’s professional case work staff including at least 2 persons being involved in the decision.

(h) A child-placing agency shall inform each applicant in writing of its decision on the application within 120 days from the date that the completed application and all required documents are received.

(i) After following the child-placing agency’s appeal process, any applicant who is denied licensure may follow He C 6446.30 to appeal the decision. All records shall then be given to DCYF for review.

(j) Pursuant to He-C 6446.13, the foster family applicants shall complete pre-licensing training prior to the issuance of a license.

(k) The child-placing agency shall conduct a re-licensing evaluation of its foster families prior to the expiration of the current license, pursuant to He-C 6446.16.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11 (from He-C 6448.12), EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.08)

N.H. Code Admin. R. Ann. He-C 6448.12 Services to Foster Family Providers {#sec-he-c-6448.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.12}

(a) The child-placing agency caseworker may perform announced or unannounced meetings with the foster family in the foster home.

(b) The child-placing agency shall monitor and ensure that foster parents obtain at least the minimum amount of training required pursuant to He-C 6446.21 or He-C 6355.16.

(c) The child-placing agency shall assign licensing staff to each permitted or licensed foster family to monitor licensing requirements.

(d) The child-placing agency shall notify foster parent(s) that the foster parent stipend is a reimbursement for the care of the child and not a payment to the foster parent(s).

(e) Within 7 working days of the termination of a placement, the child-placing agency shall contact the foster parents to provide support and resolve any remaining issues relative to the child leaving the home.

(f) The child-placing agency shall provide foster family care providers with an agency-specific foster parent handbook in an electronic or paper format informing them of policies, procedures, and forms which are relevant to its specific agency.

(g) The child-placing agency shall ensure the foster family provider complies with the record keeping and confidentiality requirements of He-C 6446.25.

(h) The child-placing agency may recommend, in writing, to DCYF that a foster family license be revoked, pursuant to He-C 6446.29.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11 (from He-C 6448.11), EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.09)

N.H. Code Admin. R. Ann. He-C 6448.13 Services to Children in Foster Care {#sec-he-c-6448.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.13}

(a) The child-placing agency shall ensure that the child being placed is in a program appropriate to his or her needs according to the provisions of He-C 6446.

(b) Siblings shall be placed together when possible.

(c) The child-placing agency shall encourage contact between birth parents and children during foster care in accordance with the case plan.

(d) The child-placing agency shall encourage contact between birth parents and foster parents while the child is in foster care in accordance with the child’s case plan.

(e) When a child with a legal relationship with DCYF has been placed in a foster home, the foster parent shall notify the child-placing agency and DCYF:

(1) Within one working day of any incidents related to the child’s psychological or medical well-being such as an accident requiring medical care or unusual aggressive or abusive behavior by the child; or

(2) Immediately in the event of:

a. The death of a child in care;

b. The hospitalization of, or serious illness or injury to, a child in care;

c. The unauthorized absence from the foster home of a child in care; or

d. The unplanned child care arrangements for a child in care if the arrangements are to care for a child in excess of 24 hours.

(f) The child-placing agency shall report any incidents described in (c) above to the child’s DCYF child protection service worker or supervisor upon any such notification.

(g) When the child-placing agency requests discharge of a child with a legal relationship with DCYF from the child placing agencies foster care program, the child-placing agency shall discharge a child only:

(1) After providing 2 weeks prior notice of the discharge to all parties, including DCYF, the foster family, and the birth family, except in emergencies;

(2) By order of the court; or

(3) Upon the recommendation of DCYF, or persons having legal custody of the child;

(h) After discharge, the child-placing agency shall complete and submit a discharge summary to DCYF and file a copy in the child’s case record, which includes at a minimum, the following:

(1) The name and address of the person, persons, or agency to whom the child was discharged;

(2) Date of discharge; and

(3) Reason for discharge; and

(i) The child-placing agency shall provide information and recommendations to DCYF for aftercare planning.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.10)

N.H. Code Admin. R. Ann. He-C 6448.14 Provision of Adoption Services {#sec-he-c-6448.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.14}

(a) The primary focus of the adoption program shall be to protect the rights of the children, birth and legal parents and potential adoptive parents and to meet the needs of the children for whom the child-placing agency accepts responsibility by offering services to the child, birth and legal parents, and the adoptive parents.

(b) The child-placing agency shall explain the eligibility requirements of the agency to persons seeking to apply to adopt including:

(1) Residence;

(2) Age;

(3) Religion;

(4) Health;

(5) Composition of the family; and

(6) Financial ability to provide care for the child.

(1) Adoption family assessment as described in He-C 6448.16 (c);

(2) Training as described in He-C 6448.17;

(3) Services to pre-adoptive parents and children as described in He-C 6448.18; and

(4) Post-adoption services as described in He-C 6448.19.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.11)

N.H. Code Admin. R. Ann. He-C 6448.15 Services to Birth Parents Considering Adoption {#sec-he-c-6448.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.15}

(a) Prior to making an adoption plan for the child, the child-placing agency shall offer adoption counseling to birth parents.

(b) The child-placing agency shall help the parent assume or resume her or his parental role and responsibilities when the parent no longer wants to make an adoption plan.

(c) The child-placing agency shall help the birth family gain access to the services necessary to preserve and strengthen the family and to accomplish the family’s goals. When the child is in foster care, the agency shall assist the parent with the issues that brought about the need for placement.

(d) The child-placing agency shall encourage contact between birth parents and children during foster care in accordance with the case plan.

(e) The child-placing agency shall encourage contact between birth parents and foster parents while the child is in foster care in accordance with the child’s case plan.

(f) Child-placing agencies providing adoption services shall not accept a child into care without a signed agreement with the parents of the child that includes:

(1) The expectations and responsibilities of the child-placing agency;

(2) The expectations and responsibilities of the parents;

(3) The financial arrangements for the child; and

(4) Visitation plans.

(g) When appropriate to the case plan, the child-placing agency shall refer the child’s family to other agencies in the community providing appropriate services.

(h) When the child’s family has been referred to a community agency as described in (g) above, the child-placing agency shall maintain communication with the agency providing the services, contingent on a signed release of information from the child’s parent or guardian.

(i) The child-placing agency shall document efforts to obtain a signed release of information from a child’s parent or guardian in order to maintain communication in (h) above.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.12)

N.H. Code Admin. R. Ann. He-C 6448.16 Adoption Family Application {#sec-he-c-6448.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.16}

(a) During the adoption family application process, the child-placing agency shall obtain:

(1) A signed application as provided by the child-placing agency;

(2) A signed medical statement from a licensed physician, physician’s assistant, or nurse practitioner on each applicant based on an examination given within one year of the application;

(3) A financial statement which includes:

a. The monthly income available to the household from all sources including adoption subsidies for children with special needs;

b. Monthly expenses such as rent or mortgage, food, clothing, utilities, insurance, loan and credit card payments; and

c. Assets such as savings, investments, and real estate;

(4) Information on the adoptive parent applicants’ religious preferences, if any; and

(5) A minimum of 5 personal references provided by persons who have known the applicants for at least 2 years, one of whom is a relative and the remaining 4 unrelated to the applicant by blood or marriage.

(b) The child-placing agency shall provide the adoptive family applicant with an agency-specific adoptive family handbook informing them of policies, procedures, and forms, which are relevant to its specific agency.

(c) A family assessment and application shall be completed as described in He-C 6446.04-.13 for an adoptive applicant family which:

(1) Includes at least 3 meetings with at least one meeting in the home;

(2) Consists of individual and joint meetings, when applicable, with the couple;

(3) Involves all adults and children of sufficient understanding in the household;

(4) Shall be completed within 120 days of the date that the application and all required documents were received, unless the applicants agree in writing that the child-placing agency may extend the time allowed to complete the family assessment;

(5) Provides written results to the applicant of the adoptive family assessment within 30 days after completing the family assessment; and

(6) Includes consideration of the following factors to assess the adoptive parent applicant’s compatibility with a child and any problems the adoptive parent applicants might encounter following the adoption:

a. The adoptive parent applicants’ motivation to adopt;

b. If applicable, how the adoptive parent applicants have dealt with issues of their infertility;

c. The adoptive parent applicants’ expectations of the child and preferred child characteristics; and

d. The adoptive parent applicants’ feelings about adoption and how adoption will be explained to the child, including:

Searches for birthparents or other relatives;
Reunification with birthparents or other relatives;
Open adoption which is the private and non-legally binding agreement between birth parents that the adoptive child can remain in contact with the birth parents or other biological relatives;
Attitude toward parents who place their child for adoption; and
The background of the child.

(d) The minimum requirements for acceptance of the adoptive parent applicants shall be as follows:

(1) Each adoptive parent applicant shall be at least 18 years of age;

(2) Each prospective adoptive parent shall confirm their commitment to adopt;

(3) The adoptive parent applicant shall not have been convicted of child abuse or neglect or any other serious crime that would affect the ability to care for children;

(4) The adoptive parent applicants and all household members shall be screened by the department, pursuant to RSA 170-B:18, VII , for any founded reports of child abuse or neglect on file with DCYF, and:

a. If a founded report is on file for any member of the adoptive parent applicant’s household, DCYF staff in cooperation with staff from the child-placing agency shall conduct a complete review of the circumstances surrounding the report; and

b. After review, if DCYF determines that the household member poses no further threat to any child, the child-placing agency shall proceed with the application process;

(5) Adoptive parent applicants, whether married or single, shall have established a stable and consistent home life in that the applicant shall be self-sufficient and shall have adequate support systems such as extended family and friends in the community who are able to assist the family;

(6) The applicants shall demonstrate good physical and emotional health, with a reasonable expectation that the good health will continue throughout the minority of the child;

(7) Sufficient physical space and accommodations in the home shall exist for the adoptive child; and

(8) The applicants shall have sufficient income to support the family and the child they wish to adopt.

(e) Approved adoptive families who have waited a year for a placement shall have an annual home visit and family assessment update which includes:

(1) Any changes to the original family assessment;

(2) An update of the household members medical health;

(3) Updated criminal checks for all household members; and

(4) Updated child protective services checks for child abuse or neglect.

(f) Adoptive parents must wait at least 6 months after the placement of a child for adoption, and until the adoption is final before submitting an application for an additional unrelated child or children. The requirements in (a)-(d) above shall apply to applications and family assessment for additional children.

(g) A child-placing agency shall approve a home as an adoptive home if the completed application and assessment demonstrate that the adoptive applicant can provide care in compliance with the requirements of RSA 170-B:18.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.13)

N.H. Code Admin. R. Ann. He-C 6448.17 Pre-Adoptive Training {#sec-he-c-6448.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.17}

(a) Pre-adoptive training shall consist of at least 8 hours of training that covers:

(1) The adoption process;

(2) The impact of early and prenatal trauma on child development;

(3) Understanding a child’s behaviors;

(4) Grief and loss;

(5) Developmental stages;

(6) The family unit from which the child entered the adoptive process;

(7) The impact of adoption on the family and community; and

(8) Race and culture.

(b) Pre-adoptive training shall be completed in its entirety:

(1) During the family assessment process; and

(2) Prior to approving a family for adoption.

(1) Dates;

(2) Hours completed; and

(3) Topics covered.

(d) Pre-adoptive training described in (a) above shall be optional when:

(1) The adoptive parent applicant has already taken the training as a result of a previous adoption; or

(2) The adoptive parent applicant is a relative per, RSA 170-B:2 XV of the child who has lived with the child for at least 6 months.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.14)

N.H. Code Admin. R. Ann. He-C 6448.18 Services to Pre-Adoptive Parents and Children to be Adopted {#sec-he-c-6448.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.18}

(a) Child-placing agency providing adoption services shall not accept a child for care with adoption as the permanent plan unless the child-placing agency:

(1) Has first confirmed with the birth parent(s) that acceptance of the child for care is desired by both of them, and that it is in the child’s best interests;

(2) Has a reasonable expectation that the child can be legally surrendered and released for adoption;

(3) Has sufficient casework services to assist the parents surrendering the child in a decision regarding the future of the child, including full exploration of the alternatives available to all individuals; and

(4) Establishes a clear understanding between the child- placing agency and the prospective adoptive parent of the temporary nature of the placement.

(b) The child-placing agency shall consider the following factors to ensure appropriate adoptive placements in which the adoptive parents are best able to meet the needs of the child:

(1) The developmental and medical history of the child;

(2) The mental and physical health history of the biological family;

(3) The child’s religious practices;

(4) Psychological, social, and cultural factors regarding the child and the family;

(5) The legal custodial status of the child;

(6) The ability of the child to accept adoption; and

(7) Inter-relationships among the child, the biological family, and the adoptive family.

(c) The child-placing agency shall approve an adoptive family applicant if the completed application demonstrates that the applicant can provide care in compliance with the requirements of RSA 170-B and He-C 6448.

(d) The child-placing agency caseworker may perform announced or unannounced home visits with the adoptive family in the adoptive home.

(e) The following shall be required in preparation of the child for adoptive placement:

(1) Except in accordance with (2) below, a child shall not be placed for adoption until all legal impediments have been removed;

(2) A child may be placed in a legal risk adoption home that has been approved for pre-adoptive placement when the child’s permanent plan is adoption but the child has not been surrendered for adoption or has not been the subject of a completed petition;

(3) The child-placing agency shall formally advise pre-adoptive parents in writing of the nature and extent of any legal or medical risks;

(4) A child shall not be placed in an adoptive home until the home has been approved by a licensed child-placing agency or the department;

(5) All interstate placements shall be done in compliance with RSA 170-A;

(6) The child-placing agency’s caseworker shall:

a. Review all available information about the child and family prior to placement;

b. Ensure that the placement is accomplished with a minimum of trauma to the child;

c. Help the child understand the reasons for placement and prepare the child for the new environment as determined by the developmental stage of the child;

d. Conduct pre-placement visits prior placing the child to the pre-adoptive home, except for infants or when placing under emergency conditions to ensure the needs of the child and family are met;

e. Arrange for a physical examination performed by a physician, physician’s assistant, or nurse practitioner for each child in care at the time of placement or within 30 days of placement, unless there is written documentation of a physical examination within the 12 months preceding placement; and

f. Obtain and record, or update an existing, developmental history for each child in care; and

(7) The child-placing agency that has custody of the child or to whom a child is surrendered and released shall be responsible for carrying out the provisions of this section.

(f) Following placement of the child, the caseworker shall:

(1) Contact the adoptive family, by phone or in person, within 3 weeks of placement;

(2) Meet in person with the adoptive family and the child(ren) one month after placement and at least once every 2 months thereafter until the adoption is finalized or until at least 3 visits have been completed;

(3) Conduct at least 2 of the home visits required in (2) above in the home of the adoptive family;

(4) Submit post placement supervisory reports to the DCYF ICPC office for all interstate adoption placements as required in He-C 6448.10(e)(3); and

(5) For foreign adoptions:

a. Meet in person with the adoptive family and the child(ren) within one month of the placement;

b. Complete at least 3 post placement visits in total; and

c. Make additional visits with the family and the child(ren) if required by the foreign country or the child placing agency responsible for the child.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.15)

N.H. Code Admin. R. Ann. He-C 6448.19 Provision of Post-Adoption Services {#sec-he-c-6448.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.19}

(a) Post-adoption services shall be provided to the adoptive families by the child-placing agency:

(1) Upon request by the adoptive family; or

(2) When required for the adoptive family by any referring domestic or international agency.

(b) Post-adoption services that support the adoptive family shall include, but not be limited to:

(1) Individual, family, or group counseling;

(2) Recreational activities;

(3) Opportunities to meet other adoptive families; and

(4) Searches for birth parents or other relatives.

(c) When the child-placing agency does not directly provide post-adoptive services as described in (b) above, the child-placing agency shall provide referral information to adoptive families for post-adoption services.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.16)

N.H. Code Admin. R. Ann. He-C 6448.20 Renewal of License {#sec-he-c-6448.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.20}

(a) At least 90 days prior to license expiration, DCYF shall forward an application packet to child-placing agency applicants meeting the requirements of He-C 6448.04 which includes the following:

(1) Form 2611 “Application For Child-Placing Agency License” (October 2019); and

(2) A copy of He-C 6448.

(b) In addition to complying with the requirements in He-C 6448.08(b) – (e), the child-placing agency shall submit only those attachments listed in He-C 6448.08(f) and (g) that were updated or revised by the child-placing agency since the last application submission.

(1) The child-placing agency applicant has complied with (a) and (b) above;

(2) A review of the criminal and central registry records checks by DCYF staff find that no employee poses a known threat to any child;

(3) The child-placing agency has demonstrated, through the documentation required by He-C 6448.08(e), that a present need for the services being offered exists; and

(4) The documentation provided in accordance with He-C 6448.08(e) demonstrates that the child-placing agency has the ability to accommodate the present needs for services identified in (3) above.

(c) Upon approval as described in (b) above DCYF shall forward to the child-placing agency applicant a written certificate that includes:

(1) The name and address of the child-placing agency;

(2) The effective dates of the license;

(3) The type of service programs the child-placing agency has received license approval for, including one or more of the following:

a. International adoption;

b. Domestic adoption;

c. Adoption family assessments;

d. Foster care family assessments; or

e. Foster care,

(4) Type of child placement;

(5) Number of the license as issued by the department; and

(6) The signature of the director of DCYF.

(d) The child-placing agency license shall be valid for 4 years.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.18)

N.H. Code Admin. R. Ann. He-C 6448.21 Annual Monitoring and Reporting {#sec-he-c-6448.21 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.21}

(a) A completed form 2648 “Child-Placing Agency Annual Report” (October 2019) shall be submitted by a licensed child-placing agency to DCYF one year from the date of the initial issuance of the child-placing agency license and at the anniversary date for every year the child-placing agency continues to be licensed.

(b) Form 2648 “Child-Placing Agency Annual Report” (October 2019) shall be available on https://www.dhhs.nh.gov/dcyf/adoption/index.htm for downloading.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.19)

N.H. Code Admin. R. Ann. He-C 6448.22 Notice of Changes in Child-Placing Agency License Status {#sec-he-c-6448.22 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.22}

(a) The child-placing agency shall notify DCYF in writing at least 90 days prior to a planned change that affects its service to children or families.

(b) Changes shall include, but not be limited to:

(1) A change of ownership or sponsorship of the child-placing agency;

(2) A change in the name or location of the child-placing agency;

(3) A change in the administrator or casework supervisor; and

(4) A change in the services provided to children and families or in the population served.

(c) When an unplanned change occurs, the child-placing agency shall provide written notification to DCYF no more than 30 days after its occurrence.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.21)

N.H. Code Admin. R. Ann. He-C 6448.23 Professional Courtesy {#sec-he-c-6448.23 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.23}

A child-placing agency may request use of an appropriate and available licensed foster family home of another licensed child-placing agency as needed for a specific child or children.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.22)

N.H. Code Admin. R. Ann. He-C 6448.24 Applications by Employees of Child-Placing Agency to Adopt or Obtain a Foster Family Home License. {#sec-he-c-6448.24 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.24}

Persons employed by a child-placing agency who wish to adopt or obtain a foster family home license shall:

(a) Apply, pursuant to He-C 6446.03- He-C 6446.12, to a licensed child-placing agency other than the one where they are employed; and

(b) Receive services from a child-placing agency other than where they are employed.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.23)

N.H. Code Admin. R. Ann. He-C 6448.25 Orders to Comply {#sec-he-c-6448.25 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.25}

(a) The department shall issue a written order to comply if the child-placing agency violates the requirements in He-C 6448 and the violation is not related to the health, safety, or well-being of the child in care.

(b) The written order to comply shall:

(1) Specify the requirements of He-C 6448 alleged to have been violated by the child-placing agency;

(2) Advise that the child-placing agency has 60 days from the date of the order to comply to correct the violation(s); and

(3) Specify the action the department will take with regard to the license if the child-placing agency fails to correct the alleged violations specified in the order to comply.

(c) Following receipt of the order to comply, the child-placing agency shall jointly with the department develop a corrective action plan to correct the violations(s).

(d) The child-placing agency shall not accept any additional children in care, children for respite care, or children in a pre-adoptive placement:

(1) Prior to the development of a corrective action plan;

(2) After receiving an order to comply as specified in (c) above; or

(3) During an ongoing investigation of alleged child abuse or neglect.

(e) The department shall revoke the license or permit of the child-placing agency if the alleged violations specified in the order to comply are not corrected within 14 calendar days of the date of the order to comply following notice and an opportunity for a hearing as provided in He-C 200 and RSA 170-E:36.

(f) If the violations specified in the written notice present a risk to the health or safety of any child in care, the department shall immediately, with any court approval required by law, remove the child in care from the foster home or pre-adopt home without issuing an order to comply.

(g) If a report of child abuse or neglect has been founded against a foster or pre-adopt parent while the child was placed with the family, the department shall revoke a permit or license without issuing an order to comply, if the department’s investigation finds that the child-placing agency:

(1) Had knowledge of the allegation and did not report it to the department in accordance with RSA 169-C;

(2) Did not take appropriate action to protect the health or safety of the child in care;

(3) Interferes or is uncooperative with the investigation; or

(4) Has violated the standards set forth in law or rule.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.24)

N.H. Code Admin. R. Ann. He-C 6448.26 Denials and Revocations {#sec-he-c-6448.26 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.26}

(a) In addition to the reasons for denial specified in RSA 170-E:35, the department shall deny an application for a child-placing agency license if the child-placing agency applicant:

(1) Does not fully comply with the child-placing agency licensing requirements in He-C 6448;

(2) Furnishes false information, makes false or misleading statements, or omits information in statements or submissions to the department when such actions impact credibility of the child-placing agency and safety of the children in care;

(3) Had a child-placing agency license revoked;

(4) From the information provided pursuant to He-C 6448 presents a set of qualifications which, when taken as a whole, does not affirmatively show a commitment to the purposes of child-placing agency;

(5) Violates the provisions of the license;

(6) Refuses to submit or make available the written reports required for licensing or re-licensing in accordance with He-C 6448.06, He-C 6448.07, He-C 6448.20, and He-C 6448.21;

(7) Refuses or does not submit to a child abuse and neglect report investigation;

(8) Refuses or does not admit authorized personnel for the purpose of a complaint investigation;

(9) Does not work cooperatively with DCYF and acts in a manner which endangers the health, safety and welfare of the child; or

(10) Has unresolved, substantiated, written complaints from consumers or others regarding inadequate provision of service.

(b) When the department revokes, denies, or refuses to renew a license to operate a child-placing agency the department shall, pursuant to RSA 170-E:36, I, send to the applicant, or licensee, by registered mail, a notice which sets forth the reasons for the determination.

(c) Pursuant to RSA 170-E:36, I, the denial or revocation shall become final 10 days after receipt of the notice unless the applicant or licensee requests a hearing pursuant to He-C 6448.28.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.25)

N.H. Code Admin. R. Ann. He-C 6448.27 Waivers {#sec-he-c-6448.27 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.27}

(a) To obtain a waiver a child-placing agency applicant or licensed child-placing agency shall submit a written request to the department.

(b) Waiver requests shall include:

(1) The specific rule for which a waiver is requested;

(2) The anticipated length of time the waiver will be needed;

(3) The reason for requesting the waiver;

(4) How the waiver will affect the client services provided;

(5) A written plan detailing how the alternative will satisfy the objective and intent of the rule by maintaining the provision of services and quality of care without negatively impacting the health or safety of the individual(s); and

(6) The signature of the person requesting the waiver.

(c) The department shall not accept any request for a waiver of any of the provisions of RSA 170-E, any other statute referred to in this part, or rules of any other state agency.

(d) A request for a waiver shall be granted after the commissioner determines that the alternative proposed by the applicant or licensee meets the objective or intent of the rule, and:

(1) Does not negatively impact the health, safety, and welfare of the child in placement; or

(2) Is administrative in nature and does not effect the quality of care.

(e) The department shall deny a waiver when any of the following occurs:

(1) The request does not comply with (a)-(c) above;

(2) The department finds that approval of the requested waiver will jeopardize the health or provision of quality services to children and families; and

(3) The department finds that the compliance plan does not satisfy the intent of He-C 6448.

(f) DCYF shall make recommendations for waivers to He-C 6448 to the commissioner or designee.

(g) All waivers shall be reviewed, pursuant to this section upon a child-placing agency’s renewal according to He-C 6448.20.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.26)

N.H. Code Admin. R. Ann. He-C 6448.28 Appeals {#sec-he-c-6448.28 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6448.28}

(a) Pursuant to RSA 170-E:36, II, any applicant or licensee aggrieved by a decision of the department to revoke, deny, or refuse to renew a license request may appeal to the commissioner through the hearing process established by He-C 200.

(b) Pursuant to RSA 170-E:36, IV, rehearings, and appeals from a decision of the hearings officer shall be in accordance with He-C 200.

(c) Pursuant to RSA 170-E:37, any person aggrieved by a decision rendered after a hearing held or an appeal brought under RSA 170-E:36, IV, may appeal the decision to the superior court.

History

#7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19
#12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.27)

Chapter He-C 6900 Child Care Program

N.H. Code Admin. R. Ann. He-C 6910.01 Purpose {#sec-he-c-6910.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.01}

The purpose of this part is for the department of health and human services (DHHS), through the division of economic stability (DES), to:

(a) Establish the eligibility criteria for DHHS’s 12-month employment-related child care scholarship program, which enables families to prepare for, secure, or maintain employment, and to support healthy child development for those families who meet, and continue to meet, the eligibility requirements of He-C 6910; and

(b) Establish the payment amounts for the employment-related child care scholarship.

History

#7357, eff 9-1-00; ss by #7723, eff 7-1-02; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.02 Scope {#sec-he-c-6910.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.02}

(a) This part shall apply to families in need of child care scholarship and who are receiving financial assistance from DHHS under the temporary assistance to needy families (TANF) program, as described in He-W 602.06, or whose monthly gross income is at or below 85% of state median income (SMI).

(b) The scholarship payments established pursuant to He-C 6910 shall be contingent upon the availability and continued appropriation of sufficient funds for this purpose, and in no event shall DHHS be liable for any payments hereunder in excess of such available appropriated funds.

History

#7357, eff 9-1-00; ss by #7723, eff 7-1-02; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.03 Definitions {#sec-he-c-6910.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.03}

(a) “Applicant” means an individual who has a biological child, adoptive child, or is a foster parent, stepparent, legal guardian, or caretaker relative to a child, who applies for child care scholarship.

(b) “Assistance group” means the individuals who are residing in the same household, whose needs and income are considered and combined together when determining eligibility and the amount of financial assistance for child care scholarship.

(c) “Authorized service level” means full-time, half-time, or part-time service level based on the number of hours of child care per week needed for the parent to participate in an approved employment-related activity, plus commute time, pursuant to He-C 6910.07(m).

(d) “Caretaker relative” means a specified relative as defined in RSA 167:78, III, namely, “a specified relative, other than a parent, who provides care and parental control to a dependent child."

(e) “Child care” means the act of providing supervision, food, activity, and rest for a child, by someone other than the child’s parent, caretaker relative, or legal guardian, for any portion of the day in preparing for, securing, or maintaining employment or employment-related education or training.

(f) “Child care scholarship” means payment to a provider of child care services on behalf of a family who meets all of the eligibility criteria in He-C 6910.

(g) “Child experiencing a disability or significant special need” means a child, under 18 years of age, who has a verified medical, physical, developmental, educational, or emotional disability or significant special need, as confirmed by He-C 6910.09(j), requiring additional funds for accommodation or classroom adaptation in the child care setting.

(h) “Children experiencing homelessness” means children who lack a fixed, regular, and adequate nighttime residence, as described in the McKinney-Vento Homeless Assistance Act of 1987, as reauthorized in 2015, which includes:

(1) Children who are:

a. Sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;

b. Living in motels, hotels, manufactured housing communities, or camping grounds due to the lack of adequate alternative accommodations;

c. Living in emergency or transitional shelters; or

d. Abandoned in hospitals;

(2) Children who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

(3) Children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar setting; or

(4) Migratory children as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1995 who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in (1)-(3) above.

(i) “Collateral Contact” means a conversation by telephone or email with an individual who can verify the applicant’s income and unearned income.

(j) “Commute time” means one hour for each day in a week during which the parent travels for active participation to and from an employment-related activity, as described in He-C 6910.07(f).

(k) “Continued assistance” means a period of continued eligibility for up to 92 calendar days following the termination of an approved employment-related activity as described in He-C 6910.07(f)(1), (3)-(6) to allow a parent to engage in another approved employment-related activity.

(l) “Cost share” means a DHHS-determined portion of the standard weekly rate charged as a fee to parents, for child care services provided, based on family size and income, pursuant to He-C 6910.18.

(m) “Department” or “DHHS” means the department of health and human services for the state of New Hampshire.

(n) “District office (DO)” means one of the New Hampshire regional offices where families can apply for child care scholarship provided by DHHS.

(o) “Eligibility period” means the time for which a family is determined eligible to receive child care scholarship.

(p) “Employment-related activities” means participation in an approved activity that is designed to assist parents to enter, re-enter, or remain in the workforce, as described in He-C 6910.07(f).

(q) “Enrolled child care provider” means a child care provider who has met the qualifications and requirements found in He-C 6914 and is authorized to receive payment from DHHS for child care services provided. The term includes the definition of “registered provider” as used in RSA 170-E:6-a, and “provider”.

(r) “Expedited child care” means an accelerated eligibility determination for child care scholarship, utilizing an enrolled child care provider as defined in (p) above, for any applicant who meets the definition of homelessness in section 725(2) of the McKinney-Vento Homeless Assistance Act of 1987, as reauthorized in 2015.

(s) “Family” means the children and adults who reside in the same household and who have a birth, foster, step, adoptive, legal guardianship, or caretaker relative relationship.

(t) “Family assistance program recipient” means an individual receiving financial assistance under the family assistance program, pursuant to RSA 167:84.

(t) “Family cap amount” means the maximum cost share amount for the eligibility period, determined at initial eligibility or at redetermination, pursuant to He-C 6910.18.

(v) “Federal poverty guidelines (FPG)” means poverty guidelines, published annually in the Federal Register by the secretary of the United States (US) department of health and human services, which are used as an eligibility criterion for community services block grant programs.

(w) “Foster parent” means an individual who has a license or permit for foster family care, pursuant to He-C 6446.

(x) “Fraud” means “fraud” as defined in RSA 167:58, IV.

(y) “Full-time” means the parent(s) participates in an approved employment-related activity, as described in He-C 6910.07(f), for greater than 30 hours per week.

(z) “Full-time override” means a system change from half-time, as defined in (aa) below, to full-time, as defined in (y) above, for eligible children 79 months of age or older whose parent(s) participates in an approved employment-related activity full-time, during school vacations, and summer vacation.

(aa) “Half-time” means the parent(s) participates in an approved employment-related activity, as described in He-C 6910.07(f), for greater than 15 hours and less than or equal to 30 hours per week.

(ab) “Job search” means a 92-calendar day period granted at initial eligibility or redetermination, during which a parent is actively seeking employment or another employment-related activity, as described in He-C 6910.07(f).

(ac) “Legal guardian” means an individual who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of a child.

(ad) “Licensed” means the child care provider has been issued a child care license to operate by the commissioner of DHHS, in accordance with RSA 170-E, or has been issued a license to legally operate as a child care provider in accordance with the child care licensing requirements of a state neighboring New Hampshire.

(ae) “Licensed professional” means one of the following: attending physician, physician’s assistant, advance practice registered nurse, licensed mental health professional, licensed behavioral health professional, licensed alcohol and drug counselor, certified recovery support worker, or board certified psychologist.

(af) “License-exempt” means a child care provider is not required to be licensed, in accordance with RSA 170-E:3, I (a), (b), (c), (f), (g), and (h), or is not required to be licensed, but can legally operate as a child care provider in accordance with the regulations of a state neighboring New Hampshire.

(ag) “McKinney-Vento Homeless Assistance Act” means the McKinney-Vento Homeless Assistance Act, 42 USC 11301 (1987), as reauthorized in 2015.

(ah) “Monthly gross income” means total monthly monies received before taxes and other deductions are applied.

(ai) “NHEP participant” means an individual who is enrolled in the New Hampshire employment program (NHEP) work program and is receiving TANF financial assistance.

(aj) “New Hampshire employment program (NHEP)” means the program administered by DHHS, in accordance with RSA 167:78 through RSA 167:92.

(ak) “Notification” means a written, printed, or electronic document that advises:

(1) Families of:

a. The results of eligibility determinations; and

b. Other changes in child care scholarship; or

(2) Providers of:

a. Changes to a family’s child care scholarship, as applicable;

b. The maintenance of the provider’s enrollment status; and

c. Other information related to the provider’s compliance with these rules.

(al) “Parent” means an individual who has a birth, adoptive, or stepparent relationship to a child, a foster parent as defined in (w) above, a legal guardian as defined in (ac) above, or a caretaker relative as defined in (d) above.

(am) “Parent with a disability” means a parent who is unable to participate in employment-related activities or unable to care for and supervise their child because of a verified physical or mental condition, disease, or a combination of these conditions.

(an) “Part-time” means the parent(s) participates in an approved employment-related activity, as described in He-C 6910.07(f), for one hour to less than or equal to 15 hours per week.

(ao) “Recipient” means a member of a family, who meets eligibility requirements for child care scholarship from DHHS, pursuant to He-C 6910.

(ap) “Redetermination” means an annually scheduled review of an assistance group’s eligibility for child care scholarship and includes verification of all aspects of eligibility, pursuant to He-C 6910.15.

(aq) “Satisfactory progress” means meeting the minimum standards set by an organization, an agency, or an educational or training facility, which measures the participant’s:

(1) Proficiency level in an activity; and

(2) Ability to complete the activity in a timely manner.

(ar) “Self-employed” means an individual who earns income directly from their own business, trade, or profession, rather than a specified salary or wages from an employer.

(as) “Standard weekly rate” means a DHHS-determined rate used to calculate child care scholarship payments to enrolled child care providers and cost share amounts for families.

(at) “State median income (SMI)” means an annual income figure calculated by the United States Census Bureau representing the point in which there are as many families earning more than a specific amount as there are earning less than that amount.

(au) “Temporary assistance to needy families (TANF)”, as defined in He-W 601.04, means the financial and medical assistance provided under the New Hampshire employment program (NHEP), family assistance program (FAP), families with older children (FWOC) program, and the interim disabled parent (IDP) program.

(av) “Termination” means the discontinuance of child care scholarship received by an assistance group when the conditions of eligibility for receipt of the assistance are no longer met.

(aw) “Waitlist” means a prioritized list of children determined eligible for child care scholarship who are waiting for funding to become available to receive child care scholarship.

History

#7357, eff 9-1-00; amd by #7484, eff 4-28-01; ss and moved by #7723, eff 7-1-02 (from He-C 6910.02); amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10565, eff 4-4-14; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.04 Application for Child Care Scholarship {#sec-he-c-6910.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.04}

(a) All applicants requesting child care scholarship shall submit to the DO a signed and dated application for assistance, either on paper, via telephone, or electronically, in accordance with He-W 600.

(b) In addition to submitting a completed application as referenced in (a) above, the applicant shall provide the following information as verification as required pursuant to He-C 6910.09:

(1) For each member of the assistance group:

a. Full name, including maiden name, if applicable, and any other names used previously;

b. Social security number, if the applicant chooses to provide it;

c. Current physical address and mailing address, if different; and

d. The total amount of gross income from all sources, or net income if self-employed, as described in He-C 6910.06;

(2) A description of the current household composition, such as whether the family lives independently, or with a relative(s) or others, is homeless, or if the child is a foster child;

(3) The telephone number(s) at which the applicant can be reached;

(4) The reason for requesting assistance at the time the application is made; and

(5) The date and US citizenship status of each child in the assistance group for whom the applicant is requesting child care scholarship.

(d) The applicant shall indicate at the time of application the current child care arrangements, if any, including:

(1) The name of the provider;

(2) The cost of child care; and

(3) Whether the provider is licensed or license-exempt.

(e) The application for child care scholarship shall be signed, dated, and submitted in accordance with RSA 167:8.

(f) The applicant shall provide all verification required by He-C 6910.09 prior to being determined eligible for child care scholarship.

(g) If the applicant provides all required verification pursuant to He-C 6910.09 within 30 days of the date the DO receives the application and meets the eligibility requirements, the applicant shall be eligible for child care scholarship for 12 months, as described in He-C 6910.10.

(h) If the applicant does not provide all verification pursuant to He-C 6910.09 within 30 days of the date the DO receives the application, the child care scholarship application shall be denied and the applicant shall be required to submit a new application and participate in another interview, as described in He-W 636.01, in order to determine eligibility.

History

#7357, eff 9-1-00; ss and moved by #7723, eff 7-1-02 (from He-C 6910.03); (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.05 Application for Expedited Child Care {#sec-he-c-6910.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.05}

An applicant experiencing homelessness as defined in the McKinney-Vento Homeless Assistance Act of 1987, as reauthorized in 2015, shall be eligible to receive expedited child care scholarship within 7 calendar days of the date that the DO receives the application if the applicant:

(a) Provides the DO with a completed application, including the parent’s full legal name, mailing address or other means of contact, and the parent’s dated signature;

(b) Specifies an enrolled child care provider currently enrolled with DHHS;

(c) Has not previously had expedited child care terminated due to failure to provide required verification, unless the applicant has, since the termination, provided all required verification and been determined eligible; and

(d) Is participating in an employment-related activity as described in He-C 6910.07(f).

History

#12221, eff 7-10-17; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.06 Financial Eligibility Requirements {#sec-he-c-6910.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.06}

(a) To be financially eligible for child care scholarship, a family shall meet at least one of the requirements set forth in (1)–(4) below:

(1) Be receiving TANF financial assistance from DHHS, whether participating in NHEP in accordance with He-W 637.03, or exempt from participation in NHEP in accordance with He-W 637.04;

(2) Be receiving TANF-related medical assistance as described in RSA 167:82, VI;

(3) Be participating in NHEP and have applied for, but not yet been approved for, TANF financial assistance; or

(4) Meet the gross income limit described in (b) below.

(b) Families shall be determined income eligible for child care scholarship at application if their monthly gross income for the appropriate family size does not exceed 85% of SMI as calculated annually by the United States Census Bureau.

(c) All sources of gross income shall be counted when determining financial eligibility and family cost share for child care scholarship, except those specified below:

(1) The income of any grandparent, when 3 generations are living in one household;

(2) Child foster care payments;

(3) Adoption subsidies;

(4) Any educational assistance, student loans, or scholarships used to cover educational expenses, such as tuition and mandatory fees, books, and school-related travel;

(5) The income of a caretaker relative or a legal guardian and the legal guardian’s spouse, unless the caretaker relative or legal guardian is also applying for child care assistance for the legal guardian’s own child, in which case the legal guardian’s income and the income of the legal guardian’s spouse shall count in the determination of eligibility for all of the children;

(6) Money received from AmeriCorps Volunteers in Service to America (VISTA);

(7) Earned income from a dependent child, as defined in He-W 601.03, who is a full-time student attending primary or secondary school, or equivalent, pursuant to RSA 167:80, IV(b);

(8) Supplemental Security Income (SSI), when the recipient of the SSI benefit is a dependent child, as defined in He-W 601.03; and

(9) TANF financial assistance payments.

(d) For self-employment, countable income to determine eligibility shall be the net monthly income from the business activities, after deducting any incurred business expenses allowable by the US Internal Revenue Service (IRS).

(e) Monthly gross income shall be determined in accordance with He-W 744.01, or in accordance with He-W 744.03 for fluctuating income.

(f) Resources, as defined in He-W 601.07, including both personal and real property, shall not be counted when determining financial eligibility and family cost share for child care scholarship, unless the total countable resources exceed one million dollars in assets.

(g) Fluctuating income shall be identified and calculated as:

(1) Earned income that is averaged when it varies from month-to-month, such as when an individual works varying hours, overtime, or on a piece-work basis;

(2) Unearned income that is averaged when it varies from month-to-month, such as child support, alimony, disability payments, or other sources of unearned income due to changes in the frequency or amount of receipt; or

(3) Earned income that is annualized when:

a. The parent indicates that the current income does not reflect the total assistance group’s income for the next 12-month period;

b. The assistance group’s income varies from season to season, such as when an individual works different employment in the winter months than to the summer months; or

c. The parent is self-employed.

(h) Countable income, pursuant to He-C 6910.06(d), shall be determined at the initial application and converted to a monthly amount by:

(1) Averaging income using 4 current consecutive weeks, pursuant to He-W 744.03(e);

(2) Annualizing the earned income of the previous 12-month period when such income represents a best estimate of future income; or

(3) Annualizing the projected earnings of the applicant for the next 12-month period as verified according to He-C 6910.09(g).

(i) Income that is annualized at initial application shall determine the family cap amount and shall not be recalculated during the 12-month eligibility period, except when the recipient verifies a permanent job loss.

History

#7357, eff 9-1-00; ss and moved by #7723, eff 7-1-02 (from He-C 6910.04); amd by #7939, eff 8-23-03; amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17 (from He-C 6910.05); ss by #13063, eff 7-1-20; ss by #13309, ff 12-17-21; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.07 Non-Financial Eligibility Requirements {#sec-he-c-6910.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.07}

(a) To be eligible for child care scholarship, the child shall be a member of the assistance group for which the applicant is seeking child care scholarship.

(b) Each child for whom child care scholarship is requested shall be:

(1) A resident of the state of New Hampshire, except for children of migrant workers who are experiencing homelessness because they are living in circumstances as described in He-C 6910.03(h);

(2) A US citizen or a non-citizen who meets the criteria for non-citizenship as described in He-C 6910.09(c)(2);

(3) Less than 13 years of age, except when the child meets the criteria described in (e) below; and

(4) Linked to only one enrolled provider.

(c) A child who turns 13 years of age during the assistance group’s eligibility period shall remain eligible until the assistance group’s next redetermination, at which time eligibility for the child shall end.

(d) A child who is 12 years of age at the time of application, but who turns 13 years of age prior to the eligibility period start date, as described in He-C 6910.10(f), shall not be eligible for child care scholarship.

(e) A child age 13 or older shall not be eligible for child care scholarship, except when the child is experiencing a verified disability or significant special need as defined in He-C 6910.03(g) and verified in accordance with He-C 6910.09(j)(3).

(f) Each applicant parent requesting child care scholarship shall be engaged in one or more of the following:

(1) Employment where an applicant parent is receiving any form of earned income or in-kind compensation for their work;

(2) Job search where an applicant parent is:

a. In compliance with NHEP, pursuant to He-W 637.05;

b. Registered with the New Hampshire department of employment security job match system;

c. In compliance with New Hampshire’s requirements for receipt of unemployment compensation benefits; or

d. Actively seeking employment independently, as documented by the applicant parent on BCDHSC Form 2693 “New Hampshire Child Care Scholarship Program Job Search Activity Verification Form,” (October 2023), pursuant to He-C 6910.09(q)(4).

(3) A training or educational program which is preparatory to employment, including an online training or educational program, subject to the limitations found in He-C 6910.13(d);

(4) A basic educational activity, as described in He-C 6910.13(f);

(5) One or more approved NHEP activities indicated on an NHEP employability plan, as described in He-W 637; or

(6) A mental health treatment program, a substance misuse treatment program, or both, as a recipient of NHEP or FAP financial assistance, pursuant to RSA 167:83, II(q).

(g) The job search in (f)(2) above, shall be authorized for up to 92 calendar days. If job search is the only activity the parent engages in prior to the end of the 92 calendar days, child care scholarship eligibility shall terminate after the 92nd day.

(h) Additional hours towards the family’s service level shall be available to parents participating in an approved employment-related activity and seeking housing, who are without permanent housing as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act of 1987, as reauthorized in 2015, subject to the verification requirements of He-C 6910.09(w).

(i) To be eligible for child care scholarship when both parents reside with the child, the following shall apply:

(1) Both parents shall comply with (f) above; or

(2) One parent shall comply with (f) above and the other shall qualify as a parent with a disability in accordance with He-C 6910.09(k).

(j) Two adults residing in the same household, regardless of marital status, who share a common child, shall be counted as one assistance group, along with all other children who have a biological, foster, step, or adoptive relationship with each other and either adult.

(k) When an individual is a license-exempt in-home child care provider as defined in He-C 6917.03(k), the individual’s own child shall not be eligible for child care scholarship if:

(1) The individual cares for their own child; or

(2) The individual’s child is cared for by another license-exempt in-home child care provider as defined in He-C 6917.03(k).

(l) An individual who is a license-exempt in-home child care provider as defined in He-C 6917.03(k) shall be eligible to receive child care scholarship for the care of the individual’s own child if the child attends any of the following types of child care programs:

(1) A licensed family day care home, as defined in RSA 170-E:2, IV(a);

(2) A licensed family group day care home, as defined in RSA 170-E:2, IV(b);

(3) A licensed group child day care center, as defined in RSA 170-E:2, IV(c); or

(4) A license-exempt facility-based program, as defined in He-C 6916.03(j), unless the child is under 6 years of age, pursuant to RSA 170-E:2, XI-a.

(m) A child’s authorized service level shall be based on the number of hours per week child care is needed as determined by:

(1) The number of hours per week the parent is engaged in an approved employment-related activity; and

(2) The number of hours of commute time per week, equal to no more than one hour per day multiplied by the number of days per week that the parent is engaged in an employment-related activity.

(n) For employed parents, the numbers of hours per week shall be calculated by taking the highest amount of hours worked during any week for which the department averaged the parent’s income, pursuant to He-C 6910.06(h)(1), and rounding up to the next whole number.

(o) For self-employed parents, the authorized service level shall be based on the number of hours per week child care is needed as determined by:

(1) The number of hours the parent reports for self-employment when the parent has been continuously self-employed for less than 2 years; or

(2) Calculating self-employment hours when the individual has been continuously self-employed for 2 years or more, as follows:

a. Dividing the monthly income as described in He-C 6910.06(d) by 4.33 weeks to establish weekly income, dividing this weekly income by the federal minimum wage, and rounding up to the next whole number in order to establish the average number of hours of self-employment per week; and

b. The number of hours of commute time per week equal to one hour per day multiplied by the number of days per week that the parent is participating in self-employment.

(p) The authorized service level shall be based on the calculation in (m), (n), and (o) above and applied as follows:

(1) For full-time authorized service level, the number of hours shall be greater than 30 hours;

(2) For half-time authorized service level, the number of hours shall be greater than 15 and less than or equal to 30; or

(3) For part-time authorized service level, the number of hours shall be between one and less than or equal to 15 hours.

(q) For 2-parent households eligible to receive child care scholarship, the authorized service level shall be calculated based upon the lowest number of hours that either parent participates in an approved employment–related activity, as described in He-C 6910.07(f).

(r) Child care scholarship shall not be paid for a child under 6 years of age, when cared for in a license-exempt child care center program, pursuant to RSA 170-E:2, XI-a.

(s) A legal guardian or caretaker relative and the legal guardian or caretaker relative’s spouse shall be required to be engaged in at least one activity described in (f)(1)-(6) above, or one individual shall comply with (f) above and the other individual shall qualify as a parent with a disability, in accordance with He-C 6910.09(k).

(t) An individual registered with a temporary employment agency shall be considered employed so long as the individual earns one payment within 10 calendar days of an employment assignment.

History

#7357, eff 9-1-00; ss and moved by #7723, eff 7-1-02 (from He-C 6910.05); amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; amd by #9665, EMERGENCY RULE, eff 3-1-10, EXPIRES: 8-28-10; ss by #9770-A, eff 8-25-10; ss by #10120, eff 5-7-12; amd by #10565, eff 4-4-14; ss by #10917, eff 9-1-15; ss by #12221, eff 7-10-17 (from He-C 6910.06); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.08 Additional Requirements for Participants of NHEP {#sec-he-c-6910.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.08}

(a) A parent who is participating in NHEP and in compliance with He-W 637 shall be eligible for child care scholarship.

(b) If the parent becomes noncompliant with the NHEP requirements, the parent shall be granted continued assistance for up to 92 calendar days, pursuant to He-C 6910.10(m).

(c) A parent participating in training and education as a part of their approved NHEP activities, pursuant to He-W 637.22, shall be eligible for child care scholarship for a total of 104 weeks in a lifetime.

(d) If the 104-week lifetime limit in (c) above is reached within the family’s eligibility period, the family shall remain eligible under training or education until their next redetermination, at which time the parent(s) shall be required to engage in another approved employment-related activity besides training or education, as listed in He-C 6910.07(f)(1), (2), (4)-(6).

History

#7357, eff 9-1-00; ss and moved by #7723, eff 7-1-02 (from He-C 6910.06); (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; ss by #12221, eff 7-10-17 (from He-C 6910.07); ss by #13063, eff 7-1-20;l ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.09 Verification Requirements {#sec-he-c-6910.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.09}

In order for an application to be approved, the applicant shall provide DHHS with verification of eligibility requirements within 30 days of the application date as follows:

(a) The name of each member of the assistance group shall be verified by one or more of the following documents:

(1) The individual’s birth certificate;

(2) The individual’s marriage certificate;

(3) The individual’s divorce decree, if the name to be used is changed subsequent to a divorce;

(4) The individual’s driver’s license or other identification which contains a picture of the individual; or

(5) If the individual has had a legal name change, the court documentation showing the legal name of the individual and the date the name change took effect;

(b) The date and place of birth of each child in the assistance group for which the parent is requesting child care scholarship shall be verified by one or more of the following documents:

(1) The child’s birth certificate;

(2) The child’s baptismal certificate; or

(3) The child’s US passport;

(c) When a child was not born in the US but has either become a US citizen or been lawfully admitted to the US, the child’s birth record and one or more of the following documents shall be submitted to verify date and place of birth and citizenship status:

(1) The child’s certificate of citizenship or naturalization; or

(2) The following US Citizenship and Immigration Services (USCIS) forms or documentation:

a. USCIS Form I-551, Permanent Resident card;

b. USCIS Form I-327, Re-entry Permit;

c. USCIS Form I-94, Arrival Departure Record, stating that the child has been admitted to the US as a refugee under Section 207(c) of the Immigration and Nationality Act;

d. USCIS Form I-94, Arrival Departure Record, stating that the child has been admitted to the US as an asylee under Section 208 of the Immigration and Nationality Act; or

e. Documentation from USCIS that the child has lawful temporary or permanent resident status under Section 201 or 302 of the Immigration Reform and Control Act;

(d) The relationship of the parents in the assistance group to the child in the assistance group shall be verified by one or more of the following:

(1) The child’s birth certificate containing the names of the child’s parents;

(2) The parent’s birth certificate;

(3) A marriage certificate containing the names of the parties who were married, including any maiden or previous names used;

(4) Any additional birth, adoption, or marriage records necessary to show the relationship of the child to the parents in the assistance group;

(5) For a legal guardian, the court documentation indicating the relationship of the adult to the child as that of a legal guardian; or

(6) For a caretaker relative, one or more of the following documents:

a. A court order giving the caretaker relative the duty of care, custody, and supervision of the child;

b. A document showing power of attorney for the child by the caretaker relative with whom the child lives; or

c. A statement from the child’s biological or adoptive parent that the caretaker relative is the individual who shall provide care and supervision for the child on the parent’s behalf;

(e) To verify a current address, any of the following verifications which show the address of the family shall be acceptable:

(1) Rental receipts;

(2) Utility bills;

(3) A statement from the current landlord;

(4) An unexpired lease or rental agreement; or

(5) If the home is owned, the deed or mortgage statements;

(f) Self-attestation shall be an acceptable form of verification for children of migrant workers experiencing homelessness because they are living in circumstances described in He-C 6910.03(h);

(g) Monthly gross income of each member of the assistance group shall be verified in accordance with He-W 744.01 or He-W 744.03, or as follows:

(1) For self-employment, the parent’s entire IRS tax filing from the previous year if filed, or a complete profit and loss statement for the previous year, as described in He-C 6910.06(d);

(2) Any contributions of monies to the assistance group from any source, verified by a signed statement from the contributor, which indicates the amount, frequency, and expected end date of the contribution, as well as whether the contribution is considered to be a loan or a gift;

(3) For earned income that fluctuates month-to-month according to He-C 6910.06(g)(1), pay stubs, a written statement from the employer stating the average monthly amount earned, or a collateral contact, as defined in He-C 6910.03, with the employer;

(4) For unearned income that fluctuates according to He-C 6910.06(g)(2), a written statement from the contributor, physical documentation, or a collateral contact with the contributor;

(5) For earned income that fluctuates season-to-season according to He-C 6910.06(g)(3)b., either the previous year’s tax return and W-2, a statement from the employer, or a collateral contact with the employer; or

(6) For income that cannot be verified according to (1)-(5) above, and which is anticipated to fluctuate over the next 12-month period, verification shall consist of a statement from the employer identifying an estimate of future earnings during the upcoming 12-months;

(h) The applicant shall attest that the assistance group’s resources, including both personal and real property, do not exceed $1,000,000 dollars in assets. No member of the assistance group shall have, nor shall the combined assets of the assistance group be, equal to or greater than $1,000,000, pursuant to 45 CFR 98.20(a)(2)(ii);

(i) To establish a link between the applicant child and the enrolled child care provider, the parent and the enrolled child care provider shall complete, sign and date, and submit to the DO Form 1863 “Child Care Provider Verification,” (October 2023);

(j) The following verification requirements shall apply for a child experiencing a disability or significant special need requiring additional funds for accommodations or classroom adaption in the child care setting:

(1) The parent shall authorize the release of information to DHHS by completing section III of Form 2690 “Verification for a Child Experiencing a Disability or Significant Special Need,” (October 2023), and by signing and dating the form, affirming the following:

“By signing below, I authorize this verification to be released to the Department of Health and Human Services. I understand that the information will be held in the strictest of confidence and that it will be reviewed by, or shared with, authorized Department of Health and Human Services’ staff involved in the authorization of Child Care and Development Fund Scholarships”; and

(2) The enrolled child care provider shall complete section I of Form 2690, “Verification for a Child Experiencing a Disability or Significant Special Need” (October 2023), including signing and dating the form, certifying the following:

a. “I certify that the child’s disability or special need(s) is significant enough that the child requires additional funds for accommodation or classroom adaptation in the child care setting.”; and

b. “I agree to submit an annual report to DHHS specifying how the monies were spent which include all DHHS requested information necessary for program monitoring”;

(3) A licensed professional shall complete section II of Form 2690, “Verification for a Child Experiencing a Disability or Significant Special Need,” (October 2023), including signing and dating the form, certifying that one of the following is applicable:

a. “I certify that: I am the child’s attending physician, physician’s assistant, advance practice registered nurse, or licensed mental health professional and am providing ongoing treatment; the child’s disability or special need(s) is significant enough that the child requires additional support and/or accommodation in a child care setting; and, if the child is 13 through 17 years of age, the child’s condition limits the child’s ability to care for himself/herself or he/she would cause harm to himself/herself or others without supervision.”; or

b. “I certify that I am a SAU Special Education Director or Area Agency Director and I believe that the child’s disability or special need(s) is significant enough that the child requires additional support and/or accommodation in a child care setting.”.

(k) When a parent in a 2-parent household claims that the parent has a disability, acceptable verification shall be a signed and dated statement from an attending physician, physician assistant (PA), advanced practice registered nurse (APRN), or licensed mental health professional (LMHP) indicating:

(1) The medical condition, disease, or disability of the adult;

(2) The expected duration of the condition, disease, or disability; and

(3) That the parent is unable to work and to care for and supervise the parent’s children because of the specified condition, disease, or disability;

(l) For parents who are NHEP participants and are also in an approved training or educational program, including an online training or educational program, acceptable verification shall be a signed and dated statement from the school or training organization indicating:

(1) The parent is enrolled in the program;

(2) The duration of the program;

(3) The class schedule, including hours of class attendance; and

(4) The program shall lead to a degree, license, or certificate at the bachelor’s level or lower in a specific field of employment;

(m) For parents who are not receiving TANF financial assistance, but who are in an approved training or educational program, as described in He-C 6910.13(d), including an online training or educational program, acceptable verification shall be a signed and dated statement from the school or training organization indicating:

(1) The parent is enrolled in the program;

(2) The duration of the program;

(3) The class schedule, including hours of class attendance; and

(4) The program shall lead to a degree, license, or certificate at the associate’s level or lower in a specific field of employment;

(n) For parents receiving TANF financial assistance and not participating in the NHEP work program, as described in He-C 6910.13(e), acceptable verification of the training program or course of study, including an online training or educational program, shall be a signed and dated statement from the school or training organization indicating:

(1) The requirements in (m)(1), (2), and (3) above; and

(2) That the program shall lead to a degree, license, or certificate at the bachelor’s level or lower in a specific field of employment;

(o) When a parent works at least 4 hours between 10:00 p.m. and 6:00 a.m., acceptable verification shall be a signed and dated statement from the parent’s employer, or, if self-employed, a customer of the parent, stating the hours of the shift that the individual works each week;

(p) If at redetermination a parent is experiencing one of the circumstances in He-C 6910.10(n), the following verification shall be required:

(1) A signed and dated statement from the employer that the parent is still employed and will be able to return to work following the medical leave, seasonal break in employment, or other temporary absence in accordance with 45 CFR 98.21(a)(1)(ii);

(2) Proof of registration for the following semester, or a signed and dated statement from the institution where the parent attends the training or educational program, stating that the parent is still enrolled; or

(3) A signed and dated statement from the mental health or substance misuse treatment program indicating that the parent is on a temporary absence from the program, but is still considered to be enrolled, if the parent is an NHEP or FAP recipient;

(q) When a parent is participating in job search at initial application or at redetermination, acceptable verification shall be:

(1) Proof of receipt of unemployment compensation benefits;

(2) A personal summary page from the NH department of employment security’s job match;

(3) The verifications described in He-W 637.03(g) for participants in the NHEP work program; or

(4) A completed BCDHSC Form 2693 “New Hampshire Child Care Scholarship Program Job Search Activity Verification Form,” (October 2023), if the parent is actively seeking employment independently;

(r) When a parent has a permanent job loss, acceptable verification shall be:

(1) A signed and dated notice of termination from the employer;

(2) Any other signed and dated verification from the employer that the parent is no longer employed; or

(3) Collateral contact with the employer;

(s) The verification listed in (r) above shall include all of the following:

(1) That the parent is no longer employed;

(2) The last date the parent worked;

(3) The date of termination;

(4) The reason for termination;

(5) The parent’s final pay date; and

(6) The parent’s final 4 weeks’ gross pay;

(t) In order for the assistance group’s cost share to be recalculated during the eligibility period, the family shall verify any loss of employment or other income that results from the termination of the approved employment-related activities listed in He-C 6910.07(f);

(u) When a parent applying for expedited child care scholarship is experiencing homelessness as defined in the McKinney-Vento Homeless Assistance Act of 1987, as reauthorized in 2015, acceptable verification shall be a self-attestation from the parent that the family is experiencing homelessness;

(v) A parent may request additional hours towards their service level if they are participating in an employment-related activity as described in He-C 6910.07(f), experiencing homelessness, and seeking housing in the same week;

(w) When a parent meets the criteria in (v) above, acceptable verification for eligibility of additional hours towards their service level shall be a self-attestation stating that the parent is experiencing homelessness and documentation indicating how many hours per week the parent is seeking housing;

(x) For individuals who did not find an enrolled child care provider within 30 days when seeking child care through a child care resource and referral agency pursuant to He-C 6910.10(q)(1), acceptable verification shall be a letter from the child care resource and referral agency stating that the parent has been working with the referral agency staff and child care has not been identified for the specified child;

(y) When a child or parent has had an in-patient hospital stay within the past 30 days as described in He-C 6910.10(q)(2), acceptable verification of the in-patient hospital stay shall be the discharge statement, hospital record, or a statement from the attending physician;

(z) When a parent is engaged in an employment-related training or educational activity, as described in He-C 6910.07(f)(3), acceptable verification of satisfactory progress shall be a report card or signed and dated statement from the organization or agency, or the educational or training facility, indicating that the parent is making satisfactory progress as defined in He-C 6910.03(ap);

(aa) The following verification requirements shall apply to a parent receiving NHEP or FAP financial assistance while participating in a mental health or substance misuse treatment program:

(1) The parent shall certify participation in an approved mental health treatment program or substance misuse treatment program and authorize the release of information to DHHS by completing, signing, and dating section I of Form 2691 “Verification Individual Participation in a Mental Health or Substance Misuse Treatment Program,” (October 2023) affirming the following:

a. “By signing this form, I authorize the release of this information to the Department of Health and Human Services (DHHS). I understand information will be held in strictest confidence and will be reviewed by, or shared with, authorized DHHS staff involved in determining eligibility for the New Hampshire Child Care Scholarship program”; and

(2) A licensed professional shall certify ongoing treatment is being provided by completing, signing, and dating section II of Form 2691 “Verification for Participation in a Mental Health or Substance Misuse Treatment Program,” (October 2023).

(ab) When a parent requests a decrease in service level, pursuant to He-C 6910.16(b)(2), acceptable verification shall be a signed and dated statement from the parent.

History

#7357, eff 9-1-0000; ss and moved by #7723, eff 7-1-02 (from He-C 6910.07); amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; amd by #10120, eff 5-7-12; amd by #10565, eff 4-4-14; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17 (from He-C 68910.08); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.10 Eligibility Determination and Length of Time {#sec-he-c-6910.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.10}

(a) When an application has been made in accordance with He-C 6910.04, and all required verification has been submitted, as described in He-C 6910.09, the DO staff shall make a determination of eligibility for child care scholarship.

(b) If at the time of the initial application interview all required verification has not been received by the DO, the DO staff shall notify the applicant of all outstanding verification.

(c) The notification in (b) above shall state that the applicant shall submit the required verification to the DO staff within 10 calendar days of the date of the notification, or the application shall be denied.

(d) An eligibility determination for child care scholarship shall be made:

(1) Within 30 calendar days of the date the application is received by the DO; or

(2) Within 7 calendar days of the date the application is received by the DO for expedited child care, as described in He-C 6910.05.

(e) Eligibility for expedited child care scholarship shall:

(1) Be applied toward the 12-month eligibility period if the applicant provides all required verification and is determined eligible within the 30-day application timeframe; or

(2) Terminate 30 calendar days after the application date if the applicant fails to provide all required verification within the 30-day application timeframe.

(f) The application date or the child care provider link date on Form 1863 “Child Care Provider Verification” (October 2023), whichever is later, shall be used to determine the:

(1) Effective date of the 12-month eligibility period; and

(2) Effective date of payment for child care scholarship.

(g) Non-financial eligibility for child care scholarship shall be determined by the DO as follows:

(1) Determine the composition of the assistance group, which shall include all of the following individuals residing in the same dwelling:

a. All children under 18 years of age who have a biological, foster, step, or adoptive relationship;

b. All individuals under 20 years of age who have a biological, foster, step, or adoptive relationship who are attending primary or secondary school or equivalent, pursuant to RSA 167:80, IV(b); and

c. Any adult who has a biological, foster, step, adoptive, caretaker relative, or legal guardianship relationship to any child in a. above;

(2) Determine that the applicant is either:

a. Engaged in one of the activities listed in He-C 6910.07(f); or

b. Meets the criteria for a parent with a disability as described in He-C 6910.09(k);

(3) Determine that both parents are engaged in at least one of the activities described in He-C 6910.07(f), if living together and are in the same assistance group; and

(4) Determine that the parent is eligible under He-C 6910.08, if the applicant parent is an NHEP participant.

(h) Financial eligibility for child care scholarship shall be determined by the DO, pursuant to He-C 6910.06(a) as follows:

(1) Determine the family size, which shall be the same number as members in the assistance group;

(2) Calculate the monthly gross income of the assistance group by adding together all assistance group members’ monthly gross earned and unearned income, except for:

a. Income specifically excluded in He-C 6910.06(c); and

b. Self-employment income, which shall be added as net income, as described in He-C 6910.06(d); and

(3) Compare the amount obtained in (2) above, using the appropriate family size as determined in (1) above, to the monthly gross income amount described in He-C 6910.06(b) as follows:

a. If the assistance group’s total monthly gross income does not exceed the monthly gross income amount described in He-C 6910.06(b), then the family shall be determined financially eligible for child care scholarship; or

b. If the assistance group’s total monthly gross income does exceed the monthly gross income amount described in He-C 6910.06(b) for the appropriate family size, the family shall be determined not financially eligible for child care scholarship and the application shall be denied.

(i) If the assistance group meets the non-financial and financial requirements described in (g) and (h) above and in He-C 6910.06 and He-C 6910.07, the application shall be approved and the family shall be eligible for child care scholarship.

(j) Notification shall be provided to the applicant as described in He-C 6910.12 as soon as an eligibility child care determination is made, but no later than 30 days from the date the application was received by the DO.

(k) Notification shall be provided to the applicant as described in He-C 6910.12 as soon as an expedited child care eligibility determination is made, but no later than 7 days from the date the application was received by the DO.

(l) The eligibility period for child care scholarship shall not exceed 12 months.

(m) A parent shall receive up to 92 calendar days of continued assistance when a parent experiences a permanent job loss, cessation of a training or educational program, or stops participating in a mental health or substance misuse treatment program. If the parent does not engage in one of the activities in He-C 6910.07(f)(1), (3)-(6) child care scholarship eligibility shall terminate at the end of 92 calendar days.

(n) A parent shall be considered employed, in a training or educational program, or participating in a mental health or substance misuse treatment program during the current 12-month eligibility period as long as the parent is:

(1) On a time-limited absence from work due to reasons such as an illness or the need to care for a family member;

(2) Experiencing a seasonal break in employment according to regular industry work seasons;

(3) On a student holiday or break from a training or educational activity;

(4) Experiencing any other reduction in work, training or education hours as long as the parent is still working or attending a training or educational program; or

(5) Any other temporary absence that does not exceed 3 months.

(o) A child shall be excluded from the payment for child care scholarship if payment was not made on the child’s behalf for child care services rendered in the previous 60 days or if the child does not meet one of the following:

(1) The citizenship criteria of He-C 6910.07(b)(2);

(2) The age criteria of He-C 6910.07(b)(3) and He-C 6910.07(c); or

(3) A verified disability or significant special need criteria of He-C 6910.07(e).

(p) The family shall have 30 days from the date the application is received by the DO to arrange for child care with an enrolled child care provider and complete and return Form 1863 “Child Care Provider Verification,” (October 2023) pursuant to He-C 6914.

(q) If the family fails to comply with (p) above, the child care application shall be denied, except when DHHS has authorized a one-time 30-day extension for one of the following circumstances:

(1) The family is unable to find child care within 30 days with assistance from a child care resource and referral agency;

(2) The parent or child has an in-patient hospital stay during the 30-day period;

(3) The information or data contained in Form 1863 “Child Care Provider Verification” (October 2023) was incorrect or no data has been entered by DHHS establishing a child care link;

(4) There was an error made by the DO in determining child care eligibility; or

(5) The family’s chosen child care provider has completed the enrollment requirements in accordance with He-C 6914.04 within 30 days, but the provider enrollment determination has not been made according to He-C 6914.04.

(r) Prior to the end of the eligibility period, the family shall request a redetermination of eligibility in accordance with He-C 6910.15 in order to continue to receive child care scholarship.

(s) If the parent is no longer participating in any combination of the employment-related activities listed in He-C 6910.07(f)(1),(3)-(6), the parent shall be granted continued assistance for up to 92 calendar days. Child care eligibility shall terminate at the end of 92 calendar days if the parent does not reengage in one of the employment-related activities listed in He-C 6910.07(f)(1),(3)-(6).

(t) Continued assistance shall be granted when the parent reports the termination of employment, including self-employment, a training or educational program, or a mental health or substance misuse treatment program.

(u) Continued assistance shall not be granted when job search is terminated.

History

#7357, eff 9-1-00; amd by #7484, eff 4-28-01; ss and moved by #7723, eff 7-1-02 (from He-C 6910.08); amd by #8377, eff 6-21-05; ss by #9209, INTERIM, eff 7-19-08, EXPIRED: 1-15-09
#9363, eff 1-17-09; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17 (from He-C 6910.09); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.11 Child Care Assistance Waitlist {#sec-he-c-6910.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.11}

(a) When annual departmental cost projections reflect that available funds will be over-expended for the current fiscal year, a waitlist shall be established, consisting of all families determined eligible for child care scholarship, for the provision of additional child care scholarships.

(b) The following children shall be exempt from the waitlist in (a) above:

(1) Children whose parent applies for employment-related child care scholarship within 92 calendar days of the child’s preventive or protective services closing;

(2) Children in families currently receiving TANF benefits or children whose parent applies for employment-related child care scholarship within 92 calendars days of the parent’s TANF closing; and

(3) Children currently experiencing homelessness as defined in He-C 6910.03(h) or children whose parent applies for employment-related child care scholarship within 92 calendar days of finding housing after experiencing homelessness.

(d) A family shall comply with all eligibility requirements and be determined eligible in accordance with He-C 6910.06, He-C 6910.07, He-C 6910.08, and He-C 6910.10 before being placed on the waitlist.

(e) A family whose child is on the waitlist shall be subject to redetermination of child care scholarship every 12 months.

(f) A family whose child is on the waitlist shall report and verify all changes required by He-C 6910.14.

(g) If a family fails to maintain eligibility status, the child shall be removed from the waitlist and child care scholarship eligibility shall be terminated.

(h) If a child has been removed from the waitlist, pursuant to (g) above, the family shall re-apply and be determined eligible for child care scholarship prior to the child being added back to the child care scholarship waitlist. The new eligibility period begin-date, according to He-C 6910.10(f), shall determine the child’s position on the waitlist.

(i) The waitlist shall be prioritized into the following groups:

(1) The first priority group shall include:

a. Children in families whose monthly gross income is at or below 100% of FPG; and

b. Siblings of children who are members of a currently eligible assistance group with an enrolled child care provider who are actively receiving assistance; and

(2) The second priority group shall include all other children determined eligible for child care scholarship who do not meet the criteria of the first priority group in (1) above.

(j) Eligible children shall be added to the waitlist according to the eligibility period begin-date as described in He-C 6910.10(f).

(k) As funds become available, funds shall be released to offer child care scholarship to children on the waitlist in priority order, as follows:

(1) According to the begin-date of the family’s eligibility period according to He-C 6910.10(f); and

(2) Alternating between:

a. Two children from the first priority group in (i)(1) above; and

b. One child from the second priority group in (i)(2) above.

(l) When child care scholarship becomes available to a child on the waitlist, the parent shall receive notification stating the following:

(1) The date that the child has been released from the waitlist;

(2) The date in (1) above shall be the date that funds are available for payment; and

(3) That no payment shall be made for child care services received prior to the date in (1) above.

History

#7357, eff 9-1-00; ss by #7723, eff 7-1-02; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; amd by #9770-A, eff 8-25-10; ss by #10120, eff 5-7-12; ss by #12221, eff 7-10-17 (from He-c 6910.10); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.12 Notification to Applicants, Recipients, and Providers {#sec-he-c-6910.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.12}

(a) A family shall receive notification whenever child care scholarship is denied, including the reason for the denial.

(b) A family and provider shall receive notification whenever child care scholarship is approved, increased, decreased, redetermined, terminated, when a child is added to or released from the waitlist, or when DHHS establishes or ends the link that controls payments between the child and provider.

(1) The reason for notification, including one or more of the following:

a. A child care scholarship approval;

b. A cost share increase or decrease;

c. A redetermination of eligibility;

d. A termination;

e. An addition to the waitlist;

f. A release from waitlist; or

g. Information relative to whether the child’s link to the child care provider is opening or closing;

(2) Decisions impacting ongoing eligibility, including one or more of the following:

a. Initiation of job search; orb. Initiation of continued assistance;

(3) The eligibility period, for an approval or redetermination;

(4) The proposed effective date of the decrease in assistance or termination;

(5) Each eligible family member’s name and DHHS recipient identification number, which is a uniquely assigned number for each member of the assistance group, if the family is determined eligible;

(6) The family cost share, based on the percent of the assistance group’s monthly gross income and household size, pursuant to He-C 6910.18;

(7) The authorized service level, full-time, half-time, or part-time, for all eligible children;

(8) The right to appeal, in accordance with He-C 6910.19, if the family is aggrieved by the eligibility decision;

(9) The DHHS decision to seek recoupment of an overpayment made to the parent, the provider, or both; and

(10) That funds are now available and the child is released from the waitlist.

(d) Notifications to families in (b) above shall include the following additional information, as applicable:

(1) The maximum income limit for the family size;

(2) The total monthly gross income amount for the assistance group;

(3) The total monthly net income if self-employed; and

(4) The income computation used to determine the eligibility decision.

(e) Families shall receive courtesy letters related to ongoing eligibility as follows:

(1) At 72 days from the start of the job search or continued assistance, information relative to the 92-day limit on job search and continued assistance;

(2) At 30 days and at 60 days of non-billing from the provider, information relative to the termination of the provider’s link between the child and the provider; and

(3) At 84 weeks when an employment-related training or educational program has been used, information relative to the lifetime limit of 104 weeks for employment-related training and educational activities.

(f) When a termination is the result of the parent’s failure to complete the redetermination process, the family shall not receive notification in accordance with this section.

History

#7723, eff 7-1-02 (from He-C 6910.09); amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12 ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.13 Limitation of Child Care Scholarship in Certain Situations {#sec-he-c-6910.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.13}

Insofar as funding and resources allow, child care scholarship shall continue until the family’s next redetermination if the family meets the program requirements of He-C 6910, except as follows:

(a) For families for which a job search activity is approved for one or more parents the following shall apply:

(1) The parent shall be allowed a maximum of 92 calendar days of child care scholarship in order to engage in job search or engage in job search and seek housing in the same week;

(2) Child care scholarship shall terminate at the end of 92 calendar days if the parent or parents in job search have not engaged in one of the activities in He-C 6910.07 (f),(1),(3)-(6);

(3) The parent shall engage in employment, an employment-related training or educational program, NHEP, basic education, or be participating in a mental health or substance misuse treatment program as a recipient of NHEP or FAP before a new job search period shall be granted as a new activity; or

(4) Six months shall lapse between job search activities;

(b) If both parents are engaged in a job search, but began their job searches on different dates, child care scholarship shall terminate upon the 92nd calendar day of the job search period that is reached first, if one or both parents have not engaged in one of the activities in He-C 6910.07(f), (1), (3)-(6) during the job search;

(d) A parent who is not receiving TANF financial assistance shall be eligible for child care scholarship during the training program or course of study when the training or educational program or course of study:

(1) Prepares the parent for employment;

(2) Leads to a degree or certificate in a specific field of employment;

(3) Does not exceed 104 weeks of child care scholarship payment in a lifetime, except that if the 104-week lifetime limit is reached during the eligibility period, the family shall remain eligible under training or education until the next redetermination, at which time each parent will be required to engage in another approved activity, as listed in He-C 6910.07(f), (1), (2), (5), or (6);

(4) Is not a single course apart from a degree or certificate program; and

(5) The program leads to a degree or certificate at the associate’s level or lower;

(e) For the parent receiving TANF financial assistance and not participating in the NHEP work program, the training or educational program:

(1) Shall comply with the requirements in (d)(1)- (4) above; and

(2) Could result in a degree or certificate at the associate’s or bachelor’s level;

(f) Families in which a parent is engaged in basic and alternative educational activities, which lead to a high school diploma or equivalent, or increase literacy levels, shall not be subject to the 104-week lifetime limit for training and educational programs, contingent upon the parent’s ongoing satisfactory progress as defined in He-C 6910.03(aq) in one of the following programs:

(1) High school diploma program;

(2) High School Equivalency Testing (HiSET) program;

(3) Remedial or basic education program; or

(4) English as a second language program;

(g) Families who are participating in work-study or internship and are not receiving TANF financial assistance shall:

(1) Be considered to be employed; and

(2) Have any income received from the work-study or internship counted as part of the assistance group’s monthly gross earned income in the determination of assistance, in accordance with He-C 6910.09(g);

(h) DHHS shall not pay child care scholarship when a parent is participating in a pre-requisite course in preparation for a post-secondary educational or training program, except in the case of a nursing program, in which case the prerequisite courses shall be limited to 2, and shall count towards the 104-week lifetime limit;

(i) If the provider’s link with a specific child is terminated due to non-payment for the dates of child care services rendered within the past 60 days, DHHS shall send notification informing the parent of the termination of the provider’s link between the child and the provider;

(j) When the provider has not billed for services rendered within the past 60 days, the provider shall contact BCDHSC before the provider’s link with the child is reinstated; and

(k) If the provider fails to comply with (j) above, the provider’s link between the child and the provider shall remain terminated.

History

#7723, eff 7-1-02 (from He-C 6910.10); (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #9770-A, eff 8-25-10; ss by #10120, eff 5-7-12; amd by #10565, eff 4-4-14; ss by #12221, eff 7-10-17 (from He-c 6910.12) ; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.14 Reporting Changes During the 12-Month Eligibility Period {#sec-he-c-6910.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.14}

(a) During any 12-month eligibility period, a parent shall report changes in any of the following circumstances to the DO staff within 10 calendar days of the date when the change occurs:

(1) The assistance group’s income increases to an amount exceeding 85% of the state median income (SMI);

(2) There is a change in the child care provider who is providing child care services or a change in child care provider location;

(3) A parent experiences a permanent loss or start of employment;

(4) A parent begins or ends a training or educational program;

(5) There is a change in the assistance group’s household composition;

(6) There is a change in the assistance group’s assets such that the cumulative value is in excess of one million dollars;

(7) A parent begins or ends participation in a mental health or substance misuse treatment program as a recipient of FAP or NHEP;

(8) A parent of any child in the assistance group moves into the household;

(9) An individual residing in the household becomes a parent of any child in the assistance group;

(10) There is a change of physical or mailing address;

(11) A parent adopts a child during the 12-month eligibility period; or

(12) A parent registered with a temporary employment agency is no long receiving payment.

(b) A parent shall be eligible for up to 92 days of continued assistance if the parent reports a permanent loss of their approved employment-related activity within 10 calendar days of the date of the loss, as listed in He-C 6910.07(f).

(c) If a parent fails to report the permanent loss of an employment-related activity, as described in (b) above, and reports the loss more than 92 calendar days after experiencing the loss, the DO shall consider the family to have received 92 calendar days of continued assistance and eligibility shall terminate unless the DO determines that the parent has engaged in another approved employment-related activity, as listed in He-C 6910.07(f).

(d) When a parent reports a change of the assistance group’s household composition, as described in (a)(5), (8), (9), and (11) above, the change shall be verified in accordance with He-C 6910.09.

(e) If a parent, as described in (d) above, fails to provide the verification required by He-C 6910.09, the DO can no longer determine the assistance group’s eligibility for child care scholarship and eligibility shall terminate.

(f) Within 10 calendar days of any reported change in circumstances as described in (a) above, DHHS shall:

(1) Review whether the assistance group continues to be eligible for child care scholarship in accordance with He-C 6910.09; and

(2) Send notification to the parent and provider if the reported change results in a decrease, increase, or termination of child care scholarship, as described in He-C 6910.12.

(g) Termination of eligibility that results from a change in family circumstances shall be effective 10 calendar days from the date of the notification, unless the parent requests a continuance of child care scholarship pending the outcome of an appeal in accordance with He-C 6910.19.

(h) Termination of child care scholarship eligibility that results from a change in assistance group income exceeding 85% of SMI shall be effective on the date DHHS processes the case.

(i) Pursuant to 45 CFR 98.21(e)(4), a family may voluntarily report any decrease in income during the 12-month eligibility period. In order to have the cost share recalculated for the remainder for the eligibility period, any decrease in income shall be verified by the DO in accordance with He-C 6910.09(r), (s), and (t).

(j) When a family reports a permanent move to another state, child care scholarship eligibility shall terminate on the date that the DO processes the case.

(k) If at any time a family reports that a new provider is providing child care services, the new provider shall be enrolled with DHHS in accordance with He-C 6914 before payment can be made to the provider, and a new Form 1863 “Child Care Provider Form” (October 2023) shall be submitted to the DO by the family, as described in He-C 6910.09(i).

(l) When a family reports a new provider as described in (k) above, Form 1863 “Child Care Provider Form” (October 2023) shall be submitted to the DO within 10 calendar days of the date the child began care with the new provider.

(m) If Form 1863 “Child Care Provider Form” (October 2023) is received by the DO more than 10 calendar days from the date the child began care with the new provider, the DO shall use the date the form was received as the provider link date and effective date to begin payment for child care scholarship.

History

#7723, eff 7-1-02; amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; ss by #12221, eff 7-10-17 (from He-C 6910.13); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-20-24

N.H. Code Admin. R. Ann. He-C 6910.15 Redetermination of Eligibility {#sec-he-c-6910.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.15}

(a) Eligibility for child care scholarship shall terminate at the end of the eligibility period unless the parent has requested and completed a redetermination, in accordance with He-W 606.100, no later than the last day of the prior year’s application or redetermination month.

(b) The purpose of the redetermination shall be to verify and update the information and documentation provided on the application or at the most recent redetermination in an effort to determine current and ongoing child care scholarship eligibility.

(c) A redetermination shall be conducted in the same manner as an application, in accordance with He-C 6910.04, He-C 6910.06, and He-C 6910.09, except:

(1) Verification of information regarding assistance group members, such as name, address, birth information, and citizenship, shall not be required unless changes in assistance group composition or address have occurred since application, or since the most recent redetermination;

(2) Verification of current child care provider via Form 1863 “Child Care Provider Verification” (October 2023) shall not be required if the family is still utilizing the same provider and no information on the previously submitted form has changed; and

(3) For a child experiencing verified disability or significant special need, verification via Form 2690 “Verification for a Child Experiencing Significant Special Need” (October 2023) shall not be required if the condition is considered chronic and non-changing, as indicated by the attending physician, PA, APRN, or LMHP at the time of application, or when verification of the verified disability or significant special need was previously submitted.

(d) At the time of redetermination, the DO shall:

(1) Notify the family of any outstanding verification required to determine ongoing child care scholarship eligibility; and

(2) Notify the family that all outstanding verification shall be submitted to the DO staff within 10 calendar days of the date of the notification, or child care scholarship eligibility shall terminate on the last day of the family’s redetermination month.

(e) If at redetermination the parent is experiencing a temporary absence from their approved employment-related activity, as described in He-C 6910.10(n), child care scholarship shall continue for an additional 12 months.

(f) If a parent is approved for continued assistance, in accordance with He-C 6910.10(s), in the final quarter of the 12-month eligibility period, the family shall complete the redetermination, and the 92-calendar day continued assistance shall take precedence over the new 12-month eligibility period.

(g) If a parent is approved for job search in the final quarter of the 12-month eligibility period, the family shall complete the redetermination and the 92-calendar day job search takes precedence over the new 12-month eligibility period.

(h) The redetermination shall be completed annually, regardless of whether a parent is experiencing one of the circumstances in He-C 6910.10(n).

(i) For any parent who fails to complete the redetermination process, child care scholarship shall terminate at the end of the 12-month eligibility period.

(j) If at redetermination the assistance group’s income increases to an amount exceeding 85% of SMI, child care scholarship eligibility shall terminate.

(k) If at redetermination it is determined that the assistance group’s income has changed since the application or most recent redetermination, the cost share and family cap amount shall be recalculated.

(l) The family shall receive notification regarding the redetermination of eligibility decision in accordance with He-C 6910.12.

(m) If it is determined that the family is no longer eligible, child care scholarship shall terminate on the date specified on the notification, unless continuation of child care scholarship is requested pending the outcome of an appeal, in accordance with He-C 6910.19.

(n) If a family requests a redetermination after the end of the family’s eligibility period, the request shall be treated as a new application, in accordance with He-C 6910.04, and if found eligible, a new eligibility period shall begin on the date the application was received in the DO, and shall be subject to the waitlist pursuant to He-C 6910.11.

(o) The application date or the child care provider link date, whichever is more recent, shall be used to determine the effective date of the 12-month eligibility period and effective date of payment for child care.

History

#7723, eff 7-1-02; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17 (from He-C 6910.14) ; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.16 Service Level Determination for Child Care Scholarship Payments {#sec-he-c-6910.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.16}

(a) The child care authorized service level shall be determined at initial eligibility and at redetermination and limited only to the hours that the parent is participating in one or more of the following activities:

(1) Work;

(2) Looking for work;

(3) Seeking housing under the circumstances described in He-C 6910.07(h);

(4) Training or attending class, including online training;

(5) A work study program, subject to the limitations in He-C 6910.13(g) for non-TANF recipients;

(6) An NHEP activity as described in He-W 637;

(7) Duties for AmeriCorps VISTA;

(8) A mental health treatment program or substance misuse treatment program as a recipient of NHEP or FAP, pursuant to RSA 167:83, II(q);

(9) Commuting, equal to one hour per day in one or more approved employment-related activities, not to exceed one hour per day when those commutes are related to (1) through (8) above;

(10) Studying, not to exceed the number of classroom hours spent in a week, and only if billed within the same week as those classroom hours; or

(11) Resting, not to exceed the number of hours worked, if the parent works any 4 hours of the day from 10:00 p.m. to 6:00 a.m. and the child would otherwise be without care and supervision.

(b) The authorized service level shall remain unchanged during any 12-month eligibility period unless:

(1) The parent reports a change in employment-related activities that increases the authorized service level;

(2) The parent requests a decrease in service level; or

(3) A full-time override, as defined in He-C 6910.03(y), is in effect.

(c) The authorized service level shall remain the same as the authorized service level prior to the parent experiencing one of the circumstances in He-C 6910.10(n), unless the parent requests a decrease in service level.

(d) In a continued assistance period following the permanent loss of a job, end of a training or educational activity, or end of participation in a mental health or substance misuse treatment program, the authorized service level shall remain the same as the authorized service level prior to the start of continued assistance.

(e) Children 6 years of age or older whose parent(s) participates in an approved employment-related activity full-time, as defined in He-C 6910.03(x), shall be eligible for half-time service level, unless a full-time override is in effect during school vacations and summer vacation, as described in He-C 6910.03(y).

History

#7723, eff 7-1-02; ss by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10565, eff 4-4-14; ss by #12221, eff 7-10-17 (from He-C 6910.16); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.17 Child Care Scholarship Standard Weekly Rate Methodology {#sec-he-c-6910.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.17}

(a) The full-time child care scholarship standard weekly rates shall be established by utilizing a federally-required market rate survey (MRS) of New Hampshire licensed child care center and licensed family child care home rates, conducted every 3 years, pursuant to 45 CFR 98.45.

(b) Standard weekly rates shall be established by the most recent MRS for licensed child care centers and licensed family child care homes at the 75th percentile:

(c) The standard weekly rate for license-exempt in-home providers shall be established at 70% of the licensed family child care home standard weekly rate for each age category.

(d) The standard weekly rate for license-exempt child care centers shall be established at 50% of the licensed child care center standard weekly rate.

(e) Child care scholarship payment to the child care provider shall be the amount remaining after comparing the provider’s charge for the service to the standard weekly rate, then subtracting the family’s cost share from whichever is the lower rate.

(f) The standard weekly rate for licensed and license-exempt child care centers and licensed family child care homes and license-exempt in-home providers shall be proportioned from the full-time standard weekly rate for half-time and part-time child care.

(g) In addition to the standard weekly rates above, a supplemental payment of $100.00 per week for full-time service level, $75.00 per week for half-time service level, and $50.00 per week for part-time service level shall be paid for a child experiencing a disability or significant special need subject to the verification described in He-C 6910.09(j).

(h) The supplemental payment in (g) above shall be effective the Monday following the approval date on Form 2690 “Verification for a Child Experiencing a Disability or Significant Special Need” (October 2023).

(i) When a child’s age in months reaches the beginning of a new age category, that is, 0-17, 18-35, 36-78, or 79-155 months, for payment, the payment rate shall be changed effective the Monday following the change in age category.

History

#7723, eff 7-1-02; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10565, eff 4-4-14; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

(a) A family’s child care scholarship family cap amount and cost share shall be determined as a percent of the family’s monthly gross income adjusted for family size shown. The family cost share is shown in Table 6910.1 below and as follows:

(1) Families whose monthly gross income is less than or equal to 100% of FPG described in He-C 6910.06(b) shall be eligible for step 1;

(2) Families whose monthly gross income is greater than 100% FPG and less than or equal to 138% of FPG as described in He-C 6910.06(b), shall be eligible for step 2;

(3) Families whose monthly gross income is greater than 138% FPG and less than or equal to 85% of SMI as described in He-C 6910.06(b) shall be eligible for step 3;

(b) The family cap amount and cost share shall be calculated by taking the assistance group’s monthly gross income, adjusted for family size, multiplied by the cost share percent associated with the step assigned to the family from Table 6910.1 and divided by 4.33 weeks.

(c) The cost share during the current 12-month eligibility period shall increase or decrease according to changes in the family’s income, but shall not exceed the family cap amount determined at initial eligibility or at the most recent redetermination.

(d) Cost share shall decrease as a result of any verified decrease in income during a 12-month eligibility period unless income was annualized at initial eligibility or redetermination.

(e) Changes in the monthly gross income limit used to calculate eligibility shall be effective on the first day of July following publication of the annual update of the federal poverty guidelines in the Federal Register.

Table 6910.19 Eligibility and Family Cost Share (Based on Family Income)

Step

Federal Poverty Guidelines

Family Cost Share Assigned to Assistance Group

≤ 100%

$0/week

100% but ≤138%

$5/week

138% FPG but ≤ 85% SMI

7.0% of family income

(f) The family cost share assigned to the family shall be divided equally among all eligible children enrolled with enrolled child care providers.

(g) The cost share per child shall be applicable to only one enrolled child care provider.

(h) The family shall identify one enrolled child care provider per child to be reimbursed by DHHS pursuant to He-C 6910.07(b)(4).

(i) If the family utilizes more than one child care provider per child:

(1) DHHS shall only pay for one enrolled child care provider per child; and

(2) The family shall be responsible for the total cost of care for all additional child care providers.

History

#7723, eff 7-1-02; amd by #7939, eff 8-23-03; amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; amd by #9665, EMERGENCY RULE, eff 3-1-10, EXPIRES: 8-28-10; ss by #9770-A, eff 8-25-10; ss by #10120, eff 5-7-12; amd by #10370, eff 7-1-13; ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23

N.H. Code Admin. R. Ann. He-C 6910.19 Appeals {#sec-he-c-6910.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.19}

(a) A family may appeal within 30 calendar days of the date on the notification of an eligibility decision to reduce, deny, or terminate child care scholarship, in accordance with He-C 200.

(b) If a family files an appeal, in accordance with He-C 200, within 15 calendar days of the date of the notification and requests continuation of child care scholarship, child care scholarship shall continue at the established payment rate until a decision is made regarding the appeal.

(c) If the decision on the appeal upholds the DHHS proposed action, then child care scholarship shall be denied, decreased, or terminated effective the date indicated on the original notification of the denial, decrease, or termination, except when the termination is a result of the parent’s failure to complete the redetermination process in accordance with He-C 6910.15, and in which case the effective date shall be the closure date identified on the notification of redetermination.

(d) If the family opted to continue to receive child care scholarship as provided under (b) above, any overpayment shall be repaid in accordance with He-C 6918.08.

(e) If the decision on the appeal does not uphold the DHHS proposed action:

(1) Eligibility shall be established as provided for in the appeal decision and eligibility shall be effective as described in He-C 6910.10 if the notification proposed a denial of the application; or

(2) The family shall continue to receive child care scholarship as provided for in the appeal decision, if the notification proposed a decrease or termination of child care scholarship.

History

#9435, eff 3-21-09; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10917, eff 9-1-15; ss by #12221 eff 7-10-17 (formerly He-C 6910.23); ; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

N.H. Code Admin. R. Ann. He-C 6910.20 Waiver of Rules {#sec-he-c-6910.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6910.20}

(a) A parent who requests a waiver of a requirement in He-C 6910 shall submit the request in writing to DHHS and include the following information:

(1) The parent’s name, address, telephone number, and case number, if applicable;

(2) The specific reference to the section of the rule for which a waiver is being requested;

(3) An explanation of why a waiver is necessary and the length of time, not to exceed 92 calendar days, for which the waiver is being requested;

(4) A written plan to achieve compliance with the rule or an explanation on how the parent will satisfy the intent of the rule, if the waiver is granted; and

(5) The dated signature of the parent.

(b) A waiver shall be granted to the parent if:

(1) DHHS concludes that authorizing deviation from compliance with the rule from which the waiver is sought does not contradict the intent of the rule or conflict with statute; and

(2) The alternative proposed ensures that the object or intent of the rule will be accomplished.

(c) When a waiver is approved, the parent’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which the waiver was sought.

(d) DHHS shall not approve any request for a waiver of any of the provisions relevant to state or federal law or any rules of other state agencies which are referred to in this chapter.

(e) No provision or procedure prescribed by statute shall be waived.

(f) A waiver shall be granted in writing for the length of time requested in (a)(3) above, from the date the waiver was granted.

History

(See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; ss by #12221, eff 7-10-17 (formerly He-C 6910.24); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

Part He-C 6912 Preventive and Protective Child Care Eligibility and Provider Enrollment

N.H. Code Admin. R. Ann. He-C 6912.01 Purpose {#sec-he-c-6912.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.01}

The purpose of this part is for the department of health and human services (DHHS), through the division for children, youth, and families (DCYF) for protective child care and through the division of economic and housing stability (DEHS) for preventive child care to:

(a) Establish the eligibility criteria for preventive or protective child care scholarship which support healthy child development and the service or case plan. These types of child care scholarships enable families to prepare for, secure, or maintain employment, participate in other approved activities, or maintain stability of the child while in and out of the home placement;

(b) Establish the payment amounts for preventive and protective child care scholarship;

(d) Establish the requirements to become a licensed or license-exempt protective child care provider.

History

#12222, eff 7-10-17; ss by #13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.02 Scope {#sec-he-c-6912.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.02}

(a) This part shall apply to:

(1) Families authorized to receive preventive child care scholarship as determined by the comprehensive family support agency; and

(2) Children authorized by DCYF to receive protective child care scholarship pursuant to a court order or non-court ordered agreement between DCYF and the family.

(b) The child care payments established pursuant to He-C 6912 shall be contingent upon the availability and continued appropriation of sufficient funds for this purpose, and in no event shall DHHS be liable for any payments hereunder in excess of such available appropriated funds.

History

#12222, eff 7-10-17; ss by #13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.03 Definitions {#sec-he-c-6912.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.03}

(a) "Agency” means the board or directors, executive director, and employees of an organization that is incorporated and recognized by the NH secretary of state.

(b) “Authorization period” means the time for which a child is approved to receive preventive or protective child care.

(c) “Authorized representative” means the person(s) who is designated or authorized by a child care provider to act on behalf of that provider in matters related to billing DHHS for child care services.

(d) “Authorized service level” means full time, half time, or part time service level based on the number of hours per week that child care is authorized based on the work schedule of the parent, the case plan developed by DCYF, or the service plan developed by the comprehensive family support agency.

(e) “Caretaker relative” means a relative who is not the biological parent of the child(ren), but is providing care and supervision of the child(ren).

(f) “Case plan” means the division for children, youth and families (DCYF) written plan for the child and the family which outlines how services will be provided, and requirements to be met by a parent receiving a protective child care scholarship, pursuant to RSA 170-G: 4, III and 42 U.S.C. 671, Part E-Federal Payments for Foster Care and Adoption Assistance 42 USC 671(a) (16) and 42 USC 675(5) (a)-(D) state plan for foster care and adoption assistance.

(g) “Child care” means the act of providing safe and healthy care, including supervision, food, activity, and rest for a child for any portion of a 24- hour day in order to promote healthy child development..

(h) “Child care provider” means a provider of non-residential child care services, including center-based, family-based, and in-home child care services for compensation who or that is legally operating under state law, and complies with applicable state and local requirements for the provision of child care services.

(i) “Child care scholarship” means payment to a child care provider who meets DHHS enrollment and billing and payment criteria for child care services on behalf of a family who meets the eligibility criteria of He-C 6912.

(j) “Child experiencing a disability or significant special need(s)” means a child through the age of 17 who has a verified medical, physical, developmental, educational, or emotional condition or significant special need pursuant to He-C 6912.05(f) and He-C 6912.10(b) requiring additional funds for accommodation or classroom adaptation in the child care setting.

(k) ”Child protective service worker (CPSW)” means the DCYF representative who has expertise in managing cases resulting from concerns of child abuse or neglect to ensure families and children achieve safety, permanency and well-being.

(l) "Comprehensive family support agency" means one of the DEHS contracted agencies throughout New Hampshire that provide a range of support services to families and children that focus on strengthening, supporting and building on the strengths and skills of individuals.

(m) “Conflict of interest” means “conflict of interest” as defined in RSA 21-G:21, II.

(n) "Department (DHHS)" means the department of health and human services of the state of New Hampshire.

(o) "Division for children, youth and families (DCYF)" means the organizational unit of the department of health and human services that provides services to children, youth, and families referred by courts pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, and RSA 463.

(p) “Employee” means any individual who is employed by a child care provider for compensation or anyone whose activities involve the care or supervision of children for a child care provider or have unsupervised access to children.

(q) “Enrolled child care provider” means that a child care provider has met the requirements found in He-C 6912.06 and He-C 6912.11 and is authorized to receive payment for services from DHHS.

(r) “Family” means a child (ren) and an adult(s) who reside in the same household and who have a birth, foster, step, adoptive, legal guardianship, or caretaker relative relationship.

(s) “Foster parent” means an individual who has a license or permit for foster family care, pursuant to He-C 6446.

(t) “Founded” means a report of abuse or neglect where the department has determined that there is a preponderance of evidence to believe that a child has been abused or neglected.

(u) “Full-time” means greater than 30 hours of child care per week.

(v) “Fraud” means “fraud” as defined in RSA 167:58, IV.

(w) “Good standing” means licensed child care providers are not in violation of He-C 4002.

(x) “Half-time” means greater than 15 and equal to or less than 30 hours of child care per week.

(y) “Legal guardian” means an individual who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of the child(ren).

(z) “Licensed” means a child care provider has been issued a child care license to operate by the commissioner of DHHS, in accordance with RSA 170-E, or has been issued a child care license to legally operate as a child care provider in accordance with the child care licensing requirements of a state neighboring New Hampshire.

(aa) “License-exempt facility based program” means a license-exempt child care provider pursuant to RSA 170-E:3, I (f) and(g).

(ab) “License – exempt in home provider” means a person who is:

(1) Providing child care in a private home;

(2) Exempt from licensure pursuant to RSA 170-E:3; and

(3) One of the following program types:

a. “Relative provider” where the only children in care are the provider’s own children, children related to the provider, and children residing with, the provider” pursuant to, RSA 170-E:3(l); or

b. “Friend or neighbor provider” where any number of the provider’s own children, whether related biologically or through adoption, and up to 3 additional children are cared for regularly for any part of the day, but less than 24 hours, pursuant to RSA 170-E:3.

(ac) “NH Bridges” means the automated case management, information, tracking, and reimbursement system used by DHHS.

(ad) “Parent” means an individual who has a birth, adoptive, or step-parent relationship to the child(ren), a foster parent as defined in (s) above, a legal guardian as defined in (y) above, or a caretaker relative as referenced in (e) above.

(ae) “Part time” means one to 15 hours of child care per week.

(af) "Preventive child care" means child care authorized by the comprehensive family support agencies to prevent child abuse or neglect and to give the parent an opportunity to participate in programs designed to teach positive parenting skills and address concerns that could lead to child abuse or neglect.

(ag) "Protective child care" means child care authorized by DCYF while there is an open assessment or a founded case of child abuse or neglect in order to assist the parent, according to (ad) above, in maintaining employment, or when child care is in the best interest of the child or to provide an opportunity to address the concerns that lead to abuse or neglect.

(ah) “Recipient” means a member of a family, who meets eligibility requirements or authorization pursuant to He-C 6912 and is receiving a child care scholarship from DHHS. The term includes the term “parent” pursuant to (ad) above.

(ai) “Serious injury” means any injury that occurs to a child while receiving child care services from a licensed or license-exempt child care provider that requires medical treatment by a physician or other health care professional, hospitalization, or CPR performed on the child while the child is in care.

(aj) “Service plan” means a family service record maintained by a comprehensive family support agency that includes but is not limited to a specific crisis or episode of need for a child receiving preventive child care scholarship.

(ak) “Standard rate” means a DHHS-determined rate used to calculate a child care scholarship.

(al) “Trauma-informed care” means a practice that promotes a culture of safety, empowerment, and healing.

History

#12222, eff 7-10-17; ss by #13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.04 Eligibility for Preventive Child Care Scholarship {#sec-he-c-6912.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.04}

(a) Families shall be eligible to receive preventive child care scholarship when:

(1) The family does not have an open case with DCYF;

(2) A service plan to prevent child abuse or neglect, created by the comprehensive family support agency in conjunction with the parents, is in effect;

(3) The parent is participating in efforts to achieve the goals and objectives required by the service plan created with the comprehensive family support agency;

(4) The comprehensive family support agency has completed and submitted to the department a completed Form 1902 “Referral for Preventive Child Care Services” (June 2017); and

(5) T he provider has completed and submitted to the department Form 1864 “Protective Child Care Provider Verification” (February 2017) certifying that:

a. “I agree that I must report any changes to the cost of care no later than 10 calendar days from the date of the change.”;

b. “I understand that the Department will recover any payment made for inaccurate or fraudulent billing.”;

c. “I certify that this information is true and correct.”; and

d. “I understand that the Department may release child care payment information to the above-named provider, for the purpose of verifying child care payment by the Department of Health & Human Services.”.

(b) Eligibility for preventive child care scholarship shall not be determined solely for receipt of financial assistance.

(c) If the comprehensive family support agency determines that authorized child care is no longer needed or appropriate, the agency shall complete and submit Form 1902 “Referral for Preventive Child Care Services” (June 2017) to provider relations requesting that the authorization for child care be terminated.

(d) Child(ren) eligible to receive preventive child care scholarship shall be less than 13 years of age unless the child(ren) meets the exception criteria below:

(1) The child has cognitive or behavioral concerns, such that the child and the community would be at risk, and the child care scholarship is approved by the comprehensive family support agency; or

(2) The child is experiencing a disability or significant special needs whose condition limits the child’s ability to care for himself or herself, or he or she would cause harm to himself or herself or others without supervision as verified with a completed Form 2690 “Verification for a Child Experiencing a Disability or Significant Special Needs” (May 2020) and the child care scholarship is approved by the comprehensive family support agency.

(e) The child care level of service shall be based on the number of hours per week child care is needed as determined by the number of hours per week the parent is in an approved activity or as authorized by the comprehensive family support agency as being in the best interest of the child;

(f) The authorized service level shall be based on the service plan in (a)(2) above and applies as follows:

(1) For full time authorized service level, the number of hours shall be greater than 30 hours per week;

(2) For half time authorized service level, the number of hours shall be greater than 15 and equal to or less than 30 hours per week; and

(3) For part time authorized service level, the number of hours shall be between one and 15 hours per week.

History

#12222, eff 7-10-17; ss by #13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.05 Preventive Child Care {#sec-he-c-6912.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.05}

Verification Requirements.

(a) Comprehensive family support agencies shall document the need for preventive child care in the service plan.

(b) Preventive child care shall be authorized on Form 1902 for each period of up to 4 months.

(c) The comprehensive family support agency shall indicate on Form 1902 “Referral for Preventive Child Care Services” (June 2017) if the family income exceeds TANF guidelines in order for other funding to be used for preventive child care.

(d) Comprehensive family support agencies shall verify family income and retain the documents listed below in the client file:

(1) Financial statement sheet with parent signature; and

(2) Proof of income such as pay stubs, tax returns, social security statements, and child support statements.

(e) Comprehensive family support agencies shall verify the utilization of preventive child care scholarship through one of the following methods:

(1) Weekly home visit with the family;

(2) Monthly telephone calls or visits to the child care center; or

(3) Meetings at the child care provider location to discuss the needs of the child while in the child care setting.

(f) The following verification requirements shall apply for a child experiencing a disability or significant special need(s):

(1) The parent or guardian shall authorize the release of information to DHHS by completing section III of Form 2690 “Verification for a Child Experiencing a Disability or Significant Special Needs,” (July 2015), and by signing and dating the form, affirming the following:

“By signing below, I authorize this verification to be released to the Department of Health and Human Services. I understand that the information will be held in the strictest confidence and that it will be reviewed by, or shared with, authorized Department of Health and Human Services’ staff involved in the authorization of Child Care and Development Fund Scholarships.”

(2) The child care provider shall complete section I of Form 2690, “Verification for a Child Experiencing a Disability or Significant Special Needs,” (May 2020); and, sign and date the form, certifying the following:

b. “I agree to submit an annual report to DHHS specifying how the monies were spent which include all DHHS requested information necessary for program monitoring.”

(3) A licensed professional shall complete section II of Form 2690, “Verification for a Child Experiencing a Disability or Significant Special Needs,” (May 2020), and sign and date the form, certifying one of the following, as applicable:

a. “I certify that: I am the child’s attending physician, physician’s assistant, advance practice registered nurse, or licensed mental health professional and am providing ongoing treatment; the child’s disability or special need(s) is significant enough that the child requires additional support in a child care setting; and, if the child is 13 through 17 years of age, the child’s condition limits the child’s ability to care for himself/herself or he/she would cause harm to himself/herself or others without supervision.”; or

(g) The provider shall complete and submit to the department Form 1864 “Protective Child Care Provider Verification” (February 2017).

History

#12222, eff 7-10-17; ss by #13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.06 Preventive Child Care Provider Qualifications and Requirements for Enrollment {#sec-he-c-6912.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.06}

(a) To be eligible to be enrolled, a preventive child care provider shall meet the following qualifications:

(1) Meet the definition of licensed pursuant to He-C 6912.03(z);

(2) Maintain a current New Hampshire child care license, and be in good standing;

(3) Provide a copy of a New Hampshire child care license;

(4) Review and comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;

(5) The child care provider and his or her employees shall not have a conflict of interest;

(6) Provide proof the child care provider and employees have created an account in the “NH Professional Registry” at https://nhportal.naccrraware.net/nh/;

(7) Provide a certificate of proof the child care provider and employees completed training in trauma-informed care;

(8) Review and comply with the child abuse and neglect reporting requirements of RSA 169-C:29-31; and

(9) Maintain liability insurance or provide a disclosure to parents that the program is uninsured pursuant to RSA 170-E:6-b.

(b) In addition to the requirements in He-C 6912.06(a), a child care provider seeking to be enrolled shall submit to DHHS the following documentation for each child care location:

(1) A copy of the provider’s current child care license issued by DHHS’s child care licensing unit;

(2) A completed “State of NH Alternate W-9 Form” (October 2016);

(3) Form 1862 “Child Care Provider Enrollment” (May 2020);

(4) Form 1860 “Child Care Provider Agreement” (May 2020) agreeing:

a. To comply with all the requirements set forth in this agreement;

b. That enrollment is not finalized any payment for child care scholarship will not be made until all required paperwork is complete and required Department of Health and Human Services (DHHS monitoring visit and background checks including investigations and determinations are complete in accordance with He-C 6912 and He-C 6914;

c. To comply with all federal and state laws and regulations including, but not limited to, civil rights, equal opportunity, and non-discrimination, as well as all rules, policies, and procedures, including enrollment requirements and billing directions per He-C 6912, He-C 6914 and He-C 6918;

d. To review the definition of serious injury and report any serious injury or death that takes place in the child care setting during the hours of operation in accordance with He-C 6912 and He-C 6914;

e. To review and comply with the child abuse and neglect requirements of RSA 169-C:29-31;

f. To maintain current licenses, permits, certifications, background checks, professional development/training and other documentation as required by applicable state and federal laws;

g. To maintain liability insurance or provider a disclosure to parents that the program is uninsured pursuant to RSA 170-E:6-b;

h. To submit to monitoring requirements by DHHS per He-C 6912 and He-C 6914;

i. To comply with the minimum standards for health and safety as required by He-C 6912, He-C 6916 or He-C 6917;

j. To submit an annual report to DHHS specifying how the significant special needs differential monies were spent;

k. That signing this form does not create and employer-employee relationship;

l. That I must report any child care payment receive from the State of New Hampshire as income to DHHS when applying for or receiving any additional services or assistive programs for DHHS;

m. To report all changes to DHHS such as changes of address, email address, incorporation, or provider name and if there is a change from social security number to an employer identification number;

n. To report to DHHS if someone new moves into my home or begins working in the child care program;

o. To bill only for child care services provided in compliance with this agreement;

p. That all children under my care that are receiving child care payments from the State of NH will be provided supervision by myself and/or my employee and that I and my employee have completed all background check requirements and health and safety training according to He-C 6912 and He-C 6914 and that if I am providing care in my home, that all household members 18 years and older have completed a background check;

q. To keep daily attendance records, which include child’s first and last name, arrival and departure times, and parent/guardian’s full original signature or electronic signature. I understand that this information is required on the weekly attendance record to confirm the total number of hours billed for each week. I agree to provide all such records and information related to billing and/or services provided to DHHS or its agents as requested and I agree to keep attendance records for a period of 3 years;

r. That I, or my authorized representative, or my employee, will not share the unique DHHS assigned Logon and Personal Identification Number (PIN) with anyone. I understand that the DHHS assigned Logon and PIN is non-transferrable to other individuals. I agree and understand I am responsible for all child care billing invoices submitted by me, my authorized representative, and/or employee;

s. To bill DHHS weekly for services provided in the previous week;

t. That if I submit an incorrect billing invoice, I will make the required corrections and resubmit the billing invoice to DHHS within 60 days after the services were provided. I understand that billing invoices will not be paid beyond 60 days. I agree and understand billing invoices must be submitted via the web billing application. I agree to indicate on the child care billing invoice the time the child was scheduled to attend and the correct designation of Present (P), Absent (A) Closure (C), Staff Professional Development Training (T), DHHS designated Holiday (H) a DHHS authorized declared Disaster (D) as applicable;

u. The child care registration fee charged to families eligible for child care scholarship will not exceed the amount charged to a private paying family;

v. By submitting a child care invoice to DHHS for services provided, I am certifying that the information provided is true and accurate;

w. That I understand that DHHS will recover any payment made for inaccurate or fraudulent billing;

x. To notify DHHS if I believe that I have received an overpayment;

y. The decision to accept or not accept payment from DHHS as payment in full is mine and that I have the option to charge or not to charge the difference (co-payment) between the DHHS payment and my rate to the parent/guardian;

z. If my billing practices are contrary to this agreement and He-C 6912, He-C 6914 and He-C 6918, I will forfeit the right to payment and that I will not bill the parent for the cost of services that could have been paid by DHHS;

aa. That I understand if I have billed improperly, DHHS may require me to complete additional training;

ab. To keep all information concerning children and their families confidential except as otherwise allowed under law;

ac. I am responsible for payment of all required federal and state taxes accrued. DHHS will issue a Form 1099 in January of each year if total reportable payment from all state agencies equals $600 or more. Form 1099 will not be issued for nonprofit agencies or corporations;

ad. That failure to comply with the terms of this agreement is grounds for termination or disqualification of participation as a DHHS enrolled child care provider and possible further action by DHHS;

ae. If there is a founded fraudulent claim by DHHS against me, I will be disqualified from participating as a DHHS enrolled child care provider for a minimum period of 5 years;

af. If I have not billed in over one year, a child’s health or safety is endangered, or if it is determined that I have fraudulently billed, DHHS will terminate my enrollment as a child care provider without advance notice; and

(5) Form 2679 “Provider Web-Billing User Account Request (November 2016).

(c) The child care provider shall complete and submit all forms and the attachments specified in this section to DHHS. The process shall not be considered complete until all of the information requested has been received, including any signatures required on such forms.

(d) The child care provider shall submit the applicable forms and documentation listed in this section by email to DCYF providerrelations@dhhs.nh.gov or mail to:

Department of Health and Human Services

DCYF Provider Relations

129 Pleasant Street

Brown Building 3rd Floor

Concord, NH 03301

(e) If there are forms or required documentation missing, DHHS shall notify the provider in writing of the items required before the enrollment can be processed.

(f) The enrollment application process shall be complete as of the date DHHS makes the determination in (a) above and sends the written notification of the provider’s approval or denial of enrollment. A child care provider shall not be eligible to receive payment prior to the date indicated in the written notification.

(g) If approved, enrollment shall continue for a period of 3 years from the date on the written verification.

(h) DHHS shall assign an enrolled child care provider a unique resource identification number for each child care location to be used for child care scholarship payment.

(i) An enrolled child care provider shall notify DHHS in writing within 10 calendar days of any change in the information provided on the enrollment forms, background check or criminal history record information, except as stated in (o) below.

(j) A child care provider who has changed or obtained a new tax identification number shall report the new tax identification number to DHHS by completing and submitting an updated Form 1862, “Child Care Provider Enrollment Form” (May 2020) and an updated “State of NH Alternate W-9 Form” (October 2016).

(k) After DHHS receives the information in (i) above or forms documenting a change as required in (k) above, DHHS shall assign the provider a new resource identification number.

(l) If a child care provider has had his or her child care license under He-C 4002 denied or suspended, DHHS shall review the documentation from the DHHS child care licensing unit of the license denial or suspension.

(m) If the child care provider’s license is denied or suspended, the comprehensive family support agency shall complete and submit to DHHS Form 1902 “Referral for Preventive Child Care Services” (June 2017) to close the preventive child care authorization and assist the family in locating a licensed child care provider.

(n) An enrolled child care provider shall be a vendor of child care services and shall not be considered an employee of DHHS.

(o) All enrolled child care providers of child care scholarship shall notify DHHS within 2 calendar days if the location of child care services changes.

History

#12222, eff 7-10-17; ss by #13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.07 Preventive Child Care – Maintaining Enrollment {#sec-he-c-6912.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.07}

(a) In order to maintain enrollment, a licensed child care provider shall:

(1) Be qualified to receive NH child care scholarship, as described in, He-C 6912.06(a);

(2) Comply with all requirements in He-C 6912 and He-C 4002;

(3) Maintain a current New Hampshire child care license, and be in good standing;

(4) Provide DHHS with a copy of any new or renewed NH child care license issued within 10 days of issuance or receipt; and

(5) Not have had any license issued through DHHS’s child care licensing unit revoked.

History

#12222, eff 7-10-17; ss by #13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.08 Preventive Child Care Renewal of Enrollment {#sec-he-c-6912.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.08}

(a) An enrolled child care provider shall renew their enrollment every 3 years from the date of initial enrollment by completing and submitting the following to DHHS:

(1) A valid New Hampshire child care license or valid permit to operate in accordance, and be in good standing with He-C 4002;

(2) A copy of any new or renewed child care license issued within 10 days of issuance or receipt;

(3) Form 1860 “Child Care Provider Agreement” (May 2020); and

(4) Provide proof the child care provider or an authorized representative has retaken the mandatory DHHS child care scholarship training.

(b) Renewal of enrollment shall remain open when DHHS has received all required forms, records, and checks if the child care provider submitted all of the required forms on or before the enrollment end date.

(d) Renewal of enrollment shall be completed as of the date DHHS makes the determination and sends written notification of the provider’s approval of re-enrollment.

History

#13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.09 Eligibility for Protective Child Care Scholarship {#sec-he-c-6912.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.09}

(a) Families shall be eligible to receive protective child care scholarship when there is an open assessment or case through DCYF, and at least one of the following circumstances exists:

(1) The child is placed in out-of-home care, where the parent is working and requires child care while the parent(s) is employed; or

(2) DCYF has authorized child care as being in the best interest of the child when:

a. The child is in out-of-home care and the parent(s) is not employed; or

b. The child(ren) remains in the parent’s home and the family has a founded report of abuse or neglect as defined in RSA 169-C:3, XIII-a.

(b) Child(ren) eligible to receive protective child care scholarship shall be less than 13 years of age unless the child(ren) meets the exception criteria below:

(1) The child has cognitive or behavioral concerns, such that the child and the community would be at risk, and the child care scholarship is approved by the DCYF field administrator; or

(c) No child under the age of 72 months, meaning a child who is 6 years of age, shall be cared for in a license-exempt child care center program pursuant to RSA 170-E:2 XI-a.

(d) The child care level of service shall be based on the number of hours per week child care is needed as determined by the number of hours per week the parent is in an approved activity or as authorized by DCYF as being in the best interest of the child.

(e) The authorized service level shall be determined based on (a)(2) and (d) above and apply as follows:

(1) For full time authorized service level, the number of hours shall be greater than 30 hours per week;

(2) For half time authorized service level, the number of hours shall be greater than 15 and equal to or less than 30 hours per week; and

(3) For part time authorized service level, the number of hours shall be between one and 15 hours per week.

History

#13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.10 Protective Child Care Verification Requirements {#sec-he-c-6912.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.10}

(a) When authorizing protective child care, DCYF shall verify the child’s income and one of the following:

(1) That the parent is working; or

(2) Child care is needed in the best interest of the child.

(b) The following verification requirements shall apply for a child experiencing a disability or significant special need(s):

(1) The parent or guardian shall authorize the release of information to DHHS by completing section III of Form 2690 “Verification for a Child Experiencing a Disability or Significant Special Needs,” (May 2020), and by signing and dating the form, affirming the following:

b. “I agree to submit an annual report to DHHS specifying how the monies were spent which include all DHHS requested information necessary for program monitoring”.

a. “I certify that: I am the child’s attending physician, physician’s assistant, advance practice registered nurse, or licensed mental health professional and am providing ongoing treatment; the child’s disability or special need(s) is significant enough that the child requires additional support in a child care setting; and, if the child is 13 through 17 years of age, the child’s condition limits the child’s ability to care for himself/herself or he/she would cause harm to himself/herself or others without supervision.”; or

History

#13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.11 Protective Child Care Provider Qualifications and Requirements {#sec-he-c-6912.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.11}

(a) For foster care parents to be eligible to be enrolled as a license-exempt child care provider the foster parent shall meet the following qualifications:

(1) Be licensed as a foster care provider pursuant to He-C 6446;

(2) Provide a copy of the foster care license;

(3) Meet the definition of license-exempt pursuant to He-C 6912.03(ab);

(4) Maintain liability insurance or provide a disclosure to parents that the program is uninsured pursuant to RSA 170-E:6-b;

(5) Review and comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;

(6) The child care provider and his or her employees shall not have a conflict of interest;

(7) Not be the parent of a child for whom he or she is providing care unless the child is receiving protective child care provided by a licensed foster parent who is also a licensed child care provider as approved by a DCYF supervisor and in compliance with He-C 6446.15 (m);

(8) Not be a member of the same residence as the parent or child(ren) receiving child care scholarship unless the child(ren) is in foster care and receiving protective child care scholarship;

(9) Not have had any permit or license issued through DHHS’s child care licensing unit revoked;

(10) If licensed with DHHS, child care licensing unit, have a valid New Hampshire child care license or valid permit to operate in accordance with He-C 4002, and be in good standing; and

(11) Review and comply with the child abuse and neglect reporting requirements of RSA 169-C:29-31.

(b) For a license-exempt facility-based program to be eligible to be enrolled, a child care provider shall meet the following qualifications:

(1) Be 18 years of age or older;

(2) Meet the definition of license-exempt pursuant to He-C 6912.03(aa);

(3) Maintain liability insurance or provide a disclosure to parents that the program is uninsured pursuant to RSA 170-E:6-b;

(4) Review and comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;

(5) The child care provider and his or her employees shall not have a conflict of interest; and

(6) Comply with:

a. An annual announced monitoring visit as defined in He-C 6917.03(n); and

b. All the minimum standards for health and safety as required by He-C 6917.

(c) For a licensed child care provider to be eligible to be enrolled, a child care provider shall meet the following qualifications:

(1) Meet the definition of licensed pursuant to He-C 6912.03(z);

(2) Maintain a current New Hampshire child care license and be in good standing;

(3) Provide a copy of a New Hampshire child care license;

(4) Review and comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a; and

(5) The child care provider and his or her employees shall not have a conflict of interest.

(d) In addition to the requirements in He-C 6912.11(a), (b), and (c) above, a child care provider seeking to be enrolled shall submit every 3 years to DHHS for each child care location the following:

(1) If a licensed child care provider:

a. A copy of the provider’s current child care license issued by DHHS’s child care licensing unit;

b. A “State of NH Alternate W-9 Form” (October 2016);

c. Form 1862 “Child Care Provider Enrollment” (May 2020);

d. Form 1860 “Child Care Provider Agreement,” (May 2020), agreeing to the requirements set forth in He-C 6912.06(b)(4)a.-af.; and

e. Form 2679 “Provider Web-Billing User Account Request” (November 2016), with the following understandings:

“I understand that provider billing requirements are governed by administrative rules (He-C 6339, He-C 6340, He-C 63487, He-C 6350, He-C 6914) which is incorporated herein by reference and I agree to abide by these requirements.”;
“I understand and agree that as a provider, I am responsible for any and all billing invoices submitted by me or on my behalf by my authorized representative, whether user is an employee authorized as a billing representative or authorized billing representative of a management service company.”;
“I understand and agree that any payments made which are based on inaccurate or fraudulent billing, whether submitted by me or by my authorized user will be recovered from me by DHHS.”;
“I understand and agree that it is my responsibility to notify the Division for Children, Youth and Families by contacting Provider Relations when a user no longer requires access to the web billing application.”;
“I understand by submitting an invoice via the Provider Web Billing Application I am certifying that the invoice is true and accurate.”;
“I understand and agree that information obtained via the Provider Web Billing Application is confidential and can be used solely for the purposes of administering Division for Children, Youth and Families (DCYF) Services.”;
“I understand and agree that I am responsible for my authorized representative, employee, and/or any management service company’s use of the Provider Web Billing Application.”; and
“I understand and agree that I must access my web account at least every ninety (90) days or my account will be deactivated.;

(2) If licensed as a foster care provider pursuant to He-C 6446:

a. A copy of the foster parent license;

b. A State of NH Alternate W-9 Form” (October 2016);

c. Form 1862 “Child Care Provider Enrollment” (May 2020);

d. d. Form 1860 “Child Care Provider Agreement,” (May 2020) agreeing to the requirements set forth in He-C 6912.06(b)(4)a.-af.;and

e. Form 2679 “Provider Web-Billing User Account Request” (November 2016) with the following understandings:

“I understand that provider billing requirements are governed by administrative rules (He-C 6339, He-C 6340, He-C 63487, He-C 6350, He-C 6914) which is incorporated herein by reference and I agree to abide by these requirements.”;
“I understand and agree that as a provider, I am responsible for any and all billing invoices submitted by me or on my behalf by my authorized representative, whether user is an employee authorized as a billing representative or authorized billing representative of a management service company.”;
“I understand and agree that any payments made which are based on inaccurate or fraudulent billing, whether submitted by me or by my authorized user will be recovered from me by DHHS.”;
“I understand and agree that it is my responsibility to notify the Division for Children, Youth and Families by contacting Provider Relations when a user no longer requires access to the web billing application.”;
“I understand by submitting an invoice via the Provider Web Billing Application I am certifying that the invoice is true and accurate.”;
“I understand and agree that information obtained via the Provider Web Billing Application is confidential and can be used solely for the purposes of administering Division for Children, Youth and Families (DCYF) Services.”;
“I understand and agree that I am responsible for my authorized representative, employee, and/or any management service company’s use of the Provider Web Billing Application.”; and
“I understand and agree that I must access my web account at least every ninety (90) days or my account will be deactivated.;

(3) If a license-exempt facility based child care program as defined in RSA 170-E:3, I(a), (b), (f), and (g):

a. A completed, signed and notarized Form 2503 “DCYF Central Registry Name Search Authorization” (October 2016);

b. Form 2505 “A Background Check Information and Authorization” (February 2017) certifying the following:

“I understand the Division for Children, Youth and Families, Child Development Bureau will conduct a background check to include but not limited to: NH State Police Criminal Records (age 18 and older); Fingerprint-based criminal record check of the FBI national database (age 18 and older); check of the state and national sex offender registry and; a central registry for child abuse and neglect check (12 years or older) for every state lived in for the past 5 years. This is in accordance with RSA 170-E:3-a, 170-E;7 and federal laws (Adam Walsh Act and Megan’s Law), and is required for all individuals who ae employed or volunteer for licensed-exempt child care center, and who have contact with the children whose care I receive child care reimbursement from the Department.

I understand that the Division for Children, Youth and Families, Child Development Bureau shall check the National and State Sex Offender Registries, the DCYF Central Registry Name Search and the NH State Police Criminal Records and FBI database.

I understand that I am required to complete and submit a notarized NH Health and Human Services Criminal History Records Information Authorization (DSSP372) and a notarized DCYF Central Registry Name Search Authorization (Form 2503) and that my name will be received against the National and State Sex Offender Registries.

I understand that every member of my household, employee or volunteer age 12 and older will submit a notarized DCYF Central Registry Name Search Authorization (Form 2503) and their names will be reviewed against the National and State Sex Offender Registries.

I understand that every member of my household, employee or volunteer age 18 and older will submit a notarized NH Health and Human Services Criminal Record Information Authorization (DSSP372).

I understand that I am required to complete and submit any other background check information forms as required by any state that I have lived in during the past 5 years.

I understand that every member of my household, employee or volunteer age 18 and older is requested to complete and submit any other background check information forms as required by any state that they have lived in during the past five years.

I understand that I am required to complete and submit a new Background Check Information Form (2505) and all required authorizations on the first day that any information in this form changes. For example: someone moves into your home or begins to have contact with children.

I certify that all information on this form is true and complete. Providing falsified information may be grounds for denying enrollment”.;

c. A “State of NH Alternate W-9 Form” (October 2016);

d. Form 1862 “Child Care Provider Enrollment” (May 2020);

e. Form 1860 “Child Care Provider Agreement” (May 2020) agreeing to the requirements set forth in He-C 6912.06(b)(4)a.-af.;and

f. Form 2679 “Provider Web-Billing User Account Request” (November 2016), with the following understandings:

“I understand that provider billing requirements are governed by administrative rules (He-C 6339, He-C 6340, He-C 63487, He-C 6350, He-C 6914) which is incorporated herein by reference and I agree to abide by these requirements.”;
“I understand and agree that as a provider, I am responsible for any and all billing invoices submitted by me or on my behalf by my authorized representative, whether user is an employee authorized as a billing representative or authorized billing representative of a management service company.”;
“I understand and agree that any payments made which are based on inaccurate or fraudulent billing, whether submitted by me or by my authorized user will be recovered from me by DHHS.”;
“I understand and agree that it is my responsibility to notify the Division for Children, Youth and Families by contacting Provider Relations when a user no longer requires access to the web billing application.”;
“I understand by submitting an invoice via the Provider Web Billing Application I am certifying that the invoice is true and accurate.”;
“I understand and agree that information obtained via the Provider Web Billing Application is confidential and can be used solely for the purposes of administering Division for Children, Youth and Families (DCYF) Services.”;
“I understand and agree that I am responsible for my authorized representative, employee, and/or any management service company’s use of the Provider Web Billing Application.”; and
“I understand and agree that I must access my web account at least every ninety (90) days or my account will be deactivated.;

(4) Proof the child care provider and employees have created an account in the “NH Professional Registry” at: https://nhportal.naccrraware.net/nh/;

(5) Proof the child care provider or an authorized representative has completed the mandatory DHHS NH child care scholarship training;

(6) Proof the child care provider and employees completed training in trauma-informed care; and

(7) Review and comply with the child abuse and neglect reporting requirements of RSA 169-C:29-31.

(e) All license-exempt child care providers shall complete and submit, at the time of the live scan fingerprint appointment, notarized Form DSSP372 “New Hampshire Health and Human Services Criminal History Record Information Authorization,” (10/1/16) once every 5 years authorizing DHHS to receive fingerprint and criminal background checks for the provider and all household members, an individual identified in He-C 6920.04(a), and:

(1) For a licensed foster parent who is also a license-exempt provider, the child care provider and all household members when child care is provided in the child care provider’s own home;

(2) For a licensed foster parent who is also a license-exempt provider, the child care provider only, when child care is provided in the child’s own home; and

(3) For a license-exempt facility-based program, the provider and all employees.

(f) All licensed foster care providers shall comply with training requirements in accordance with He-C 6446.

(g) Each license-exempt child care provider and each employee providing supervision of children or required to meet staff-to-child ratios, shall submit proof according to (l) below that the provider and employee has completed a minimum of 6 hours of training in all required health and safety topics as follows:

(1) Prevention and control of infectious diseases;

(2) Prevention of sudden infant death syndrome and use of safe sleeping practices;

(3) Administration of medication, consistent with standards for parental consent;

(4) Prevention of and response to emergencies due to food and allergic reactions;

(5) Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic;

(6) Prevention of shaken baby syndrome and abusive head trauma;

(7) Recognizing and reporting child abuse and neglect;

(8) Emergency preparedness and response planning;

(9) Handling and storage of hazardous materials and the appropriate disposal of biocontaminants;

(10) For providers offering transportation, appropriate precautions in transporting children;

(11) Child development, birth through 12 years; and

(12) Trauma-informed care.

(h) A license-exempt child care provider and each employee working for programs operating 4 months or less, such as a summer or recreational program, who has completed the health and safety requirements listed in (g)(1)-(12) above shall complete a minimum of 2 hours of training in any of the health and safety topics listed in (g)(1)-(12) above.

(i) Child care programs that serve only children attending part-day kindergarten or full-day public school shall be exempt from He-C 6912.11(g)(2) and (6).

(j) Each license-exempt child care provider and employee providing supervision of children or required to meet staff to child ratios, shall submit to DHHS proof according to (l) below that the provider and each employee has current certification in:

(1) Pediatric cardiopulmonary resuscitation (CPR) which shall include instruction in CPR and foreign body airway obstruction management for infants and children by the American Red Cross, American Heart Association, Emergency Care and Safety Institute, National Safety Council, or other nationally recognized organization; and

(2) Pediatric first aid.

(k) CPR and first aid training as specified in (j)(1) and (2) above may be taken via correspondence or online, provided a skill test is performed in person prior to becoming certified.

(l) Each license-exempt provider and employee shall obtain documentation of successful completion of the training in (g) above that includes the following:

(1) The title of the training completed;

(2) The name of the organization offering the training;

(3) The name of the trainer, if applicable;

(4) The name of the employee completing the training;

(5) The date on which the training was completed; and

(6) The duration of the training.

(m) Each license-exempt child care provider and employee shall upload documentation in (l) above to the “NH Professional Registry” located at: https://nhportal.naccrraware.net/nh/;

(n) Each license-exempt child care provider and employee shall complete the required health and safety training and certification in (g) and (j) as follows:

(1) Each newly enrolling license-exempt child care provider and employee shall complete required training prior to enrollment;

(2) Each new employee of a currently enrolled license-exempt center child care provider shall complete the required training within 90 days from the start of employment; and

(3) Each new employee of a currently enrolled license-exempt center child care provider initially hired for 4 months or less or hired in a license-exempt center offering child care services for 4 months or less, such as a summer or recreational program, shall complete the required training within 2 weeks of the start of employment.

(o) The child care provider shall complete and submit to DHHS all forms and the attachments specified in this section. The process shall not be considered complete until all of the information requested have been received, including any signatures required on such forms.

(p) If there are forms or required documentation missing, DHHS shall notify the provider in writing of the items required before the enrollment can be processed.

(q) DHHS shall review all background checks received for child care providers, employees, and household members. If a criminal background check shows the existence of a finding pursuant to He – C 6920.05(a) or a conviction then DHHS shall conduct an investigation pursuant to He-C 6920.07 to determine whether the individual poses a threat to the safety of children pursuant to RSA 170-E:7 and whether the enrollment should be denied.

(r) The child care provider shall submit the applicable forms and documentation listed in this section by email to DCYF providerrelations@dhhs.nh.gov or by mail to:

Department of Health and Human Services

DCYF Provider Relations

129 Pleasant Street

Brown Building 3rd Floor

Concord, NH 03301

(s) DHHS shall review the forms and documents in (d) and (e) above and the results of the background determination in (r) above to determine whether the provider meets all of the qualifications and requirements for enrollment under He-C 6912.

(t) The enrollment application process shall be complete as of the date DHHS makes the determination in (r) above and sends the written notification of the provider’s approval or denial of enrollment. A child care provider shall not be eligible to receive payment prior to the date indicated in the written notification.

(u) If approved, enrollment shall continue for a period of 3 years from the date on the written verification for child care providers.

(v) For a licensed foster care parent enrolling as a license-exempt child care provider, if approved, enrollment shall continue for a period of 2 years from the date on the written verification..

(w) All forms and documentation applicable to the child care provider shall be submitted according to Table 6912.1 below:

Table 6912.1

Forms and Documentation Required for Protective Child Care Enrollment

Form or Document

Licensed

License-Exempt

Licensed Foster Parent

Copy of current N.H. child care license

Copy of current Foster Care license

Form 1860 “Child Care Provider Agreement”

(May 2020 )

Form 1862 “Child Care Provider Enrollment Form” (May 2020)

“State of NH Alternate W-9 Form” (October 2016)

Form 2679 “Provider Web-Billing User Account Request” (November 2016)

“Form 2503 DCYF Central Registry Name Search Authorization”

(October 2016)

Form 2505 “Background Check Information and Authorization”

(February 2017)

DSS P372 “NH Health and Human Services Criminal History Record Information Authorization” (10/1/16)

Health and Safety Training Documentation

First Aid Certification

for Pediatric

Pediatric CPR Certification

(x) An asterisk shown in Table 6912.1 shall mean that, for a provider submitting a copy of a current DHHS child care license for purposes of enrollment, the form or document indicated by the asterisk (*) has been provided during the child care licensing process under He-C 4002, and shall not be required to be resubmitted during the enrollment process.

(y) An “X” shown in Table 6912.1 shall mean that the provider shall submit the required form or document indicated by the “X” during the enrollment process.

(z) DHHS shall assign an enrolled child care provider a unique resource identification number for each child care location to be used for child care scholarship payment.

(aa) An enrolled child care provider shall notify DHHS in writing within 10 calendar days of any change in the information provided on the enrollment forms, background check, or criminal history record information authorization provided in Table 6912.1, except as stated in (ad) below.

(ab) A child care provider who has changed or obtained a new tax identification number shall report the new tax identification number to DHHS as required in (aa) above, and submit an updated copy of the Form 1862, “Child Care Provider Enrollment Form” (May 2020) and an updated “State of NH Alternate W-9 Form” (October 2016);

(ac) After DHHS receives the information in (aa) above and forms documenting a change as required in (ab) above, DHHS shall assign the provider a new resource identification number.

(ad) An enrolled child care provider shall be a vendor of child care services and shall not be considered an employee of DHHS.

(ae) All enrolled child care providers of child care scholarship shall notify DHHS within 2 calendar days if the location of child care services changes.

(af) If a license-exempt child care provider changes the location of child care services from the child’s foster home or the foster parent’s private home, DHHS shall not make payment until background checks required by He-C 6920.04 are completed and received for all household members.

History

#13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.12 Protective Child Care - Maintaining Enrollment {#sec-he-c-6912.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.12}

(a) In order to maintain enrollment, foster care parents that are license-exempt child care providers shall:

(1) Be qualified to receive child care scholarship, as described in, He-C 6912.11(a);

(2) Comply with all requirements in He-C 6912 and He-C 6446;

(3) Maintain a current foster care license;

(4) Provide DHHS with a copy of any new or renewed foster care license issued within 10 days of issuance or receipt; and

(5) Not have had any license issued through DHHS’s revoked.

(b) In order to maintain enrollment license-exempt child care providers and employees providing supervision of children or required to meet staff to child ratios shall:

(1) Be qualified as stated in He-C 6912.11(a), or (b), or (c);

(2) Comply with all the requirements of enrollment in He-C 6912.11;

(3) Complete a minimum of 2 hours of annual professional development in at least one of the training topics listed below and upload the documentation to the NH Professional Registry, except for a licensed foster care provider who shall comply with training requirements in accordance with He-C 6446:

a. Child development;

b. Health and safety or fire safety;

c. Caring for children with exceptionalities;

d. Nutrition;

e. Any child care related courses sponsored or funded by the department;

f. Indoor and outdoor learning environments;

g. Behavior guidance;

h. Leadership, child care administration, or mentoring;

i. Financial management;

j. Working with families;

k. Legal issues in child care;

l. Child abuse and neglect; and

m. Trauma-informed care;

(4) Complete and upload documentation to the NH Professional Registry a minimum of 2 hours of annual professional development in any of the health and safety topics listed in He-C 6912.11 (g)(1)-(12), except for a licensed foster care provider shall comply with training requirements in accordance with He-C 6446;

(5) Programs operating less than 3 months shall comply with (4) above;

(6) Complete trainings, workshops, technical assistance, or college courses allowed as professional development;

(7) Complete and maintain current pediatric first aid and CPR certifications as required by He-C 6912.11 (j)(1)-(3);

(8) Review and comply with the child abuse and neglect reporting requirements of RSA 169-C:29-31;

(9) Review the definition of serious injury He-C 6912.03(ai) and report any serious injury or death that takes place in the child care setting during the child care provider’s hours of operation as follows:

a. In the event of a serious injury a license-exempt provider shall:

Notify the parent(s) immediately;
Notify the department within 48 hours; and
Provide a written report of the nature and circumstances of the serious injury to DHHS within 7 days; and

b. If a child dies while in the care of a license-exempt child care provider, the provider shall:

Notify emergency personnel and the child’s parent(s) immediately;
Notify the department of the death within 24 hours; and
Provide the department with a written report detailing the circumstances which lead up to the death within 72 hours;

(10) In addition to the reporting requirements in (9)(a) and (b) above, upon request provide the department with any other available information regarding the serious injury or death;

(11) Comply with the requirement of an annual announced monitoring visit by DHHS pursuant to He-C 6916 and He-C 6917, except for a licensed foster care provider who shall comply with monitoring requirements in accordance with He-C 6446;

(12) Schedule an annual announced monitoring visit no later than 2 weeks after receiving contact from DHHS to determine compliance with He-C 6916 and He-C 6917, except for a licensed foster care provider who shall comply with monitoring requirements in accordance with He-C 6446;

(13) Complete the professional development specified in (a)(3) and (4) above during each 12- month period not to exceed the DHHS annual monitoring visit date, except for a licensed foster care provider who shall comply with monitoring requirements in accordance with He-C 6446; and

(14) Require all child care employees hired after the DHHS provider enrollment date to complete the professional development specified in (a)(3) and (4) above by the end of each 12- month period based on the individual’s date of hire.

(1) Be qualified to receive NH child care scholarship, as described in He-C 6912.11(c);

(2) Comply with all requirements of enrollment in He-C 6912;

(3) Maintain a current New Hampshire child care license, and be in good standing; and

(4) Provide DHHS with a copy of any new or renewed NH child care license issued within 10 days of issuance or receipt.

History

#13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.13 Protective Child Care Renewal of Enrollment. {#sec-he-c-6912.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.13}

(a) Enrolled child care providers shall renew their enrollment every 3 years from the date of initial enrollment by completing, dating, signing, and submitting to DHHS the forms and documents listed below, except for a licensed foster care provider, who shall comply with requirements in accordance with He-C 6446:

(1) For licensed providers:

a. A copy of a valid New Hampshire child care license or valid permit to operate in accordance with He-C 4002, and be in good standing;

b. A copy of any new or renewed child care license issued within 10 days of issuance or receipt; and

c. Form 1860 “Child Care Provider Agreement,” (May 2020), agreeing to the requirements set forth in He-C 6912.06(b)(4)a.-af and as listed in Tables 6912.1;

(2) For license-exempt providers provide DHHS with:

a. A Form 2503 “DCYF Central Registry Name Search Authorization,” (October 2016) for the child care provider, all employees, or household members;

b. An updated Form 2505 “Background Check Information and Authorization,” (February 2017) certifying the following:

I understand that every member of my household, employee or volunteer age 18 and older will submit a notarized NH Health and Human Services Criminal Record Information Authorization (DSSP372).

I understand that I am required to complete and submit any other background check information forms as required by any state that I have lived in during the past 5 years.

I certify that all information on this form is true and complete. Providing falsified information may be grounds for denying enrollment”; and

c. A Form 1860 “Child Care Provider Agreement,” (May 2020), agreeing to the requirements set forth in He-C 6912.06(b)(4)a.-af; and

(3) Provide proof the child care provider or an authorized representative has retaken the mandatory DHHS child care scholarship training, except for a licensed foster care provider who shall comply with requirements in accordance with He-C 6446.

(b) In addition to (a)(2) above, license-exempt providers shall be in compliance with He-C 6912.12 (a) and (b).

(c) Renewal of enrollment shall remain open when all required forms, records, and checks are received by DHHS if the child care provider submitted all of the required forms on or before the enrollment end date.

(d) Renewal of enrollment shall close if DHHS does not receive all required forms prior to the enrollment end date.

(e) Renewal of enrollment shall be completed as of the date DHHS makes the determination and sends written notification of the provider’s approval of re-enrollment.

History

#13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.14 Access to Child Care Settings {#sec-he-c-6912.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.14}

(a) An enrolled child care provider shall allow a parent access to his or her child(ren) at all times while the child(ren) is in the child care provider’s care, unless allowing access is contrary to a court order or a court-ordered parenting plan.

(b) An enrolled child care provider shall upon request, share information about a child’s needs and progress with the parent or authorized DHHS staff, unless sharing information with the parent is contrary to a court order.

(c) An enrolled child care provider shall allow authorized DHHS staff to visit, during the time a child receives child care, to observe the child to ensure the health or safety of the child in the child care setting.

(d) An enrolled child care provider shall allow authorized DHHS staff to visit during operating hours when DCYF has received a complaint about a child’s health or safety in the child care setting.

History

#13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.15 Authorization Period {#sec-he-c-6912.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.15}

(a) For preventive child care scholarship the comprehensive family support agency shall authorize no more than 4 months of preventive child care services at a time using Form 1902 “Referral for Preventive Child Care Services,” ( June 2017).

(b) For protective child care scholarship:

(1) The CPSW shall authorize up to 6 months of child care services at a time; and

(2) If the protective case closes prior to the end of the 6-month authorization period, the parent(s) with a need for continued child care shall be referred to:

a. The comprehensive family support agency to create a service plan that may include the authorization of preventive child care scholarship; or

b. The district office to apply for employment related child care scholarship.

History

#13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.16 Child Care Scholarship Payment for Preventive and Protective Care {#sec-he-c-6912.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.16}

(a) The full time child care weekly standard rates shall be established by the federally required market rate survey (MRS) of New Hampshire licensed child care center and licensed family child care home rates conducted every 2 years.

(b) Weekly standard rates shall be established for licensed child care centers and licensed family child care homes at:

(1) The 60th percentile of the most recent MRS for birth through 35 months; or

(2) The 55th percentile of the most recent MRS for each age category.

(c) A weekly standard rate for license-exempt child care home providers shall be established at 70% of the licensed family child care home standard rate for each age category.

(d) A weekly standard rate for license-exempt child care centers shall be established at 50% of the licensed child care center standard rate.

(e) The weekly standard rate for licensed and license-exempt child care centers and license and license-exempt family homes shall be proportioned from the full time weekly standard rate for half time and part time child care.

(f) Preventive child care scholarship payments shall be based on the child care scholarship standard rate methodology pursuant to (a)-(e) above and a provider may charge the difference between the weekly standard rate and the child care provider’s actual charge.

(g) Protective child care scholarship payments shall be based on the DHHS weekly standard rate pursuant to (a) – (f) and a provider may charge the difference between the weekly standard rate and the child care provider’s actual charge.

(h) In addition to the standard rates, a supplemental payment of $100.00 full time, $75.00 half time, and $50.00 part time per week shall be paid for a child experiencing a disability or significant special need(s) subject to the verification described in He-C 6912.05(e) and He-C 6912.10 (b).

(i) The supplemental payment in (h) above shall be effective the Monday following the approval date on the Form 2690, “Verification for a Child Experiencing a Disability or Significant Special Need(s)” (May 2020).

(j) When a child’s age in months reaches the beginning of a new age category, that is, 0-17, 18-35, 36-78, or 79-155 months, the payment rate shall be changed effective the Monday following the change in age category.

(k) The child care scholarship payments established pursuant to He-C 6912.16 shall be contingent upon the availability and continued appropriation of sufficient funds for this purpose, and in no event shall DHHS be liable for any payments hereunder in excess of such available appropriated funds.

History

#13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.17 Denial, Disqualification and Termination of Provider Enrollment {#sec-he-c-6912.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.17}

(a) Licensed and license-exempt child care providers shall be denied enrollment or re-enrollment if:

(1) A license-exempt protective child care provider fails to meet all the applicable requirements of He-C 6912.11, He-C 6912.12, He-C 6912.13 and He-C 6920; or

(2) A licensed preventive and protective child care provider fails to meet all of the applicable requirements of He-C 6912.06, He-C 6912.07, He-C 6912.08, He-C 6912.11, He-C 6912.12, and He-C 6912.13.

(b) Enrollment of licensed and license-exempt child care providers shall be terminated if:

(1) The child care provider requests to have his or her enrollment terminated; or

(2) An enrolled child care provider is not providing child care and has not received child care payment from DHHS for the previous 12 consecutive months.

(1) The enrolled child care scholarship provider is convicted of fraud by the court pursuant to RSA 167:17-b;

(2) The enrolled child care scholarship provider does not meet the criteria in (c)(1) above, but has been found to have committed fraud by an investigation conducted by DHHS pursuant to RSA 161:2, XV;

(3) DHHS determines that the health or safety of a child is endangered as a result of:

a. The licensed child care provider’s care, as described in RSA 170-E:4, II, RSA 170-E:7, and He-C 4002.09(i)(1) through (11) ;

b. The license-exempt child care provider’s care as described in RSA 170-E:4, II and the provider fails to comply with the requirements of He-C 6920.08, and RSA 170:3-a ; or

c. The licensed foster care parent as described in RSA 170E:35 and the foster care parent fails to comply with the requirement of He-C 6446.29;

(4) The child care provider is licensed, and the child care license, foster care license, or permit was denied or revoked prior to or during the enrollment period;

(5) There has been a disciplinary action taken by a licensing body in any state;

(6) The child care provider has provided false or misleading statements to DHHS relating to the requirements in He-C 6912;

(7) At any time the child care provider has failed to disclose that any person in the household has been convicted of a crime identified by the background checks or found to have committed child abuse or neglect pursuant to RSA 169-C, or He-C 4002.09, He-C 6920.04, and He-C 6446.26;

(8) The child care provider has provided false or misleading billing documentation, pursuant to He-C 6918.06;

(9) The child care provider has failed to comply with any of the elements of the provider agreement Form 1860, “Child Care Provider Agreement,” (May 2020) as required by He-C 6912.06, He-C 6912.07, He-C 6912.08, He-C 6912.11, He- C 6912.12, and He- C 6912.13;

(10) The child care provider does not comply with He-C 6912, He-C 6914, He-C 6916, He-C 6917, He-C 6918, He-C 6920, He-C 4002 for licensed child care providers, and He-C 6446 for licensed foster parents; or

(11) The child care provider has cared for a child in a manner which endangers/endangered the health, safety, or welfare of the child(ren), in violation of RSA 170-E:4, II.

(d) The child care provider shall be disqualified immediately from enrollment and receive no state funds under the child care scholarship program for a period of not less than 5 years, if any of the following have occurred:

(1) The child care provider has committed fraud, as defined in He-C 6912.03(v) in any program administered by DHHS;

(2) The child care provider has not been convicted of fraud, but DHHS has found the provider has misrepresented information, or made repeated billing errors and failed to comply with any corrective action relating to the billing errors;

(3) The child care provider has had his or her child care license or permit revoked pursuant to RSA 170-E:12, V;

(4) After an investigation by DHHS pursuant to He-C 6920.07, the provider has been found to be in violation of RSA 170-E:12, V and RSA 170-E:35;

(5) The child care provider has billed for child care services provided by another provider or person; or

(6) The child care provider has billed for child care services while not in compliance with child care licensing requirements of He-C 4002 or foster care parent licensing requirements He-C 6446.

(e) The opportunity for informal dispute resolution described by He-C 4002.11 shall not apply to any provider who has been disqualified due to fraud as described in (c) above.

(f) The child care provider who has been disqualified in accordance with (d) above shall be sent a letter from DHHS regarding the disqualification as follows:

(1) The letter shall be sent via certified mail to the provider informing him or her of the date of the disqualification;

(2) The letter shall include the reason(s) for the disqualification; and

(3) The letter shall include information about the provider’s right to appeal the disqualification in accordance with He-C 200.

(g) DHHS shall notify any parent, comprehensive family support agency, or CPSW who is utilizing a provider authorized for payment for child care services pursuant to He-C 6912 and He-C 6910 who has been disqualified by DHHS.

History

#13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.18 Appeals {#sec-he-c-6912.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.18}

(a) A child care provider may appeal a decision made by DHHS within 30 calendar days of the receipt of the notification when:

(1) The application for enrollment has been denied;

(2) Payments have been withheld;

(3) Enrollment has been terminated or not renewed; or

(4) The child care provider has been disqualified.

(b) The request for an appeal shall be made in accordance with He-C 200.

(c) If the child care provider files an appeal in accordance with He-C 200 within 15 calendar days from the date on the notification and requests continuation of a child care scholarship, then a child care scholarship shall continue at the established payment rate.

(d) If the child care provider opted to continue to receive child care scholarship payment during an appeal, and the decision is upheld by the hearings officer, the provider shall repay to DHHS any payment made after the effective date on the letter notifying the provider of his or her non-renewal or termination.

(e) If the hearings officer finds in favor of the child care provider, then the non-renewal or termination shall not take effect.

History

#13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.19 Confidentiality {#sec-he-c-6912.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.19}

(a) Except for law enforcement agencies or in an administrative proceeding against the applicant or enrolled programs, the department shall keep confidential any information collected during an investigation, unless it receives an order to release, destroy, or take any action relating to the information from a court of competent jurisdiction.

(b) Programs shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of children under their care and all facts learned about children and their families with the following exceptions:

(1) Programs shall allow the department access to all records that programs are required by department rule or state statute to keep, and to such records as necessary for the department to determine staffing patterns and staff attendance; and

(2) Programs shall release information regarding a specific child only as directed by a parent of that child, or upon receipt of written authorization to release such information, signed by that child’s parent.

(c) Programs shall discuss or share information regarding the admission, progress, behavior, health, or discharge of a child with the child’s parent(s) in a manner that protects and maintains confidentiality for both the child and the child’s parent(s).

History

#13064, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6912.20 Waiver of Rules {#sec-he-c-6912.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6912.20}

(a) Providers who request a waiver of a requirement in He-C 6912 shall submit a written request to DHHS, which includes the following information:

(1) The program name, address, phone number, and Bridges resource ID number assigned by the department;

(2) The specific reference to the section of the rule for which a waiver is being requested;

(3) An explanation of why a waiver is necessary, the length of time, not to exceed 92 calendar days, for which the waiver is requested, and any effect the granting of the waiver will have on the health or safety of the children in the program;

(4) The number and age range of children who will be affected by the waiver;

(5) A written plan to achieve compliance with the rule or explaining how the provider will satisfy the intent of the rule, if the waiver is granted;

(6) The signature of the enrolled child care provider; and

(7) The signature of the parent or copy of a notice which has been shown to, or mailed to each parent, explaining the waiver request and informing the parent that they may call the department if they have any concerns about the requested waiver.

(b) A waiver shall be granted to the child care provider if the department determines that:

(1) Deviation from compliance with the rule from which the waiver is sought does not contradict the intent of the rule or conflict with statute; and

(2) The alternative proposed ensures that the object or intent of the rule will be accomplished.

(c) When a waiver is approved, the program’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.

(d) The department shall not approve any request for a waiver of any of the provisions relevant to state or federal law or any rules of other state agencies which are referred to in this chapter.

(e) A waiver request shall be denied when any of the following occurs:

(1) The department finds that approval of the requested waiver will jeopardize the health or safety of children;

(2) The department finds that approval of the requested waiver will impair the program’s ability to adequately care for children; or

(3) The departments finds that approval of the requested waiver will impair the operations of the program.

(f) A waiver shall be granted in writing for the length of time requested in (a)(3) above from the date the waiver was granted.

History

#13064, eff 7-1-20

Part He-C 6914 Child Care Provider Enrollment Requirements

N.H. Code Admin. R. Ann. He-C 6914.01 Purpose {#sec-he-c-6914.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6914.01}

The purpose of this part is to identify the requirements to become a child care provider of licensed and license-exempt child care services for the department of health and human services (department).

History

#12223, eff 7-10-17; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6914.02 Scope {#sec-he-c-6914.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6914.02}

This part shall apply to licensed and license-exempt child care providers who receive financial reimbursement from the department for those families utilizing employment related, preventive, or protective child care services.

History

#12223, eff 7-10-17; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6914.03 Definitions {#sec-he-c-6914.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6914.03}

(a) “Agency” means the board of directors, executive director, and employees of an organization that is incorporated and recognized by the NH secretary of state.

(b) “Caretaker relative” means a relative, who is not the biological or adoptive parent of a child, but is providing care and supervision of the child in the assistance group.

(c) “Child care” means the act of providing safe and healthy care, including supervision, food, activity, and rest for a child for any portion of a 24-hour day, in order to promote healthy child development.

(d) “Child care provider” means a provider of non-residential child care services, including center-based, family-based, and in-home child care services, for compensation that is legally operating under state law, and complies with applicable state and local requirements for the provision of child care services.

(e) “Child care scholarship” means payment to a child care provider on behalf of a family who meets the eligibility criteria of He-C 6910 and He-C 6912.

(f) “Commissioner” means the commissioner of the New Hampshire department of health and human services or designee.

(g) “Conflict of interest” means “conflict of interest” as defined in RSA 21-G:21, II.

(h) “Department ” means the department of health and human services of the state of New Hampshire.

(i) “Employee” means any individual who is employed by a child care provider for compensation or anyone whose activities involve the care or supervision of children for a child care provider or have unsupervised access to children.

(j) “Enrolled child care provider” means a child care provider who has met the requirements found in He-C 6914 and is authorized to receive payment for services from the department. The term includes the definition of “registered provider” pursuant to RSA 170-E:6-a.

(k) “Family” means a child(ren) and an adult(s) who reside in the same household and who have a birth, foster, step, adoptive, legal guardianship, or caretaker relative relationship.

(l) “Foster parent” means an individual who has a license or permit for foster family care pursuant to He-C 6446.

(m) “Fraud” means “fraud” as defined in RSA 167:58, IV.

(n) “Friend or neighbor provider” means a provider who cares for any number of the provider’s own children, whether related biologically or through adoption, and up to 3 additional children regularly for any part of the day, but less than 24 hours.

(o) “Good standing” means licensed child care providers are not in violation of He-C 4002.

(p) “Legal guardian” means an individual who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of the child(ren).

(q) “Licensed” means a child care provider has been issued a license to operate by the commissioner of the department, in accordance with RSA 170-E, or has been issued a license to legally operate as a child care provider in accordance with the licensing requirements of a state neighboring New Hampshire.

(r) “License-exempt facility-based program” means ” a license-exempt child care provider pursuant to RSA 170-E:3, I(f) and (g).

(s) “License-exempt in home provider” means a person who is:

(1) Providing child care in a private home;

(2) Exempt from licensure pursuant to RSA 170-E:3; and

(3) Either a relative provider, a friend, or a neighbor provider.

(t) “NH Bridges” means the automated case management, information, tracking, and reimbursement system used by the department.

(u) “NH Connections Information System” means an online portal for child care staff to access professional development opportunities, complete background record checks, and allow child care program directors to manage staff requirements and respond to program monitoring results.

(v) “NH Connections” means the consumer-facing website that provides child care information and resources to families and child care providers.

(w) “Notification” means a written or printed document that advises:

(1) Families of:

a. The results of eligibility determinations; and

b. Other changes in child care scholarship; or

(2) Providers of:

a. Changes to a family’s child care scholarship, as applicable;

b. The maintenance of the child care provider’s enrollment status; and

c. Other information related to the child care provider’s compliance with these rules.

(x) “Parent” means an individual who has a birth, adoptive, or step-parent relationship to the child(ren), a foster parent as defined in (l) above, a legal guardian as defined in (p) above, or a caretaker relative as defined in (b) above.

(y) “Relative” means grandparents, great grandparents, siblings who live in a separate residence, or aunts and uncles, pursuant to 45 CFR 98.41(a)(1)(i)(B)(1).

(z) “Serious injury” means any injury that occurs to a child while receiving child care services from a licensed or license-exempt child care provider that requires medical treatment by a physician or other health care professional, hospitalization, or pediatric cardiopulmonary resuscitation (CPR) performed on the child while the child is in care.

History

#12223, eff 7-10-17; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

(a) To be eligible to be enrolled, a child care provider shall meet the following qualifications:

(1) Be 18 years of age or older;

(2) Meet the definition of licensed pursuant to He-C 6914.03(q) or the definition of license-exempt pursuant to He-C 6914.03(r) and (s);

(3) Maintain liability insurance or provide a disclosure to parents that the program is uninsured pursuant to RSA 170-E:6-b;

(4) Review and comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;

(5) The child care provider and the provider’s employees shall not have a conflict of interest;

(6) Not be the parent of a child for whom the provider is providing care unless the child is receiving protective child care provided by a licensed foster parent as approved by the department;

(7) Not be a member of the same residence as the parent or child(ren) receiving child care scholarship unless:

a. The child(ren) is in foster care and receiving protective child care scholarship; and

b. Where the “residence” is a dwelling which:

Has a separate bathroom and kitchen;
Has a separate entrance and mailing address; and
For which there are independent living expenses including one or more of the following:

(i) Electricity billing statement for the address identified in b. above;

(ii) Gas or oil billing statement for the address identified in b. above; or

(iii) A lease agreement stating that any of above costs are included in the payment of rent;

(8) If license-exempt shall complete a background record check in compliance with He-C 6920 and:

a. If home based:

Submit to an annual announced monitoring visit as defined in He-C 6916.03 prior to department enrollment; and
Comply with all the minimum standards for health and safety as required by He-C 6916; or

b. If facility based:

Submit to an annual announced monitoring visit as defined in He-C 6917.03; and
Comply with the minimum standards for health and safety as required by He-C 6917;

(9) Not have had any permit or license issued through the department’s child care licensing unit (CCLU) revoked; and

(10) If licensed, have a valid New Hampshire child care license or valid permit to operate in accordance with He-C 4002, and be in good standing.

(b) In addition to being qualified under He-C 6914.04(a) above, a child care provider seeking to be enrolled shall complete and submit to the department the following documentation for each child care location:

(1) If a licensed child care provider:

a. A copy of the provider’s current child care license issued by CCLU;

b. “State of New Hampshire Alternate W-9 Form” (11/2/2021);

c. Form 1862 “Child Care Provider Enrollment” (March 2025); and

d. Form 1860 “Child Care Provider Agreement” (March 2025);

(2) If a license-exempt family child care provider:

a. “State of New Hampshire Alternate W-9 Form” (11/2/2021);

b. Form 1862 “Child Care Provider Enrollment” (March 2025); and

c. Form 1860 “Child Care Provider Agreement” (March 2025); or

(3) If a license-exempt center child care provider as defined in RSA 170-E:3, I(a), (b), (f), and (g):

a. “State of New Hampshire Alternate W-9 Form” (11/2/2021);

b. Form 1862 “Child Care Provider Enrollment” (March 2025); and

c. Form 1860 “Child Care Provider Agreement” (March 2025).

(d) Each licensed and license-exempt child care provider and their employees shall create an account in the “NH Connections Information System (NHCIS)” at https://new-hampshire.my.site.com/nhccis/s/login/.

(e) All child care staff who are responsible for the supervision of children including program directors shall submit proof according to (k) below that the provider and employee has completed a minimum of 6 hours of training in total in all required health and safety topics listed below:

(1) Prevention and control of infectious diseases, including immunizations as referenced in He-C 6916.10(h), (i), (j), and (k) and He-C 6917.10(l), (m), (n), and (o);

(2) Prevention of sudden infant death syndrome, shaken baby syndrome, and abusive head trauma and use of safe sleeping practices;;

(3) Administration of medication, consistent with standards for parental consent;

(4) Prevention of and response to emergencies due to food and allergic reactions;

(5) Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic;

(6) Prevention of child maltreatment;

(7) Recognizing and reporting child abuse and neglect;

(8) Emergency preparedness and response planning that shall include all requirements as listed in He-C 6916.07 and He-C 6917.07;

(9) Handling and storage of hazardous materials and the appropriate disposal of biocontaminants;

(10) For providers offering transportation, appropriate precautions in transporting children; and

(11) Child development for birth through 12 years including the major domains pursuant to 45 CFR 98.44(b)(1)(iii):

a. Cognitive;

b. Social;

c. Emotional;

d. Physical development; and

d. Approaches to learning.

(f) A license-exempt child care provider and each employee working for programs operating 4 months or less, such as a summer or recreational program, who has completed the health and safety requirements listed in He-C 6914.04(e)(1)-(11) shall complete a minimum of 2 hours of professional development in any of the health and safety topics listed in He-C 6914.04(e)(1)-(11).

(g) Child care programs that serve only children attending part day kindergarten or full-day public school shall be exempt from He-C 6914.04(e)(2).

(h) All child care staff who are responsible for the supervision of children including program directors shall submit proof according to (k) below to the department that the provider and each employee has current certification in:

(1) CPR which shall include instruction in CPR and foreign body airway obstruction management for infants and children by the American Red Cross, American Heart Association, Emergency Care and Safety Institute, National Safety Council, or other nationally recognized organization; and

(2) Pediatric first aid.

(i) CPR and first aid training as specified in (h)(1) and (h)(2) above may be taken via correspondence or online, provided a skill test is performed in person prior to becoming certified.

(j) Each license-exempt provider and employee shall obtain documentation of successful completion of the training in (e) above that includes the following:

(1) The title of the training completed;

(2) The name of the organization offering the training;

(3) The name of the trainer, if applicable;

(4) The name of the employee completing the training;

(5) The date on which the training was completed; and

(6) The duration of the training.

(k) Each license-exempt child care provider and employee shall upload documentation in (e) and (h) above to NHCIS located at https://new-hampshire.my.site.com/nhccis/s/login.

(l) Each license-exempt child care provider and employee, shall complete the required health and safety training and certification in (e) and (h) as follows:

(1) Each newly enrolling license-exempt child care provider and employee shall complete required training prior to enrollment;

(2) Each new employee of a currently enrolled license-exempt center provider shall complete the required training within 90 days from the start of employment; and

(m) Each license-exempt child care provider shall schedule an annual announced monitoring visit no later than 2 weeks after receiving contact from the department to determine compliance with He-C 6916 and He-C 6917 except when:

(1) The child(ren) are cared for in the child’s own home by a relative with no additional children who are not related to the child(ren) being cared for; or

(2) The child(ren) are cared for by a relative in the relative’s own home with no additional children who are not related to the child(ren) or provider.

(n) If the license-exempt child care provider is exempt from (m) above, the provider and where applicable, the parent, shall complete, sign, date, and submit to the department Form 2692 “Health and Safety Self-Certification” (March 2025) certifying the following:

“The home has working smoke detectors and fire extinguishers on all floors.

The child care provider does not use corporal punishment. Corporal punishment means the use of physical force, physical restraint, or physical actions against a child as a means of discipline.

The child care provider will allow the parent or guardian unlimited access to the children while in the provider’s care.

The child care provider must be free of communicable diseases; be physically able and mentally capable of caring for the children.

The home has been checked (including indoor care areas and yard) and is safe for children. Children are protected from dangers such as standing bodies of water including pools and spas, electrical outlets, stairs, poisonous materials, medications, guns, and ammunition. A self-assessment checklist is available through the “NH Connections” website at https://www.nh-connections.org/.

The provider has access to a telephone and emergency telephone numbers are readily accessible.

Provider’s Statement: I certify all information provided and contained on this form are true and accurate to the best of my knowledge. If I am providing child care to a related child in my home, I certify that my home meets the basic health and safety requirements listed in Section 3. I understand that health and safety training resources are available at https://www.nh-connections.org/ and through NHCIS at https://new-hampshire.my.site.com/nhccis/s/login.

Parent/Guardian’s Statement: I have approved the person named on this form to care for my children. I understand all information provided and contained on this form are true and accurate to the best of my knowledge. I understand that it is my responsibility to make sure the child care provided to my children and the place where care is provided is safe. I understand that the State of NH will not monitor the safety of the child care provided. I take full responsibility for the child care provided by this child care provider.”

(o) A child care provider shall complete and submit to the department all forms and attachments specified in this section.

(p) The child care provider shall submit the applicable forms and documentation listed in this section through NHCIS or by mail to:

Department of Health and Human Services

Bureau of Child Development and Head Start Collaboration

129 Pleasant Street

Concord, NH 03301

(q) If there are forms or required documentation missing, the department shall notify the provider in writing of the items required before the enrollment can be processed.

(r) The enrollment process shall be considered complete when:

(1) All forms and attachments specified in this section are submitted to the department, including any signatures required on such forms; and

(2) If applicable, the department announced monitoring visit referenced in (m) above, has been conducted by CCLU.

(s) The enrollment date shall be effective the date the department announced monitoring visit was conducted and deemed to meet the requirements of He-C 6916 or He-C 6917, except license-exempt providers pursuant to (m)(1) and (2) above, the effective date shall be when all forms and attachments specified in this section are submitted to the department, including Form 2692 “Health and Safety Self-Certification” (March 2025).

(t) The department shall review all background checks received for child care providers, employees, and household members. If a criminal background check shows the existence of a finding or a conviction, the department shall conduct an investigation pursuant to He-C 6920.07 to determine whether the individual poses a threat to the safety of children pursuant to RSA 170-E:7 and whether the enrollment should be denied.

(u) The forms and documents in (r) above and the results of the background determination in (t) above shall be reviewed by the department to determine whether the provider meets all of the qualifications and requirements for enrollment under He-C 6914.

(v) The enrollment process shall be complete as of the date the department makes the determination in (u) above and sends the written notification of the provider’s approval or denial of enrollment. A child care provider shall not be eligible to receive payment prior to the date indicated in the written notification.

(w) If approved, enrollment shall continue for a period of 3 years from the date on the written verification.

(x) The department shall assign an enrolled child care provider a unique resource identification number for each child care location to be used for child care scholarship payment.

(y) An enrolled child care provider shall notify the department in writing within 10 calendar days of any change in the information provided on the enrollment forms, background check, or criminal history record information as defined in He-C 6920.03(i), except as stated in (ad) below.

(z) A child care provider who has changed or obtained a new tax identification number shall report the new tax identification number to the department as required in (y) above and complete and submit a copy of the Form 1862, “Child Care Provider Enrollment Form” (March 2025) and “State of New Hampshire Alternate W-9 Form”(11/2/21).

(aa) After the department receives the information and forms documenting a change as required in (z) above, the department shall assign the provider a new resource identification number as described in (x) above.

(ab) If a child care provider has had their child care license under He-C 4002 denied or suspended, the department shall review the documentation of the license denial or suspension from CCLU, to determine if the child care provider meets the qualifications of a license-exempt provider in accordance with He-C 6914 and RSA 170-E:3.

(ac) An enrolled child care provider shall be a vendor of child care services and shall not be considered an employee of the department.

(ad) All enrolled child care providers of child care scholarship shall notify the department within 2 calendar days if the location of child care services changes.

(ae) If a license-exempt child care provider changes the location of child care services from the child’s own home to the provider’s private home, the department shall not make payment until background checks required by He-C 6920.04 are completed and received for all household members.

History

#12223, eff 7-10-17; amd by #12536, eff 5-24-18; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

(a) In order to maintain enrollment, license-exempt child care providers and employees providing supervision of children, or who are required to meet staff to child ratios, shall:

(1) Be qualified as stated in He-C 6914.04(a);

(2) Comply with all the requirements of enrollment in He-C 6914.04;

(3) Complete a minimum of 2 hours of annual professional development in at least one of the training topics listed below and upload documentation to NHCIS:

a. Child development;

b. Health and safety or fire safety;

c. Caring for children with exceptionalities;

d. Nutrition;

e. Any child care related courses sponsored or funded by the department;

f. Indoor and outdoor learning environments;

g. Behavior guidance;

h. Leadership, child care administration, or mentoring;

i. Financial management;

j. Working with families;

k. Legal issues in child care;

l. Child abuse and neglect; and

m. Trauma-informed care;

(4) Complete a minimum of 2 hours of annual professional development in any of the health and safety topics listed in He-C 6914.04(e)(1)-(11) and upload the documentation to NHCIS;

(5) Complete the professional development specified in (a)(3) and (4) above during each 12-month period prior to the department annual monitoring visit date;

(6) Complete, for programs operating 4 months or less, a minimum of 2 hours of professional development in any of the health and safety topics listed in He-C 6914.04(e)(1)-(11) in lieu of the training requirements in He-C 6914.05(a)(3)-(4);

(7) Be permitted to complete trainings, workshops, technical assistance, or college courses as professional development;

(8) Complete and maintain current pediatric first aid and CPR certifications as required by He-C 6914.04(h);

(9) Complete, every 5 years, a full background record check through NHCIS;

(10) Review and comply with the child abuse and neglect reporting requirements of RSA 169-C:29-31;

(11) Review the definition of serious injury as defined in He-C 6914.03(z) and report any serious injury or death that takes place in the child care setting during the child care provider’s hours of operation as follows:

a. In the event of a serious injury a license-exempt provider shall:

Notify the parent(s) immediately;
Notify the department within 48 hours; and
Provide a written report of the nature and circumstances of the serious injury to the department within 7 days; and

b. If a child dies while in the care of a license-exempt child care provider, the provider shall:

Notify emergency personnel and the child’s parent(s) immediately;
Notify the department of the death within 24 hours; and
Provide the department with a written report detailing the circumstances which lead up to the death within 72 hours;

(12) Provide the department with any other available information, as requested, regarding a serious injury or death reported described in (10) above;

(13) Comply with the requirements of He-C 6914.04(m) and (n); and

(14) Schedule an annual announced monitoring visit no later than 2 weeks after receiving contact from the department to determine compliance with He-C 6916 and He-C 6917, except for He-C 6914.04(m)(1) or (2).

(b) In order to maintain enrollment, licensed child care providers shall:

(1) Be qualified to receive NH child care scholarship, as described in He-C 6914.04(a);

(2) Comply with all requirements of enrollment in He-C 6914;

(3) Maintain a current New Hampshire child care license and be in good standing; and

(4) Provide the department with a copy of any new or renewed NH child care license issued within 10 days of issuance or receipt.

(c) All enrolled child care providers of child care scholarship shall notify the department within 2 calendar days if the location of child care services changes and complete and submit the following:

(1) If a licensed child care provider, a copy of the provider’s current child care license issued by CCLU, “State of New Hampshire Alternate W-9 Form” (11/2/2021), and Form 1862 “Child Care Provider Enrollment” (March 2025); or

(2) If a license-exempt child care provider, schedule an annual announced monitoring visit no later than 2 weeks after receiving contact from the department to determine compliance with He-C 6916 and He-C 6917, “State of New Hampshire Alternate W-9 Form” (11/2/2021), and Form 1862 “Child Care Provider Enrollment” (March 2025).

History

#12223, eff 7-10-17; ss by #12536, eff 5-24-18; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

(a) Enrolled child care providers shall renew their enrollment every 3 years from the date of their previous enrollment, by submitting to the department the following:

(1) For licensed providers:

a. A valid New Hampshire child care license or valid permit to operate in accordance with He-C 4002, and be in good standing;

b. A copy of any new or renewed child care license issued within 10 days of issuance or receipt; and

c. A completed Form 1860 “Child Care Provider Agreement” (March 2025);

(2) For license-exempt providers:

a. A completed Form 1860 “Child Care Provider Agreement” (March 2025); and

b. A completed Form 2692 “Health and Safety Self-Certification” (March 2025).

(b) In addition to (a)(2) above, license-exempt providers shall be in compliance with He-C 6914.05(a).

(c) Renewal of enrollment shall remain open when all required forms, records, and checks are received by the department on or before the enrollment end date referenced in (a) above.

(d) Renewal of enrollment shall close if all required forms are not received by the department prior to the enrollment end date referenced in (a) above.

(e) Renewal of enrollment shall be completed as of the date the department makes the determination and sends written notification of the provider’s approval of re-enrollment.

History

#12223, eff 7-10-17; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6914.07 Access to Child Care Settings {#sec-he-c-6914.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6914.07}

(a) An enrolled child care provider shall allow a parent access to their child(ren) at all times while the child(ren) is in the child care provider’s care, unless allowing access is contrary to a court order or a court-ordered parenting plan.

(b) An enrolled child care provider shall upon request, share information about a child’s needs and progress with the parent or authorized department staff, unless sharing information with the parent is contrary to a court order.

(c) An enrolled child care provider shall allow authorized department staff to visit, during the time a child receives child care, to observe the child to ensure the health or safety of the child in the child care setting.

(d) An enrolled child care provider shall allow authorized department staff to visit during operating hours when DCYF has received a complaint about a child’s health or safety in the child care setting.

History

#12223, eff 7-10-17; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6914.08 Denial, Disqualification, and Termination of Provider Enrollment {#sec-he-c-6914.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6914.08}

(a) Licensed and license-exempt child care providers shall be denied enrollment or re-enrollment if:

(1) A license-exempt child care provider fails to meet all the applicable requirements of He-C 6914.04, He-C 6914.05, He-C 6914.06, and He-C 6920; or

(2) A licensed child care provider fails to meet all of the applicable requirements of He-C 6914.04, He-C 6914.05, and He-C 6914.06.

(b) Enrollment of licensed and license-exempt child care providers shall be terminated if:

(1) The child care provider requests to have their enrollment terminated;

(2) An enrolled child care provider is not providing child care and has not received child care payment from the department for the previous 12 consecutive months;

(3) An enrolled child care provider does not comply with He-C 6910, He-C 6912, He-C 6914, He-C 6916, He-C 6917, He-C 6918, and He-C 6920; or

(4) An enrolled child care provider has cared for a child in a manner which endangers or endangered the health, safety, or welfare of the child(ren), in violation of RSA 170-E:4, II.

(1) The enrolled child care provider is convicted of fraud by the court pursuant to RSA 167:17-b;

(2) The enrolled child care provider does not meet the criteria in (c)(1) above, but has been found to have committed fraud by an investigation conducted by the department pursuant to RSA 161:2, XV;

(3) The department determines the health or safety of a child is endangered as a result of:

a. The licensed child care provider’s care, as described in RSA 170-E:4, II, RSA 170-E:7, He-C 4002.09(i)(1) through (11); or

b. The license-exempt child care provider’s care as described in RSA 170-E:4, II and the provider fails to comply with the requirements of He-C 6920.08, and RSA 170-E:3-a;

(4) The child care provider is licensed, and the child care license or permit was denied or revoked prior to or during the enrollment period;

(5) There has been a disciplinary action taken by a licensing body in any state;

(6) The child care provider has provided false or misleading statements to the department relating to the requirements in He-C 6914;

(8) The child care provider has provided false or misleading billing documentation, pursuant to He-C 6918.06; or

(9) The child care provider has failed to comply with any of the elements of the provider agreement Form 1860, “Child Care Provider Agreement” (March 2025) as required by He-C 6914.04, He-C 6914.05, or He-C 6914.06 as applicable.

(1) The child care provider has committed fraud, as defined in He-C 6914.03, in any program administered by the department;

(2) The child care provider has not been convicted of fraud, but the department has found the provider has misrepresented information or made repeated billing errors and failed to comply with any corrective action relating to the billing errors;

(3) The child care provider has had their child care license or permit revoked pursuant to RSA 170-E:12, V;

(4) After an investigation by the department pursuant to He-C 6920.07, the provider has been found to be in violation of RSA 170-E:12, V;

(5) The child care provider has billed for child care services provided by another provider or person; or

(6) The child care provider has billed for child care services while not in compliance with child care licensing requirements of He-C 4002.

(e) The opportunity for informal dispute resolution described by He-C 4002.11 shall not apply to any provider who has been disqualified due to fraud as described in (c) above.

(f) The child care provider who has been disqualified in accordance with (d) above shall be sent a written letter from the department regarding the disqualification as follows:

(1) The letter shall be sent via certified mail to the provider informing the provider of the date of the disqualification;

(2) The letter shall include the reason(s) for the disqualification; and

(3) The letter shall include information about the provider’s right to appeal the disqualification in accordance with He-C 200.

(g) The department shall notify any parent, who is utilizing a provider authorized for payment for child care services pursuant to He-C 6910 and He-C 6912 if a provider has been disqualified by the department.

History

#12223, eff 7-10-17; amd by #12536, eff 5-24-18; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6914.09 Appeals {#sec-he-c-6914.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6914.09}

(a) A child care provider may appeal a decision made by the department within 30 calendar days of the receipt of the notification when:

(1) The application for enrollment has been denied;

(2) Payments have been withheld;

(3) Enrollment has been terminated or not renewed; or

(4) The child care provider has been disqualified.

(b) The request for an appeal shall be made in accordance with He-C 200.

(d) If the child care provider opted to continue to receive child care scholarship payment during an appeal, and the decision is upheld by the hearings officer, the provider shall repay to the department any payment made after the effective date on the letter notifying the provider of their non-renewal or termination.

(e) If the hearings officer finds in favor of the child care provider, then the non-renewal or termination shall not take effect.

History

#12223, eff 7-10-17; amd by #12536, eff 5-24-18; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6914.10 Confidentiality {#sec-he-c-6914.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6914.10}

(a) Except for law enforcement agencies or in an administrative proceeding against the applicant or enrolled providers, the department shall keep confidential any information collected during an investigation, unless it receives an order to release, destroy, or take any action relating to the information from a court of competent jurisdiction.

(b) A child care provider shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of children under the provider’s care and all facts learned about children and their families with the following exceptions:

(1) A child care provider shall allow the department access to all records that providers are required by department rule or state statute to keep, and to such records as necessary for the department to determine staffing patterns and staff attendance; and

(2) A child care provider shall release information regarding a specific child only as directed by a parent of that child, or upon receipt of written authorization to release such information, signed by that child’s parent.

(c) A child care provider shall discuss or share information regarding the admission, progress, behavior, health, or discharge of a child with the child’s parent(s) in a manner that protects and maintains confidentiality for both the child and the child’s parent(s).

History

#13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6914.11 Waiver Request {#sec-he-c-6914.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6914.11}

(a) A child care provider who requests a waiver of a requirement in He-C 6914 shall submit a written request to the department, which includes the following information:

(1) The child care program name or provider’s name, address, phone number, and NH Bridges resource ID number assigned by the department;

(2) The specific reference to the section of the rule for which a waiver is being requested;

(3) An explanation of why a waiver is necessary, the length of time for which the waiver is requested, not to exceed 92 calendar days, and any effect the granting of the waiver will have on the health or safety of the children in the program;

(4) The number and age range of children who will be affected by the waiver;

(5) A written plan to achieve compliance with the rule or explaining how the provider will satisfy the intent of the rule, if the waiver is granted;

(6) The signature of the enrolled child care provider; and

(7) The signature of the parent or copy of a notice which has been shown to, or mailed to, each parent explaining the waiver request and informing the parents that they may call the department if they have any concerns about the requested waiver.

(b) A waiver shall be granted to the child care provider if:

(1) The department concludes that authorizing deviation from compliance with the rule from which the waiver is sought does not contradict the intent of the rule or conflict with statute; and

(2) The written plan ensures that the object or intent of the rule will be accomplished.

(d) The department shall not approve any request for a waiver of any of the provisions relevant to state or federal law or any rules of other state agencies which are referred to in this chapter.

(e) A waiver request shall be denied when any of the following occurs:

(1) The department finds that approval of the requested waiver will jeopardize the health or safety of children;

(2) The department finds that approval of the requested waiver will impair the provider’s ability to adequately care for children; or

(3) The department finds that approval of the requested waiver will impair the operations of the provider.

(f) A waiver shall be granted in writing for the duration of time requested in (a)(3) above, from the date the waiver was granted.

History

#13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

Part He-C 6916 Health and Safety Rules for Facility Based License-Exempt Child Care Providers Receiving Child Care Scholarship

N.H. Code Admin. R. Ann. He-C 6916.01 Purpose {#sec-he-c-6916.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.01}

The purpose of this part is to set forth the minimum standards for health and safety requirements for license-exempt child care providers who provide child day care services for children and families receiving child care scholarship, pursuant to RSA 170-E:6-a, RSA 170-E:3, I(f) and (g), and 45 CFR Part 98.41 and 98.42.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.02 Scope {#sec-he-c-6916.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.02}

This part shall apply to any license-exempt facility-based child care program providing child day care services to families receiving child care scholarship, pursuant to He-C 6914, and is exempt from licensure, pursuant to RSA 170-E:3, I(f) and (g).

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.03 Definitions {#sec-he-c-6916.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.03}

(a) “Authorized representative” means an individual who is designated or authorized by a child care provider to act on behalf of that provider in matters related to billing the department of health and human services (DHHS) for child care services provided, and is not the parent of a child in the facility-based program’s care who is receiving child care scholarship.

(b) “Caretaker relative” means a relative, who is not the biological or adoptive parent of a child, but is providing care and supervision of the child in the assistance group.

(d) “Child care” means the act of providing supervision, food, activity, and rest for a child for any portion of a 24-hour day apart from the child’s parent, caretaker relative, or legal guardian, in order to promote healthy child development and assist the child’s parent, caretaker relative, or legal guardian in preparing for, securing, or maintaining employment or employment-related education or training.

(e) “Commissioner” means “the commissioner of the department of health and human services,” as defined in RSA 170-E:2, V.

(f) “Corporal punishment” means the intentional infliction of physical pain by any means for the purpose of punishment, correction, discipline, instruction, or any other reason.

(g) “Department” means “the department of health and human services” as defined in RSA 170-E:2, VII.

(h) “Developmentally appropriate” means actions, environment, equipment, supplies, communications, interactions, or activities that are based on the developmental level and abilities, the family culture, and the individual needs of each child in care.

(i) “Enrolled child care provider” means a child care provider who has met the requirements found in He-C 6914 and is authorized to receive payment for services from the department.

(j) “Facility-based program” or “program” means a license-exempt child care provider, pursuant to RSA 170-E:3, I (f) and(g), that is enrolled as a child care provider pursuant to He-C 6914.

(k) “Foster parent” means an individual who has a license or permit for foster family care, pursuant to He-C 6446.

(l) “Legal guardian” means an individual who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of a child.

(m) “Monitoring statement” means a written report issued by the department detailing the results of a monitoring visit conducted by the department.

(n) “Monitoring visit” means “monitoring visit” as defined in RSA 170-E:2, X, namely “a visit made to the child day care agency by department personnel for the purpose of assessing compliance with the standards set by rule adopted by the commissioner pursuant to RSA 541-A.”

(o) “NH professional registry” means New Hampshire’s password-protected electronic database designed to support and track professional development for the early childhood and school age child care workforce pursuant to He-C 6914.04(k).

(p) “Parent” means an individual who has a birth, adoptive, or stepparent relationship to the child, a foster parent as defined in (k) above, a legal guardian as defined in (l) above, or a caretaker relative as defined in (b) above.

(q) “Program improvement plan” means a written plan, developed by a program, and approved by the department, in response to a monitoring statement, stating how the program will come into compliance with the rules.

(r) “Staff” means the employees of a facility-based program who provide supervision of children or who are required to meet staff-to-child ratios.

(s) “Supervision” means being present with children in child care, knowing the identities of children in care, the number of children present and their whereabouts, observing their activities, and being in close enough proximity to have all children within sight or hearing allowing intervention, if needed, to safeguard each child from accident or injury.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.04 Pre-Service Trainings and Annual Professional Development {#sec-he-c-6916.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.04}

(a) All staff shall complete pre-service trainings in accordance with He-C 6914.04.

(b) Annual professional development shall be completed in accordance with He-C 6914.04, in that all staff shall:

(1) Complete 2 hours of professional development in any of the health and safety topics listed in He-C 6914.04(e) and He-C 6914.04(h);

(2) Complete 2 hours of professional development in any of the topics listed in He-C 6914.05(a)(3); and

(3) Upload documentation of completion of professional development in (b)(1) and (2) above to the NH professional registry.

(c) For staff hired on or prior to the date that the facility-based program initially enrolls with DHHS to receive child care scholarship pursuant to He-C 6914, the annual period for professional development shall begin on the DHHS enrollment date.

(d) For staff hired after the date that the facility-based program initially enrolls with DHHS to receive child care scholarship pursuant to He-C 6914, the annual period for professional development shall begin on the date of hire of each individual staff person.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.05 Building and Physical Premises Safety {#sec-he-c-6916.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.05}

(a) Both indoor and outdoor premises shall be safe, clean, free of clutter, and in good repair.

(b) Programs shall maintain the child care environment and ensure the indoor space is:

(1) Free from electrical hazards, such as overloaded outlets or extension cords, frayed, cracked, or crimped cords, or unprotected outlets;

(2) Free from fire hazards;

(3) Well-ventilated by means of unobstructed mechanical ventilation system or open screened window;

(4) Free from guns, weapons, or live or spent ammunition which are not in locked storage;

(5) Free from accessible knives and sharp objects unless the object is being used under the direct supervision of a staff member;

(6) Free from heavy furnishings or other heavy items that could easily tip or fall on children and would be likely to cause injury;

(7) Free from accessible loose and flaking paint;

(8) Well-lit to allow for the supervision of children and for child care staff and children to move about safely;

(9) Free from damp conditions which result in visible mold, mildew, or a musty odor;

(10) Free from poisonous plants;

(11) Free from trampoline use during child care hours, with the exception of small indoor trampolines intended for individual use with direct staff supervision only; and

(12) Free from accessible items labeled “keep of out of reach of children” unless the item is non-toxic and being used under the direct supervision of a staff member.

(c) All windows used for ventilation shall include screens in good repair, to prevent insects from entering the building. Windows and glass doors shall be constructed, adapted, or adjusted via the use of window guards or other means to prevent injury to children.

(d) Stairways with more than 3 steps shall be equipped with handrails.

(e) Construction, remodeling, or alteration of structures during child care operations shall be done in a manner as to prevent exposure of children to hazardous or unsafe conditions including, but not limited to, fumes, dust, construction materials, and tools which pose a safety hazard.

(f) Programs shall ensure that all indoor areas used by children:

(1) Have a safe, functioning heating system;

(2) Include protection for children from exposed heat sources which present a hazard, including but not limited to baseboard heaters, radiators, fireplaces, and woodstoves; and

(3) Have working smoke detectors on each level.

(g) Portable electric space heaters shall:

(1) Be inaccessible to children;

(2) Bear the safety certification of a recognized laboratory such as Underwriters Laboratory (UL) or Electro Technical Laboratory (ETL); and

(3) Be installed and operated in accordance with the manufacturer’s specifications.

(h) Outside areas which are accessible to children shall be free from hazards including, but not limited to:

(1) Unprotected pools, wells, or other bodies of water;

(2) Lawn and farm machinery;

(3) Trash, litter, or debris;

(4) Animal feces; and

(5) Any other dangerous items or substances.

(i) Fencing shall enclose all play areas if the department determines the play area is unsafe because it is located adjacent to:

(1) A street or road;

(2) A swimming pool or other body of water, including a river, pond, or stream;

(3) An active railroad track or crossing;

(4) Sharp inclines or embankments; or

(5) Any other dangerous area.

(j) All fencing required by the department or otherwise intended to limit children’s access to a defined area shall:

(1) Have no gaps greater than 4 inches and be designed to restrain children from climbing out of, over, under, or through the fence; and

(2) Either:

a. Be equipped with a child proof self-latching device on any gates leading to an entrance or egress; or

b. Be equipped with a child proof lock if the area is determined to be hazardous to children as determined by the licensing coordinator during the monitoring visit as described in He-C 6916.16.

(k) In outside areas, stationary play equipment accessible to children shall not be over hard surfaces such as cement or asphalt.

(l) All swimming pools and wading pools shall be inaccessible to children except during supervised activities.

(m) Wading pools shall:

(1) Be emptied and cleaned after each use;

(2) Be stored so that water does not collect in them; and

(3) Not contain water that is more than 10 inches deep.

(n) Programs shall have a safe supply of water under pressure available for drinking and program use.

(o) Programs shall not use portable toilets, chemical toilets, or any other toilets which are not attached to a functional sewage disposal system.

(p) During all hours of operation there shall be functional sewage disposal facilities.

(q) Smoking shall not be permitted inside the building at any time.

(r) Staff who smoke on their breaks shall:

(1) Not smoke in view of children;

(2) Wash their hands prior to returning to work; and

(3) Change into fresh clothing, or remove smoke-contaminated outerwear prior to returning to work to reduce exposure to third-hand smoke.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.06 Handling, Storage, and Disposal of Hazardous Materials {#sec-he-c-6916.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.06}

(a) All toxic and flammable materials and tobacco products shall be stored in cabinets which are locked or secured with child proof latches, or otherwise out of reach of children.

(b) Pesticides shall not be used in areas used by children while children are present, and any treated indoor area must be aired out per manufacturers’ instructions prior to allowing children to return to that area.

(d) Programs serving diapered children and children who are not toilet trained shall have a designated diaper changing area, which shall:

(1) Be located adjacent to or in close proximity to a designated handwashing sink to allow access for handwashing without having to open doors or gates or have physical contact with other children;

(2) Have a non-porous washable surface, which shall be used exclusively for diaper changing and sanitized after each diaper change;

(3) Contain a covered, hands-free receptacle, lined with a plastic bag, and located within the reach of the diaper changing area for disposal of soiled disposable diapers and cleansing articles; and

(4) Not be located in kitchens or in food preparation or food service areas, or on surfaces where food is prepared or served.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.07 Emergency Preparedness and Response Planning, and Practice Drills {#sec-he-c-6916.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.07}

(a) Programs shall ensure that for each child, upon the child’s first day in attendance in the program, there is a “Child Care Registration and Emergency Information for License Exempt Programs” ( May 2023) form completed and signed by the parent, on file, which contains:

(1) Full legal name of the child;

(2) Child’s date of birth;

(3) Date of enrollment in the program;

(4) The name, physical address, and mailing address of the parent responsible for the child;

(5) Telephone numbers for the child’s parent(s) and instructions as to how the parent(s) can be contacted during the hours that the child is at the program;

(6) Email addresses for the parent(s), if available;

(7) The name, address, telephone number, and relationship of at least one person who will assume responsibility for the child, if for any reason, the parent(s) cannot be reached immediately in an emergency;

(8) Any chronic conditions, allergies, or medications to be administered in the event of sudden illness or injury;

(9) Written parental permission for first aid treatment;

(10) Written parental permission for emergency medical transportation and treatment;

(11) The name and telephone number of each child’s physician or health care provider; and

(12) Names, addresses, telephone numbers, and relationships of any person(s) other than parent(s) who are authorized to remove the child from the program.

(b) Programs shall be equipped with a telephone that is operable and accessible to all staff during all operating hours for incoming and outgoing calls.

(c) Pursuant to 45 CFR Part 98.41, programs shall develop an emergency operations plan (EOP) for responding to natural, human-caused, or technological incidences, which shall contain procedures including, but not limited to:

(1) Evacuation;

(2) Relocation;

(3) Shelter-in-place;

(4) Lockdown;

(5) Communication and reunification with families;

(6) Continuity of operations;

(7) Accommodations of children with disabilities; and

(8) Accommodations of children with chronic medical conditions.

(d) In order to assure that all staff, volunteers, and children are familiar with all the EOP drills listed in (c) above, programs shall:

(1) Practice evacuation and relocation once per year with all child care staff, including volunteers;

(2) Practice at least 2 other components of their EOP with all child care staff, including volunteers, and children each calendar year; and

(3) Review all EOP response actions with all staff and volunteers, at least twice each calendar year.

(e) Programs shall record and maintain on file for review, a log of the practice drills and verification of the requirements in (d) above, which includes:

(1) The date and time of the drill;

(2) The type of drill practiced or drill reviewed;

(3) The method of review or practice, such as in-person or review of online training;

(4) The name of all staff and volunteers that participated in the review or drill; and

(5) The signature and date of the individual conducting the review or drill.

(f) Upon enrollment, programs shall provide families with information from the EOP that addresses communication and reunification procedures, as specified in (c)(5) above.

(g) Programs shall conduct at least one fire drill each month the program is in operation in accordance with the following:

(1) All children and staff shall evacuate the building during each fire drill; and

(2) Staff shall check daily attendance records to ensure that all children and staff are accounted for after the building is evacuated.

(h) Programs shall complete a written record of fire drills which shall:

(1) Be maintained on file at the program for one year; and

(2) Be available for review by the department.

(i) The written record of fire drills required under (h) above shall include at least the following:

(1) The date and time the drill was conducted;

(2) The exits used;

(3) The number of children evacuated and total number of people in the building at the time of the drill;

(4) The amount of time taken to evacuate the building; and

(5) The name of the person conducting the drill.

(j) Programs shall conduct a fire drill in the presence of a representative of the department upon request.

(k) If a child goes missing while in the care of the program, staff shall call emergency police services, or 911, as soon as staff have determined that the child cannot be promptly located on the premises of the child care program.

(l) Programs shall report any occurrence of a missing child as described in (k) above to the department within 24 hours.

(m) If a child is seriously injured while in the care of the program, including fractures, dislocations, stitches, second or third degree burns, concussions, or loss of consciousness, or any other injury which results in calling 911, requires emergency medical treatment by a physician or other health care professional, or requires hospitalization, the program shall:

(1) Notify the child’s parent immediately;

(2) Notify the department within 48 hours; and

(3) Provide to the department a written report which details the nature and circumstances of the serious injury within one week of the incident.

(n) If a child dies while in child care the program shall:

(1) Notify emergency personnel and the child’s parent immediately;

(2) Notify the department of the death within 24 hours of the incident; and

(3) Provide to the department a written report which details the circumstances which led up to the death within 72 hours of the incident.

(o) In addition to the reporting requirements under (n) above, the program shall, upon request, provide the department with any available information regarding the death.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.08 Prevention of and Response to Emergencies Due to Food and Allergic Reactions {#sec-he-c-6916.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.08}

(a) Programs shall obtain an allergy care plan, signed by the child’s physician, from the parent(s) of each child with a food allergy or other allergy which results in a serious reaction that includes at a minimum:

(1) Instructions regarding the foods or other allergens to which the child is allergic and steps to be taken to avoid consuming or coming into contact with those allergens;

(2) A list of specific symptoms that would indicate the need to administer one or more of the medications referenced in (3) below; and

(3) Details describing the course of action to take in response to an allergic reaction, including the name, dose, and method of prompt administration of any required medication.

(b) With the permission of the parent, each child’s allergy care plan shall be posted prominently wherever the child might come in contact with the allergen.

(c) Staff shall immediately notify the parent of any suspected allergic reactions, as well as the ingestion of or contact with, a known allergen even if a reaction did not occur.

(d) Staff shall call 911 immediately after epinephrine has been administered.

(e) Staff shall comply with dietary restrictions as requested in writing by the parent of each child, due to food allergies, or religious or philosophical beliefs.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.09 Administration of Medication {#sec-he-c-6916.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.09}

(a) Staff shall administer any medication, treatment, or other remedy as required under the provisions of the Americans with Disabilities Act of 1990.

(b) Staff shall only administer medication with:

(1) A valid and current prescription or signed and dated written instructions for administering the medication from the child’s physician; and

(2) Signed and dated written permission from the parent.

(c) Administration of non-prescription topical substances may be performed by any staff, with written permission from the child’s parent.

(d) In the event of a medication error in the administration of medication, staff shall notify the child’s parent immediately.

(e) For any chronic condition requiring medication that is to be administered for more than 12 months, the written parental authorization specified in (b)(2) above shall be updated annually.

(f) The written instructions for administering the medication from the child’s physician specified in (b)(1) above shall be updated by the parent, and on file at the program, if there is any alteration of any kind to the administration of the medication.

(g) Staff shall maintain a written log for each dose of medication, excluding topical substances, administered to each child.

(h) In the event of an error documenting the administration of medication, staff shall notify the child’s parent by the end of the day in which the error occurred.

(i) All medication shall be:

(1) Inaccessible to children;

(2) Stored at the temperature and conditions recommended by the manufacturer, or as directed on the prescription label; and

(3) Labeled with the child’s name to ensure correct identification of each child's medication.

(j) Medications such as insulin, inhalers, and epinephrine shall be immediately accessible to staff caring for children requiring such medications to assure timely administration when needed, and in accordance with instructions in He-C 6916.08(a)(2).

(k) All prescription or non-prescription medication and topical substances shall be kept in the original container or pharmacy packaging and properly closed after each use.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.10 Prevention and Control of Infectious Diseases, Including Immunizations {#sec-he-c-6916.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.10}

(a) Staff and children shall wash their hands with liquid soap and warm running water as needed and:

(1) After each diaper change or toileting;

(2) After handling any bodily fluid;

(3) After cleaning up or handling garbage;

(4) After playing outdoors;

(5) Before and after eating;

(6) Before and after administering medication; and

(7) Before and during any food preparation or service as often as necessary to remove soil and contamination and prevent cross-contamination when changing tasks or from raw to ready-to-eat foods.

(b) Child care staff shall:

(1) Teach children the importance of handwashing with liquid soap and warm running water; and

(2) Instruct, encourage, remind, or assist children as needed throughout each day to wash their hands as necessary to comply with (a)(1) through (5) above.

(c) Staff shall observe each child for symptoms of illness or injury throughout the day and contact the parent if a child has:

(1) More than one episode of vomiting in one day;

(2) More than one episode of diarrhea in one day;

(3) Uncontrolled coughing or wheezing;

(4) Skin lesions which have not been diagnosed or treated by a licensed health care practitioner; or

(5) An oral temperature of 101 degrees Fahrenheit or higher or an under arm temperature of 100 degrees Fahrenheit or higher combined with any of the following:

a. Diarrhea;

b. Rash;

c. Earache;

d. Sore throat; or

e. Vomiting.

(d) Any time there is spill of bodily fluids, or any staff or child in the program have symptoms of, or are known to have, a communicable disease:

(1) Any spills of bodily fluids shall be immediately cleaned and sanitized;

(2) Persons involved in cleaning surfaces contained with bodily fluids shall:

a. Wear protective disposable gloves while cleaning, disinfecting, and sanitizing the contaminated surface; and

b. Immediately wash their hands with liquid soap and warm running water after discarding the gloves;

(3) Any materials, including disposable gloves and diapers contaminated by bodily fluids, shall be disposed of in a plastic bag with a secure tie or in a covered, plastic bag-lined, hands-free receptacle; and

(4) The program shall contact the bureau of disease control and prevention at (800) 852-3345, ext. 4496 for instructions regarding whether the ill individual is required to be excluded from the program and to determine reporting requirements in accordance with RSA 141-C:7 and He-P 301.03(c), (d), and (h) and He-P 301.05(i)(3)b.

(e) All foods prepared and served to children shall be free from spoilage, filth, and other contamination.

(f) Programs shall clean and disinfect bathroom facilities whenever visibly soiled, but at a minimum of once per week.

(g) Programs with pets on the premises shall:

(1) Ensure dogs and cats have a current vaccination for rabies;

(2) Keep cages that house small animals, fish tanks, and litter boxes away from food preparation, food service areas, and any other area where children play; and

(3) Ensure children do not have direct contact with animal feces or urine either indoors or outdoors.

(h) Documentation of immunizations, in accordance with RSA 141-C:20-a, RSA 141-C:20-b, and He-P 301.14, shall be on file for each child on the first day the child is in attendance at the program.

(i) Exemptions from the immunizations required under (h) above shall be in accordance with RSA 141-C:20-c and pursuant to 45 CFR Part 98.41(a)(1)(i)(C) for children experiencing homelessness or children in foster care. Providers may enroll children and allow for 60 days for families to obtain and provide documentation of immunizations.

(j) Programs shall not be required to obtain immunization records for children whose parent objects, on the grounds that such immunization is contrary to their religious beliefs, or for children with medical conditions that contraindicate immunization.

(k) Documentation for the exemptions listed in (j) above shall be on file with the program, and shall be in accordance with RSA 141-C:20-c.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.11 First Aid and Pediatric Cardiopulmonary Resuscitation (CPR) {#sec-he-c-6916.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.11}

(a) Programs shall have on the premises a selection of non-expired first aid supplies adequate to meet the needs of the children in care.

(b) If a child receives an injury or an incident occurs requiring first aid treatment, staff shall inform the child’s parent of the injury on the date the child is injured.

(1) Notify the child’s parent immediately;

(2) Notify the department within 48 hours; and

(3) Provide to the department a written report which details the nature and circumstances which led to CPR being performed within one week of the incident.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.12 Child Development {#sec-he-c-6916.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.12}

(a) During the operating hours of the program, parents shall have the opportunity to communicate with the staff who care for their child.

(b) Staff shall supervise every child in care at all times.

(1) Staff may allow children ages 72 months and older to go inside to use the bathroom when no staff are inside provided that staff have a plan in place to keep track of children who have gone inside and to check on children who have not returned in a timely manner; and

(2) Staff may allow school-age children 72 months and older who are enrolled in a full day school program to leave the premises of the program, unsupervised by staff, to participate in a specific activity, provided that there is written authorization from each child’s parent on file at the program.

(d) Programs shall provide privacy for each child toileting, while allowing for age-appropriate supervision of each child.

(e) Programs shall provide daily opportunity for outdoor physical activity in the absence of extreme weather.

(f) All media, including televisions, video, or electronic devices shall be age and developmentally appropriate, and programs shall comply with parental restrictions regarding the use of electronic media for their child.

(g) Staff shall nurture and encourage each child in care by providing each child with a variety of developmentally appropriate learning and social experiences and establishing and maintaining a learning environment that provides for the emotional well-being of each child.

(h) When a child is engaging in unacceptable behavior, staff shall:

(1) Establish developmentally appropriate rules or limits for acceptable behavior, which are equitable and consistently applied;

(2) Redirect a child’s attention to a desirable activity by providing positive guidance, positively worded directions, and developmentally appropriate explanations for the limits and rules referenced in (1) above;

(3) Demonstrate desired behavior and problem-solving skills and then redirect children to acceptable behavior;

(4) Arrange equipment, materials, activities, and schedules in a way that promotes desirable behavior; and

(5) Implement safe, logical, and natural consequences related to the misbehavior and enforcing those consequences as soon as possible after the misbehavior has occurred.

(i) Separation, or time out, shall only be used as a method to enable a child to regain control of themselves, not as a punitive disciplinary technique.

(j) When a child is separated from the group, the child shall be able to see and hear the other children except when staff remove a child from the classroom to a quieter area to provide one-on-one attention.

(k) Staff shall not:

(1) Abuse or neglect children;

(2) Use rough handling on children;

(3) Use corporal punishment on children;

(4) Require children to stand or sit facing walls or corners;

(5) Shame, humiliate, threaten, or frighten children;

(6) Withhold food from children, forcibly feed children, or discipline children for not eating;

(7) Discipline children for toileting accidents, lapses in toileting habits, or prohibit children from using the toilet as a form of discipline;

(8) Use isolation as a form of discipline;

(9) Yell in anger or frustration at or with children; or

(10) Direct profanity or obscene language at children or use profanity or obscene language in the presence of children.

(l) Programs shall develop and implement a written policy to address the limitations of expelling children from the child care program for challenging behaviors.

(m) The policy in (l) above shall address at a minimum:

(1) The steps the program will take to assist the child in maintaining enrollment prior to expelling the child for challenging behaviors;

(2) Parental notification requirements regarding their child's challenging behavior; and

(3) The responsibilities of the program if the challenging behavior results in a serious safety risk to the child or others within the program.

(n) The written policy in (l) above shall be provided to parents at enrollment.

(o) The expulsion policy in (l) above shall only apply when addressing a child's behavior and not a parent's misconduct or the parent's failure to comply with other rules or laws.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.13 Prevention, Recognition, and Reporting of Child Abuse and Neglect {#sec-he-c-6916.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.13}

(a) Staff shall allow a parent access to their child at all times while the child is in the program’s care, unless allowing access is contrary to a court order or a court-ordered parenting plan, pursuant to He-C 6914.07(a).

(b) Staff shall take prompt action to protect children from abuse, neglect, corporal punishment, and any other mistreatment by any individual.

(c) Any staff or other person involved with a program who suspects that a child is being abused or neglected shall be a mandated reporter in accordance with RSA 169-C:29 and shall report the suspected abuse to the division for children, youth, and families by calling 1-800-894-5533.

(d) When any child, while in care of a program, is the victim of corporal punishment or other harsh punishment or treatment and has been physically or mentally injured because the child was not adequately supervised, or when the health, safety, or well-being of any child has been otherwise seriously jeopardized due to a program’s non-compliance with any of the provisions of He-C 6916, a staff person of the enrolled facility-based program shall inform the child’s parent of the details of the incident.

(e) The notification provided to the child’s parent of the incident as described in (d) above shall include the following details:

(1) The name of who was involved in, and who witnessed the incident, while keeping the identities of other children confidential;

(2) What occurred prior to and following the incident;

(3) When and where the incident occurred; and

(4) Any action that has been or will be taken by the program as a result of the incident.

(f) The details of the incident outlined in (e) above shall be provided to the parent of the child or children involved in writing by the close of the next business day.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.14 Appropriate Precautions in Transporting Children {#sec-he-c-6916.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.14}

(a) Programs who wish to take children on routine, unplanned local trips, or scheduled field trips shall obtain a signed and dated permission slip from each child’s parent, which specifies all approved destinations and activities. This permission slip shall include the destination of the trip and the estimated time that the parent can expect the child to return to the program.

(b) The following shall be accessible to staff on any field trip:

(1) An attendance record which includes the name and age of each child;

(2) Copies of the registration and emergency information form required in He-C 6916.07(a), for each child;

(3) A first aid kit adequate to meet the needs of the children in attendance on the field trip;

(4) All medications requiring administration during the hours of the field trip as required by He-C 6916.09; and

(5) All emergency medications as required by He-C 6916.08 for the children in attendance on the field trip.

(c) Items referenced in (b) above for each child shall remain with an individual who is with the child, including during transport.

(d) During any field trip, at least one staff member shall have access to a working phone, in case of emergency, and that phone number shall be available to parents and to staff remaining at the facility.

(e) Children who are transported by the program or during any program-sponsored activity shall be transported in vehicles which are:

(1) Registered, insured, and inspected in accordance with the laws and rules of the state of New Hampshire;

(2) Driven by individuals who are at least 18 years of age and hold a valid driver’s license; and

(3) Maintained in safe operating condition.

(f) Staff shall be prohibited from using mobile electronic devices while operating a vehicle to transport children, including hands-free operation.

(g) The number of persons who are transported by the program or in any vehicle during any program-sponsored activity shall be limited to the number of persons the vehicle is designed to carry.

(h) In all vehicles, age-appropriate child restraints or seat belts shall be provided for and used by each child in accordance with RSA 265:107-a.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.15 Staff-to-Child Ratio and Group Size {#sec-he-c-6916.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.15}

(a) The staff-to-child ratio for school-age programs shall be one staff for 15 children with a maximum group size of 60.

(b) In addition to the staffing requirements in (a) above, programs shall have a second staff person in the building when 13 or more children are present.

(c) Programs shall provide a minimum of 40 square feet of usable indoor space per child. Indoor active play space shall be available to children daily.

(d) In addition to (a) above, programs offering drop-in care shall monitor attendance records to ensure compliance with group size and ratios. If there is a pattern of exceeding ratio and group size then additional staff shall be added. Attendance records shall be kept on file for 6 months for review by the department.

(e) The only exception to (a) above shall be when children combine for time-limited activities, such as meals, snacks, daily meetings, short stories, special guest presentations, or other special events, provided that all children have sufficient space for the activity.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.16 Monitoring Visits, Monitoring Statements, Program Improvement Plans, and {#sec-he-c-6916.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.16}

Enforcement.

(a) The department shall conduct an announced monitoring visit prior to enrollment.

(b) The department shall conduct an annual announced monitoring visit for all enrolled facility-based child care providers as a condition of maintaining enrollment.

(d) At the close of any monitoring visit or when an investigation is concluded, or as soon as possible thereafter, the department shall review with the program a summary of any violations of He-C 6916 found during the visit.

(e) The department shall issue the monitoring statement via email, if a valid email address has been provided by the program, or by United States mail if an email address has not been provided.

(f) Programs shall:

(1) Display the monitoring statement and program improvement plan approved by the department for the most recent visit to the program in a prominent location which is accessible to all, and notify all of the location of the monitoring statement and program improvement plan;

(2) Make available upon request to all a copy of the monitoring statement and program improvement plan approved by the department for the most recent visit to the program; and

(3) Not alter the monitoring statement or program improvement plan issued by the department.

(g) Programs shall complete a program improvement plan for each violation included on the monitoring statement, which shall include the following:

(1) The action the program has taken or will take to correct each violation;

(2) The steps the program will take to ensure compliance with He-C 6916 and the applicable statutes in the future;

(3) The date by which each violation was corrected or will be corrected;

(4) The interim measures the program has implemented to protect the health and safety of children when the violation cannot be corrected immediately; and

(5) The dated signature of the enrolled child care provider or their authorized representative.

(h) Programs shall complete program improvement plans and return them to the department in accordance with the following:

(1) The program improvement plan shall be submitted to the department within 21 calendar days of the date that the monitoring statement is sent out by the department; and

(2) The names of individuals, including children, shall not be included in the program improvement plan.

(i) When a submitted program improvement plan in accordance with (g) and (h) above is not acceptable to the department in correcting a violation, the department shall issue a directed program improvement plan to the program.

(j) Notwithstanding (g), (h), and (i) above, when the department determines that there is an imminent threat to the health or safety of children, it shall issue a program improvement plan to the program, without first offering the program an opportunity to complete a program improvement plan.

(k) When a program receives a directed program improvement plan issued by the department in accordance with (i) or (j) above, it shall:

(1) Add any additional details regarding the improvement plan the program feels are necessary; and

(2) Complete and return the program improvement plan in accordance with (g)(5) and (h) above.

(l) Notwithstanding (a) through (g) above, when a program has repeatedly violated standards set forth in He-C 6916 or has violated a rule or statute which resulted in physical or mental injury to a child, or caused a child to be in danger of physical or mental injury, the department shall initiate enforcement action pursuant to He-C 6914.08 without first requesting that the program submit a program improvement plan.

(m) Programs shall comply with all approved program improvement plans.

(n) The department shall conduct follow-up announced monitoring visits as needed to monitor the implementation of the program improvement plan.

(o) The department shall post the monitoring statement and program improvement plan within 5 days of the date of issue on the department website.

(p) Programs shall maintain all records, whether in electronic or paper format, required by He-C 6916:

(1) On file on the premises of the program; and

(2) Accessible and available for review by the department, upon request, for one year, unless otherwise specified.

(q) Child care program staff shall not:

(1) Make false or misleading statements to the department, whether verbal or written; or

(2) Falsify any documents, other written information, or reports issued by or required by the department under He-C 6912, He-C 6914, He-C 6916, and He- C 6920.

(r) The department shall revoke or deny a new applicant or renewal as an enrolled child care provider in accordance with He-C 6912, He-C 6914, He-C 6918, and He-C 6920.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.17 Informal Dispute Resolution {#sec-he-c-6916.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.17}

(a) An opportunity for informal dispute resolution shall be available to any facility-based program who disagrees with a citation issued by the department, per RSA 170-E:10-a.

(b) When requesting an informal dispute resolution, the facility-based program shall:

(1) Submit a written notice to the department requesting an informal dispute resolution no later than 14 days from the date of issuance of the monitoring statement; and

(2) Include in the notice why the facility-based program believes that the citation was issued erroneously as noted in the monitoring statement.

(c) In accordance with RSA 170-E:10-a, written notice of the department’s decision shall be provided to the facility-based program within 30 days from receipt of the request and receipt of any and all information from the facility-based program.

(d) An informal dispute resolution shall not be an option for any facility-based program against whom the department has initiated a fine, or action to suspend, revoke, deny, or refuse to renew enrollment as a child care provider.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6916.18 Waiver of Rules {#sec-he-c-6916.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.18}

(a) Programs that wish to request a waiver of a rule shall provide in writing or electronically the following information:

(1) The program’s name, address, phone number, and the bridges database resource identification number assigned by the department for electronic payments;

(2) The rule number for which the waiver is being requested;

(3) A brief explanation of the reason for the waiver, the length of time for which the waiver is requested, and any effect the granting of the waiver will have on the health and safety of the children in the program;

(4) The number and age range of children who will be affected by the waiver;

(5) The signature of the enrolled child care provider or their authorized representative;

(6) Signatures of parents or copy of a notice which has been shown to, or mailed to each parent, explaining the specifics of the waiver request and informing parents that they may call the department if they have any concerns about the requested waiver; and

(7) The plan for future compliance after the waiver period is over.

(b) A waiver shall be granted to the applicant or enrolled child care provider if the department determines that the alternative proposed by the applicant or enrolled provider:

(1) Meets the objective or intent of the rule;

(2) Does not negatively impact the health, safety, or well-being of the children; and

(3) Does not negatively impact the operation of the program.

(d) The department shall not approve any request for a waiver of any of the provisions relevant to state or federal law or any rules of other state agencies which are referred to in this chapter.

(e) A waiver request shall be denied when any of the following occurs:

(1) The rule for which a waiver is being requested is related to fire safety or environmental health or safety;

(2) The program has been found in violation of one or more of these rules and has not corrected the violation;

(3) The department finds that approval of the requested waiver will jeopardize the health or safety of children;

(4) The department finds that approval of the requested waiver will impair the program’s ability to adequately care for children;

(5) The departments finds that approval of the requested waiver will impair the operations of the program; or

(6) The department determines that the program has not submitted a written plan for compliance with the rule or an acceptable plan for satisfying the intent of the rules as an alternative to complying with the rule.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23 (formerly He-C 6916.17)

N.H. Code Admin. R. Ann. He-C 6916.19 Complaints and Investigations {#sec-he-c-6916.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.19}

(a) The department shall respond to any complaint that meets the following conditions:

(1) The alleged violation occurred not more than 6 months prior to the date the department was made aware of the allegation;

(2) The complaint is based upon the complainant’s first-hand knowledge regarding the allegation or on information reported directly to the complainant by a child who has first-hand knowledge regarding the allegation;

(3) There is sufficient specific information for the department to determine that the allegation, if proven to be true, would constitute a violation of any of the provisions of He-C 6916; or

(4) The complaint is received from any source and alleges a violation that occurred at any time if the complaint alleges:

a. Physical injury or abuse;

b. Verbal or emotional abuse; or

c. The danger of physical injury to one or more children.

(b) A complaint investigation shall be conducted when the department receives a complaint which meets the conditions specified in (a) above and which contains an allegation of violation of He-C 6916.

(c) When the complaint is determined to be founded, a monitoring statement shall be issued listing the violation found as a result of the investigation, and any other violation found during the visit, which shall be considered and treated as a finding of a complaint visit.

(d) When the complaint is determined to be unfounded, a notice shall be sent to the program advising that the complaint was unfounded.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23 (formerly He-C 6916.18)

N.H. Code Admin. R. Ann. He-C 6916.20 Confidentiality {#sec-he-c-6916.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6916.20}

(b) When the department determines that any child was the victim of corporal punishment, or other harsh punishment or treatment, or has been physically or mentally injured because the child was not supervised, or any child’s health, safety, or well-being was otherwise jeopardized due to a program’s non-compliance with He-C 6916, the department shall contact the child’s parent to ensure that staff have fully informed the parent about the corporal punishment, or other harsh punishment or treatment, or the incident which injured their child or placed their child at risk, in accordance with He-C 6916.13(f).

(c) Programs shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of children under their care and all facts learned about children and their families with the following exceptions:

(d) In addition to (c) above, programs shall discuss or share information regarding the admission, progress, behavior, health, or discharge of a child with the child’s parent in a manner that protects and maintains confidentiality for both the child and the child’s parent.

History

#13650, eff 5-25-23 (formerly He-C 6916.19)

Part He-C 6917 Health and Safety Rules for in-Home License-Exempt Child Care Providers Receiving Child Care Scholarship

N.H. Code Admin. R. Ann. He-C 6917.01 Purpose {#sec-he-c-6917.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.01}

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.02 Scope {#sec-he-c-6917.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.02}

This part shall apply to any person who is enrolled as a license-exempt provider providing child day care services to families receiving child care scholarship pursuant to He-C 6914, and is exempt from licensure pursuant to RSA 170-E:3, I(c) and (h).

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.03 Definitions {#sec-he-c-6917.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.03}

(a) “Caretaker relative” means a relative, who is not the biological or adoptive parent of a child, but is providing care and supervision of the child in the assistance group.

(b) “Child” means “child” as defined in RSA 170-E:2, II, namely “any person under 18 years of age.”

(c) “Child care” means the act of providing supervision, food, activity, and rest for a child for any portion of a 24-hour day apart from the child’s parent, caretaker relative, or legal guardian, in order to promote healthy child development and assist the child’s parent, caretaker relative, or legal guardian in preparing for, securing, or maintaining employment or employment-related education or training.

(d) “Commissioner” means “the commissioner of the department of health and human services,” as defined in RSA 170-E:2, V.

(e) “Corporal punishment” means the intentional infliction of physical pain by any means for the purpose of punishment, correction, discipline, instruction, or any other reason.

(f) “Department” means “the department of health and human services” as defined in RSA 170-E:2, VII.

(g) “Developmentally appropriate” means actions, environment, equipment, supplies, communications, interactions, or activities that are based on the developmental level and abilities, the family culture, and the individual needs of each child in care.

(h) “Enrolled child care provider” means a child care provider who has met the requirements in He-C 6914 and is authorized to receive payment for services from the department.

(i) “Foster parent” means an individual who has a license or permit for foster family care, pursuant to He-C 6446.

(j) “Infant” means a child from the time of birth through the age of 18 months old.

(k) “In-home provider” or “provider” means an individual who is:

(1) Providing child care in a private home;

(2) Exempt from licensure pursuant to RSA 170-E:3, I(c) or RSA 170-E:3, I(h);

(3) An enrolled child care provider pursuant to He-C 6914; and

(4) Does not have any staff members or volunteers.

(l) “Legal guardian” means an individual who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of a child.

(m) “Monitoring statement” means a written report issued by the department detailing the results of a monitoring visit conducted by the department.

(o) “NH Professional Registry” means New Hampshire’s password-protected electronic database designed to support and track professional development for the early childhood and school age child care workforce pursuant to He-C 6914.04(k).

(p) “Parent” means an individual who has a birth, adoptive, or stepparent relationship to the child, a foster parent as defined in (i) above, a legal guardian as defined in (l) above, or a caretaker relative as defined in (a) above.

(q) “Program improvement plan” means a written plan developed by a provider, and approved by the department, in response to a monitoring statement, stating how the provider will come into compliance with the rules.

(r) “Relative” means grandparents, great grandparents, siblings who live in a separate residence, or aunts and uncles, pursuant to 45 CFR 98.41(a)(1)(i)(B)(1).

(s) “Supervision” means being present with children in child care, knowing the identities of children in care, the number of children present, and their whereabouts, observing their activities, and being in close enough proximity to have all children within sight or hearing allowing intervention, if needed, to safeguard each child from accident or injury.

(t) “Toddler” means a child 19 months through the age of 35 months old.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.04 Pre-Service Trainings and Annual Professional Development {#sec-he-c-6917.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.04}

(a) The provider shall complete pre-service trainings in accordance with He-C 6914.04.

(b) Annual professional development shall be in accordance with He-C 6914.04, in that the provider shall:

(1) Complete 2 hours of professional development in any of the health and safety topics listed in He-C 6914.04(e) and He-C 6914.04(h);

(2) Complete 2 hours of professional development in any of the topics listed in He-C 6914.05(a)(3); and

(3) Upload documentation of completion of professional development in (b)(1) and (2) above to the NH professional registry.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.05 Building and Physical Premises Safety {#sec-he-c-6917.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.05}

(a) Both indoor and outdoor premises shall be safe, clean, free of clutter, and in good repair.

(b) Providers shall maintain the child care environment and ensure the indoor space is:

(1) Free from electrical hazards, such as overloaded outlets or extension cords, frayed, cracked or crimped cords, or unprotected outlets;

(2) Free from fire hazards;

(3) Well-ventilated by means of unobstructed mechanical ventilation system or open screened window;

(4) Free from cords or strings long enough to encircle a child’s neck which pose a strangulation hazard and are accessible to children, including, but not limited to, telephone cords and window blind cords;

(5) Free from guns, weapons, or live or spent ammunition which are not in locked storage;

(6) Free from accessible knives and sharp objects unless the object is being used under direct supervision of the provider;

(7) Free from heavy furnishings or other heavy items that could easily tip or fall on children and would be likely to cause injury;

(8) Free from accessible loose and flaking paint;

(9) Well-lit to allow for the supervision of children and for the provider and children to move about safely;

(10) Free from damp conditions which result in visible mold or mildew or a musty odor;

(11) Free from trampoline use during child care hours, with the exception of small indoor trampolines intended for individual use with direct provider supervision only;

(12) Free from empty plastic bags, or bags which pose a suffocation hazard, which are accessible to children under the age of 3 years; and

(13) Free from accessible items labeled “keep out of reach of children” unless the item is non-toxic and being used under the direct supervision of the provider.

(d) Stairways with more than 3 steps shall be equipped with handrails and all stairways which are accessible to children younger than 3 years of age shall be equipped with functional, properly latched safety gates.

(f) Providers shall ensure that all indoor areas used by children;

(1) Have a safe, functioning heating system;

(2) Include protection for children from exposed heat sources which present a hazard, including but not limited to baseboard heaters, radiators, fireplaces, and woodstoves; and

(3) Have working smoke detectors on each level.

(g) Portable electric space heaters shall:

(1) Be inaccessible to children;

(2) Bear the safety certification of a recognized laboratory such as Underwriters Laboratory (UL) or Electro Technical Laboratory (ETL); and

(3) Be installed and operated in accordance with the manufacturer’s specifications.

(h) Outside areas which are accessible to children shall be free of hazards including, but not limited to:

(1) Unprotected pools, wells, or other bodies of water;

(2) Lawn and farm machinery;

(3) Trash, litter, or debris;

(4) Animal feces; and

(5) Any other dangerous items or substances.

(i) In outside areas used by children, stationary play equipment accessible to children shall not be over hard surfaces such as cement or asphalt.

(j) Play areas shall be enclosed by a fence if they are determined by the department to be unsafe because they are on a roof, or located adjacent to any dangerous area.

(k) All fencing shall be designed to restrain children who have not yet entered school from climbing out of, over, under or through the fence.

(l) All swimming pools and wading pools shall be inaccessible to children except during supervised activities.

(m) Wading pools shall:

(1) Be emptied and cleaned after each use;

(2) Be stored so that water does not collect in them; and

(3) Not contain water that is more than 10 inches deep.

(n) Providers shall have a safe supply of water under pressure available for drinking and household use.

(o) Providers shall not use portable toilets, chemical toilets, or any other toilets which are not attached to a functional sewage disposal system, except for potty chairs designed for use by older infants and toddlers.

(p) During all hours of operation there shall be functional sewage disposal facilities.

(q) Providers and household members shall not smoke in the building during operating hours.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.06 Handling, Storage, and Disposal of Hazardous Material {#sec-he-c-6917.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.06}

(a) All toxic and flammable materials and tobacco products shall be stored in cabinets which are locked, or secured with child proof latches, or otherwise out of reach of children.

(b) Pesticides shall not be used in areas used by children while children are present, and any treated indoor area shall be aired out per manufacturers’ instructions prior to allowing children to return to that area.

(d) Providers serving diapered children and children who are not toilet trained shall have a designated diaper changing area, which shall:

(1) Be located adjacent to or in close proximity to a designated handwashing sink to allow access for handwashing without having to open doors or gates or have physical contact with other children;

(2) Have a non-porous washable surface, which shall be used exclusively for diaper changing and sanitized after each diaper change;

(3) Contain a covered, hands-free receptacle, lined with a plastic bag, and located within the reach of the diaper changing area for disposal of soiled disposable diapers and cleansing articles; and

(4) Not be located in kitchens or in food preparation or food service areas, or on surfaces where food is prepared or served.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.07 Emergency Preparedness and Response Planning {#sec-he-c-6917.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.07}

(a) Providers shall ensure that for each child, upon the child’s first day in attendance, there is a “Child Care Registration and Emergency Information for License Exempt Programs” (May 2023) form completed and signed by the parent, on file, which contains:

(1) Full legal name of the child;

(2) Child’s date of birth;

(3) Date of enrollment at the provider;

(4) The name, physical address, and mailing address of the parent responsible for the child;

(5) Telephone numbers for the child’s parent and instructions as to how the parent can be contacted during the hours that the child is at the program;

(6) Email addresses for the parent, if available;

(7) The name, address, telephone number, and relationship of at least one person who will assume responsibility for the child, if for any reason, the parent cannot be reached immediately in an emergency;

(8) Any chronic conditions, allergies, or medications to be administered in the event of sudden illness or injury;

(9) Written parental permission for first aid treatment;

(10) Written parental permission for emergency medical transportation and treatment;

(11) The name and telephone number of each child’s physician or health care provider; and

(12) Names, addresses, telephone numbers, and relationships of any person other than parent who are authorized to remove the child from the provider.

(b) There shall be a telephone that is operable and accessible to the provider during all operating hours for incoming and outgoing calls.

(c) Pursuant to 45 CFR Part 98.41, providers shall develop an emergency operations plan (EOP) for responding to natural, human-caused, or technological incidences, which shall contain procedures including, but not limited to:

(1) Evacuation;

(2) Relocation;

(3) Shelter-in-place;

(4) Lockdown;

(5) Communication and reunification with families;

(6) Continuity of operations;

(7) Accommodations of infants and toddlers;

(8) Accommodations of children with disabilities; and

(9) Accommodations of children with chronic medical conditions.

(d) Providers shall practice no less than 2 components of their EOP with children, no less than twice per year and maintain a written record of the practiced components.

(e) If a child is seriously injured while in the care of the provider, including fractures, dislocations, stitches, second or third degree burns, concussions, or loss of consciousness, or any other injury which results in calling 911, requires emergency medical treatment, or hospitalization, the provider shall:

(1) Notify the child’s parent immediately;

(2) Notify the department within 48 hours; and

(3) Provide to the department a written report which details the nature and circumstances of the serious injury within one week of the incident.

(f) If a child goes missing while in the care of the provider, the provider shall call emergency police services, or 911, as soon as the provider has determined that the child cannot be promptly located on the premises of the child care provider.

(g) Providers shall report any occurrence of a missing child as described in (f) above to the department within 24 hours.

(h) If a child dies while in childcare, providers shall:

(1) Notify emergency personnel and the child’s parent immediately;

(2) Notify the department of the death within 24 hours; and

(3) Provide to the department a written report which details the circumstances which led up to the death within 72 hours of the incident.

(i) In addition to the reporting requirements under (h) above, providers shall, upon request, provide the department with any other available information regarding the death.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.08 Prevention of and Response to Emergencies Due to Food and Allergic Reactions {#sec-he-c-6917.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.08}

(a) Providers shall obtain an allergy care plan, signed by the child’s physician, from the parent of each child with a food allergy or other allergy, which results in a serious reaction, that includes at a minimum:

(1) Instructions regarding the food(s) or other allergens to which the child is allergic and steps to be taken to avoid consuming or coming into contact with those allergens;

(2) A list of specific symptoms that would indicate the need to administer one or more of the medications referenced in (3) below; and

(3) Details describing the course of action to take in response to an allergic reaction, including the name, dose, and method of prompt administration of any required medication.

(b) With permission of the parent, each child’s allergy care plan shall be posted prominently wherever the child might come in contact with the allergen.

(c) Providers shall immediately notify the parent of any suspected allergic reactions, as well as the ingestion of or contact with a known allergen even if a reaction did not occur.

(d) Providers shall call 911 immediately after epinephrine has been administered.

(e) Providers shall comply with dietary restrictions as requested in writing by the parent of each child, due to food allergies, religious, or philosophical beliefs.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.09 Administration of Medication {#sec-he-c-6917.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.09}

(a) Providers shall administer any medication, treatment, or other remedy as required under the provisions of the Americans with Disabilities Act of 1990.

(b) Providers shall only administer medication with:

(1) A valid and current prescription or signed and dated written instructions for administering the medication from the child’s physician; and

(2) Signed and dated written permission from the parent.

(c) Administration of non-prescription topical substances may be performed by the provider, with written permission from the child’s parent.

(d) In the event of a medication error in the administration of medication, the provider shall notify the child’s parent immediately.

(e) For any chronic condition requiring medication that is to be administered for more than 12 months, the written parental authorization specified in (b)(2) above shall be updated annually.

(f) The written instructions for administering the medication from the child’s physician specified in (b)(1) above shall be updated by the parent, and on file at the provider, if there is any alteration of any kind to the administration of the medication.

(g) Providers shall maintain a written log for each dose of medication, excluding topical substances, administered to each child.

(h) In the event of an error documenting the administration of medication, the provider shall notify the child’s parent by the end of the day in which the error occurred.

(i) All medication shall be:

(1) Inaccessible to children;

(2) Stored at the temperature and conditions recommended by the manufacturer or as directed on the prescription label; and

(3) Labeled with the child’s name to ensure correct identification of each child's medication.

(j) Medications such as insulin, inhalers, and epinephrine shall be immediately accessible to providers caring for children requiring such medications to assure timely administration when needed, and in accordance with instructions in He-C 6917.08(a)(2).

(k) All prescription or non-prescription medication and topical substances shall be kept in the original container or pharmacy packaging.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.10 Prevention and Control of Infectious Diseases, Including Immunizations {#sec-he-c-6917.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.10}

(a) Providers and children shall wash their hands with liquid soap and warm running water as needed and:

(1) After each diaper change or toileting;

(2) After handling any bodily fluid;

(3) After cleaning up or handling garbage;

(4) After playing outdoors;

(5) Before and after eating;

(6) Before and after administering medication; and

(7) Before and during any food preparation or service as often as necessary to remove soil and contamination and prevent cross-contamination when changing tasks or from raw to ready-to-eat foods.

(b) Providers shall:

(1) Teach children the importance of handwashing with liquid soap and warm running water;

(2) Instruct, encourage, remind, or assist children as needed throughout each day to wash their hands as necessary to comply with (a)(1) through (5) above; and

(3) Wash the hands of infants as necessary to comply with (a)(4) and (a)(5) above.

(c) Providers shall observe each child for symptoms of illness or injury throughout the day and contact the parent if a child has:

(1) More than one episode of vomiting in one day;

(2) More than one episode of diarrhea in one day;

(3) Uncontrolled coughing or wheezing;

(4) Skin lesions which have not been diagnosed or treated by a licensed health care practitioner; or

(5) An oral temperature of 101 degrees Fahrenheit or higher or an under arm temperature of 100 degrees Fahrenheit or higher combined with any of the following:

a. Diarrhea;

b. Rash;

c. Earache;

d. Sore throat; or

e. Vomiting.

(d) Any time there is a spill of bodily fluids, or any provider or child has symptoms of, or are known to have, a communicable disease:

(1) Any spills of bodily fluids shall be immediately cleaned and sanitized;

(2) Persons involved in cleaning surfaces contained with bodily fluids shall:

a. Wear protective disposable gloves while cleaning, disinfecting, and sanitizing the contaminated surface; and

b. Immediately wash their hands with liquid soap and warm running water after discarding the gloves;

(4) The provider shall contact the bureau of disease control and prevention at (800) 852-3345, ext. 4496 for instructions regarding whether the ill individual is required to be excluded from child care and to determine reporting requirements in accordance with RSA 141-C:7 and He-P 301.03(d) and (e), He-P 301.03(i), and He-P 301.05(i)(3)b.

(e) All foods prepared and served to children shall be free from spoilage, filth, and other contamination.

(f) Providers shall check children in diapers and change diapers and clothing if they are soiled or wet as needed, and at minimum once every 2 hours.

(g) The plastic bag containing the soiled diapers and cleansing articles shall be removed daily, securely closed, and placed outside in covered garbage cans for collection or removal at regular intervals.

(h) Providers shall clean and disinfect bathroom facilities whenever visibly soiled but at a minimum of once per week.

(i) All bedding used by children in care shall be cleaned at least once per week and more frequently if soiled.

(j) Providers shall ensure that the presence of pets does not present a hazard to the children.

(k) When there are pets in a provider’s home, providers shall:

(1) Ensure dogs and cats have a current vaccination for rabies;

(2) Keep cages that house small animals, fish tanks, and litter boxes away from food preparation, or food service areas, as well as any other area where children play; and

(3) Ensure children do not have direct contact with animal feces or urine either indoors or outdoors.

(l) Documentation of immunizations, in accordance with RSA 141-C:20-a, RSA 141-C:20-b, and He-P 301.14, shall be on file for each child on the first day the child is in attendance with the provider.

(m) Exemptions from the immunizations required under (l) above shall be in accordance with RSA 141-C:20-c and pursuant to 45 CFR Part 98.41(a)(1)(i)(C) for children experiencing homelessness or children in foster care. Providers may enroll children and allow for 60 days for families to obtain and provide documentation of immunizations.

(n) Providers shall not be required to obtain immunization records for children whose parent objects, on the grounds that such immunization is contrary to their religious beliefs, or for children with medical conditions that contraindicate immunization.

(o) Documentation for the exemptions listed in (n) above shall be on file with the provider, and shall be in accordance with RSA 141-C:20-c.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.11 First Aid and Pediatric Cardiopulmonary Resuscitation (CPR) {#sec-he-c-6917.11 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.11}

(a) Providers shall have on the premises a selection of non-expired first aid supplies adequate to meet the needs of the children in care.

(b) If a child receives an injury or an incident occurs requiring first aid treatment, the provider shall inform the child’s parent of the injury on the date the child is injured.

(1) Notify the child’s parent immediately;

(2) Notify the department within 48 hours; and

(3) Provide to the department a written report which details the nature and circumstances which led to CPR being performed within one week of the incident.

(d) Providers shall not serve foods which can cause a choking hazard to children younger than 3 years of age or to children who have been identified as having chewing and swallowing difficulties, including but not limited to:

(1) Spoonfuls of peanut butter;

(2) Whole or rounds of hot dogs or sausage;

(3) Whole grapes;

(4) Hard candy and chewing gum;

(5) Raw carrot rounds, peas, or celery:

(6) Chips or hard pretzels;

(7) Marshmallows;

(8) Nuts or seeds;

(9) Popcorn; and

(10) Other hard or cylinder-shaped foods that may pose a choking hazard.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.12 Child Development {#sec-he-c-6917.12 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.12}

(a) During the operating hours of child care, parents shall have the opportunity to communicate with the provider who cares for their child.

(b) Children shall be within sight or hearing of child care providers at all times.

(c) Provided that written permission is on file, a provider may allow school-age children 72 months and older to play outside when a provider is inside, or to leave the premises of the provider, unsupervised, to participate in a specific activity.

(d) Providers shall not leave infants or toddlers unattended in seating, carrying, or in holding devices such as car seats or infant seats placed on counter tops, tables, or other elevated surfaces.

(e) Providers shall provide toys, equipment, and learning materials that are:

(1) Available and accessible to children;

(2) Safe and in good repair;

(3) Cleaned on a regular basis; and

(4) Developmentally appropriate.

(f) Infants shall not be placed in any equipment which requires them to support their heads on their own if they have not yet developed the ability to do so.

(g) Baby walkers with wheels shall be prohibited.

(h) Providers shall not allow children younger than 3 years of age to have access to toys, toy parts, and other materials which pose a choking risk or are small enough to be swallowed, such as, but not limited to, coins, balloons, or exposed foam padding.

(i) Providers shall provide daily opportunity for outdoor physical activity in the absence of extreme weather.

(j) All media, including television, video, or electronic devices shall be age and developmentally appropriate, and providers shall comply with parental restrictions regarding the use of electronic media for their child.

(k) Providers shall nurture and encourage each child in care by providing each child with a variety of developmentally appropriate learning and social experiences and establishing and maintaining a learning environment that provides for the emotional well-being of each child.

(l) When a child is engaging in unacceptable behavior, providers shall:

(1) Establish developmentally appropriate rules or limits for acceptable behavior, which are equitable and consistently applied;

(3) Demonstrate desired behavior and problem-solving skills and then redirect children to acceptable behavior;

(4) Arrange equipment, materials, activities, and schedules in a way that promotes desirable behavior; and

(5) Implement safe, logical, and natural consequences related to the misbehavior and enforcing those consequences as soon as possible after the misbehavior has occurred.

(m) Separation, or time out, shall only be used as a method to enable a child to regain control of themselves, not as punishment, and as follows:

(1) Separation shall be brief and appropriate to the child’s developmental level and circumstances;

(2) When a child is separated from the group, the child shall be:

a. Able to see and hear the other children; and

b. Within hearing and sight of a provider.

(n) Providers and household members shall not:

(1) Abuse or neglect children;

(2) Use rough handling on children;

(3) Use corporal punishment on children;

(4) Require children to stand or sit facing walls or corners;

(5) Withhold food from children, forcibly feed children, or discipline children for not eating;

(6) Shame, humiliate, threaten, or frighten children;

(7) Discipline children for toileting accidents, lapses in toileting habits, or prohibit children from using the toilet as a form of punishment;

(8) Use isolation as a form of discipline on children;

(9) Yell in anger or frustration at or with children;

(10) Discipline children for not sleeping at rest or nap time;

(11) Direct profanity or obscene language at children or use profanity or obscene language in the presence of children;

(12) Require children to sleep, rest, go to their cot, mat, bed, or playpen or other sleeping or rest facilities, as a form of discipline;

(13) Confine infants or toddlers in highchairs or other seating devices or equipment, which restricts movement, as a form of discipline; or

(14) Place or confine children in equipment that is not appropriate for their age, including but not limited to cribs, playpens, or highchairs;

(o) Providers shall develop and implement a written policy to address the limitations of expelling children from child care for challenging behaviors.

(p) The policy in (o) above shall address at a minimum:

(1) The steps the provider will take to assist the child in maintaining enrollment prior to expelling the child for challenging behaviors;

(2) Parental notification requirements regarding their child's challenging behavior; and

(3) The responsibilities of the provider if the challenging behavior results in a serious safety risk to the child or others within child care.

(q) The written policy in (o) above shall be provided to parents at enrollment.

(r) The expulsion policy in (o) above shall only apply when addressing a child's behavior and not a parent's misconduct or the parent's failure to comply with other rules or laws.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.13 Prevention of Sudden Infant Death Syndrome and Use of Safe Sleeping Practices {#sec-he-c-6917.13 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.13}

(a) Providers shall consult with the parent of each child and observe children on an ongoing basis to determine each child’s resting or napping needs.

(b) To reduce the risk of Sudden Infant Death Syndrome (SIDS), infants up to 12 months of age shall be placed on their backs to sleep in a crib or playpen, unless there are written medical orders from the infant’s primary health practitioner requiring alternate positioning.

(c) Infants up to 12 months of age shall not nap or sleep in a car safety seat, beanbag chair, bouncy seat, infant seat, swing, jumping chair, highchair, chair, futon, moses basket, or any other type of furniture or equipment that is not a playpen or crib that meets the requirements of (f) below.

(d) There shall be an individual crib or playpen for each child 12 months of age and younger, except for siblings for whom co-sleeping is part of their family culture, and written authorization is given by the child’s parent and the child’s primary health care provider.

(e) No crib shall be used unless manufactured on or after June 28, 2011 or, if manufactured prior to that date, has a Children’s Product Certificate (CPC) or test report from a consumer product safety commission (CPSC) accepted third-party lab, provided by the manufacturer documenting the crib’s compliance as required by 16 CFR 1219 and 1220.

(f) All cribs and playpens required in (e) above shall:

(1) Be free of cracked or peeling paint, splinters, and rough edges;

(2) Have no more than 2⅜ inches between slats;

(3) Have no missing, loose, broken, or improperly installed parts, screws, brackets, baseboards, or other loose hardware, or damaged parts on the crib or mattress supports;

(4) Not have corner posts which extend more than 1/16 of an inch above the end panels;

(5) Not have holes or tears in the mesh walls or in the material that connects the walls to the bottom of the crib or playpen;

(6) Have properly fitted sheets which do not have excess fabric or that compress the mattress; and

(7) Have mattresses which:

a. Are in good repair, and free of rips or tears; and

b. Fit the crib or playpen so that the space between the mattress and crib or playpen is not more than 2 adult fingers wide and does not create a suffocation hazard.

(g) Cribs or playpens used by infants up to 12 months of age shall not have bumper pads, blankets, flat sheets, pillows, quilts, comforters, sleep positioners, or any soft items or toys.

(h) When the provider places an infant in a crib or playpen for sleep, the provider shall:

(1) Check to ensure that the temperature in the room is comfortable for a lightly clothed adult;

(2) Check the infant to ensure that the infant is comfortably clothed and not overheated or sweaty; and

(3) Check to ensure that bibs and garments with ties or hoods are removed from the infant.

(j) A provider may use electronic monitors to supervise sleeping children provided that:

(1) The parent provides a signed and dated authorization stating that the parent is aware of and agreeable to the use of an electronic monitor as a means of supervising their child when their child is asleep;

(2) Sounds from the monitor shall be easily heard by the provider;

(3) Every 10 minutes the provider shall observe the sleeping children, in person, to ensure that the child is safe and comfortable; and

(4) Video monitors shall not replace a physical check of the child by the provider.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.14 Prevention of Shaken Baby Syndrome and Abusive Head Trauma and Prevention, Recognition, and Reporting of Child Abuse and Neglect {#sec-he-c-6917.14 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.14}

(a) Providers shall not shake or perform any action likely to cause abusive head trauma, but rather use strategies to cope with a crying, fussing, or distraught infant.

(b) Providers shall allow a parent access to their child at all times while the child is in the provider’s care, unless allowing access is contrary to a court order or a court-ordered parenting plan pursuant to He-C 6914.07(a).

(c) Providers shall take prompt action to protect children from abuse, neglect, corporal punishment, and any other mistreatment by any individual.

(d) Any provider, or other person involved with a provider who suspects that child is being abused or neglected shall be a mandated reporter in accordance with RSA 169-C:29 and shall report the suspected abuse to the division for children, youth, and families by calling 1-800-894-5533.

(e) When any child, while in care of a provider, is the victim of corporal punishment or other harsh punishment or treatment and has been physically or mentally injured because the child was not adequately supervised, or when the health, safety, or well-being of any child has been otherwise seriously jeopardized due to a provider’s non-compliance with any of the provisions of He-C 6917, the enrolled child care provider shall fully inform the child’s parent of the details of the punishment, or of the incident which injured their child or jeopardized their child’s health, safety, or well-being, including the following details:

(1) The name of who was involved in, and who witnessed the incident, while keeping the identities of other children confidential;

(2) What occurred prior to and following the incident;

(3) When and where the incident occurred; and

(4) Any action that has been or will be taken by the provider as a result of the incident.

(f) The details of the incident outlined in (e) above shall be provided to the parents of the child or children involved in writing by the close of the next business day.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.15 Appropriate Precautions in Transporting Children {#sec-he-c-6917.15 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.15}

(a) Except for relative providers as defined in He-C 6917.03(r), providers who wish to take children on routine, unplanned local trips, or scheduled field trips shall obtain a signed and dated permission slip from each child’s parent, which specifies all approved destinations and activities. This permission slip shall include the destination of the trip and the estimated time that the parent can expect the child to return to the home where care typically takes place.

(b) During any field trip, providers shall have access to a phone in case of emergency and provide the phone number to parents.

(1) Registered, insured, and inspected in accordance with the laws and rules of the state of New Hampshire;

(2) Driven by individuals who are at least 18 years of age and hold a valid driver’s license; and

(3) Maintained in safe operating condition.

(d) Providers shall be prohibited from using mobile electronic devices while operating a vehicle to transport children, including hands-free operation.

(e) The number of persons who are transported by the provider shall be limited to the number of persons the vehicle is designed to carry.

(f) Children younger than 5 years of age who are transported by the provider or during any provider-sponsored activity shall not be transported in any vehicle exempted from seat belt requirements under RSA 265:107-a, II.

(g) Providers shall utilize individual, age-appropriate child restraints, or seat belts, which shall be provided for and used by each child in accordance with RSA 265:107-a.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.16 Monitoring Visits, Monitoring Statement, Program Improvement Plan, and Enforcement {#sec-he-c-6917.16 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.16}

(a) The department shall conduct an announced monitoring visit prior to enrollment.

(b) The department shall conduct an annual announced monitoring visit for all enrolled in-home child care providers in order to maintain enrollment.

(d) At the close of any monitoring visit, when an investigation is concluded, or as soon as possible thereafter, the department shall review with the provider a summary of any violations of He-C 6917 found during the visit.

(e) The department shall issue the monitoring statement via email, if a valid email address has been provided by the provider, or by United States mail if an email address has not been provided.

(f) The provider shall complete a program improvement plan for each violation included on the monitoring statement, which shall include the following:

(1) The action the provider has taken or will take to correct each violation;

(2) The steps the provider will take to ensure compliance with He-C 6917 and the applicable statutes in the future;

(3) The date by which each violation was corrected or will be corrected;

(4) The interim measures the provider has implemented to protect the health and safety of children when the violation cannot be corrected immediately; and

(5) The dated signature of the provider.

(g) The provider shall develop program improvement plans and return them to the department in accordance with the following:

(1) The program improvement plan shall be submitted to the department within 21 calendar days of the date the monitoring statement is sent out by the department; and

(2) The names of individuals, including children, shall not be included in the program improvement plans.

(h) When a submitted program improvement plan in accordance with (f) above is not acceptable to the department in correcting the violation, the department shall issue a directed program improvement plan to the provider.

(i) Notwithstanding (f), (g), and (h) above, when the department determines that there is an imminent threat to the health or safety of children, it shall issue a program improvement plan to the provider, without first offering the provider an opportunity to complete a program improvement plan.

(j) When the provider receives a program improvement plan issued by the department, in accordance with (h) and (i) above, it shall:

(1) Add any additional details regarding the improvement plan the provider feels are necessary; and

(2) Complete and return the program improvement plan in accordance with (f) above.

(k) Notwithstanding (a) through (g) above, when a provider has repeatedly violated standards set forth in He-C 6917 or has violated a rule or statute which resulted in physical or mental injury to a child, or caused a child to be in danger of physical or mental injury, the department shall initiate enforcement action pursuant to He-C 6914.08 without first requesting that the provider submit a program improvement plan.

(l) The provider shall comply with all department-approved program improvement plans.

(m) The provider shall:

(1) Maintain on file on the premises and make available to all a copy of the monitoring statement and program improvement plan; and

(2) Not alter the monitoring statement or program improvement plan issued by the department.

(n) Except for relative providers and children being cared for in their own home by a relative as defined in He-C 6917.03(r), the department shall post the monitoring statement and program improvement plan within 5 days of the date of issue on the department website.

(o) The department shall conduct follow up monitoring visits as needed to monitor the implementation of the program improvement plan.

(p) The department shall revoke or deny a new applicant or renewal as an enrolled child care provider in accordance with He-C 6912, He- C 6914, He- C 6918, and He-C 6920.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.17 Informal Dispute Resolution {#sec-he-c-6917.17 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.17}

(a) An opportunity for informal dispute resolution shall be available to any provider who disagrees with a citation issued by the department, per RSA 170-E:10-a.

(b) When requesting an informal dispute resolution, the provider shall:

(1) Submit a written notice to the department requesting an informal dispute resolution no later than 14 days from the date of issuance of the monitoring statement; and

(2) Include in the notice why the provider believes that the citation was issued erroneously as noted in the monitoring statement.

(c) In accordance with RSA 171-E:10-a, written notice of the department’s decision shall be provided to the provider within 30 days from receipt of the request and receipt of any and all information from the provider.

(d) An informal dispute resolution shall not be an option for any provider against whom the department has initiated a fine, or action to suspend, revoke, deny, or refuse to renew enrollment as a child care provider.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23

N.H. Code Admin. R. Ann. He-C 6917.18 Waiver of Rules {#sec-he-c-6917.18 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.18}

(a) A provider wishing to request a waiver of a rule shall provide in writing or electronically the following information:

(1) The provider’s name, address, phone number, and the bridges database resource identification number assigned by the department for electronic payments;

(2) The rule numbers for which the waiver is being requested;

(4) The number and age range of children who will be affected by the waiver;

(5) The signature of the enrolled child care provider;

(7) The plan for future compliance after the waiver period is over.

(b) A waiver shall be granted to the applicant or enrolled provider if the department determines that the alternative proposed by the applicant or enrolled provider:

(1) Meets the objective or intent of the rule;

(2) Does not negatively impact the health, safety, or well-being of the children; and

(3) Does not negatively impact the operation of the provider.

(c) When a waiver is approved, the provider’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which the waiver was sought.

(d) The department shall not approve any request for a waiver of any of the provisions relevant to state or federal law or of any rules of other state agencies which are referred to in this chapter.

(e) A waiver request shall be denied when any of the following occurs:

(1) The rule for which a waiver is being requested is related to fire safety or environmental health or safety;

(2) The provider has been found in violation of one or more of these rules and has not corrected the violation;

(3) The department finds that approval of the requested waiver will jeopardize the health or safety of children;

(4) The department finds that approval of the requested waiver will impair the provider’s ability to adequately care for children;

(5) The department finds that approval of the requested waiver will impair the operations of the child care provider; or

(6) The department determines that the provider has not submitted a written plan for compliance with the rule or an acceptable plan for satisfying the intent of the rules as an alternative to complying with the rule.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23 (formerly He-C 6917.17)

N.H. Code Admin. R. Ann. He-C 6917.19 Complaints and Investigations {#sec-he-c-6917.19 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.19}

(a) The department shall respond to any complaint that meets the following conditions:

(1) The alleged violation occurred not more than 6 months prior to the date the department was made aware of the allegation;

(3) There is sufficient specific information for the department to determine that the allegation, if proven to be true, would constitute a violation of any of the provisions of He-C 6917; or

(4) The complaint is received from any source and alleges a violation that occurred at any time if the complaint alleges:

a. Physical injury or abuse;

b. Verbal or emotional abuse; or

c. The danger of physical injury to one or more children.

(b) A complaint investigation shall be conducted when the department receives a complaint which meets the conditions specified in (a) above and which contains an allegation of violation of He-C 6917.

(c) When the complaint is determined to be founded, a monitoring statement shall be issued listing the violations found as a result of the investigation, and any other violations found during the visit, which shall be considered and treated as a finding of a complaint visit.

(d) When the complaint is determined to be unfounded, a notice shall be sent to the provider advising that the complaint was unfounded.

History

#12536, eff 5-24-18; ss by #13650, eff 5-25-23 (formerly He-C 6917.18)

N.H. Code Admin. R. Ann. He-C 6917.20 Confidentiality {#sec-he-c-6917.20 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6917.20}

(a) Except for law enforcement agencies or in an administrative proceeding against the applicant or enrolled provider, the department shall keep confidential any information collected during an investigation, unless it receives an order to release, destroy, or take any action relating to the information from a court of competent jurisdiction.

(b) When the department determines any child was the victim of corporal punishment, or other harsh punishment or treatment, or has been physically or mentally injured because the child was not supervised, or any child’s health, safety, or well-being was otherwise jeopardized due to provider’s non-compliance with He-C 6917, the department shall contact the child’s parent to ensure that the provider has fully informed the parent about the corporal punishment, or other harsh punishment or treatment, or the incident which injured their child or placed their child at risk, in accordance with He-C 6917.14(f).

(1) On the premises; and

(2) Accessible and available for review by the department, upon request, for one year, unless otherwise specified.

(d) A provider shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of children under their care and all facts learned about children and their families with the following exceptions:

(1) A provider shall allow the department access to all records that are required by department rule or state statute to keep; and

(2) A provider shall release information regarding a specific child only as directed by a parent of that child, or upon receipt of written authorization to release such information, signed by that child’s parent.

(e) Any provider shall not:

(1) Make false or misleading statements to the department, whether verbal or written; or

(2) Falsify any documents, other written information, or reports issued by or required by the department under He-C 6912, He-C 6914, He-C 6917, or He-C 6920.

(f) In addition to (d) above, a provider shall discuss or share information regarding the admission, progress, behavior, health, or discharge of a child with the child’s parent in a manner that protects and maintains confidentiality for both the child and the child’s parent.

History

#13650, eff 5-25-23 (formerly He-C 6917.20)

Part He-C 6918 Child Care Provider Billing and Payment Requirements

N.H. Code Admin. R. Ann. He-C 6918.01 Purpose {#sec-he-c-6918.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6918.01}

The purpose of this part is to identify the requirements to bill the department of health and human services (DHHS) and receive payment for child care services through a child care scholarship.

History

#12224, eff 7-10-17; ss by #13066, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6918.02 Scope {#sec-he-c-6918.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6918.02}

(a) This part shall apply to licensed and license-exempt child care providers who receive financial reimbursement from the DHHS for those families utilizing employment-related, preventive or protective child care services.

(b) The scholarship payments established pursuant to He-C 6918 shall be contingent upon the availability and continued appropriation of sufficient funds for this purpose, and in no event shall DHHS be liable for any payments here under in excess of such available appropriated funds.

History

#12224, eff 7-10-17; ss by #13066, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6918.03 Definitions {#sec-he-c-6918.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6918.03}

(a) “Authorized representative” means the person(s) who is designated or authorized by a child care provider to act on behalf of that provider in matters related to billing DHHS for child care services provided and is not the parent of a child in the provider’s care who is receiving child care scholarship.

(b) “Authorized service level” means full time, half time, or part time service level based on the number of hours per week of child care according to the approved activities plus commute time.

(c) “Caretaker relative” means a specified relative as defined in RSA 167:78, III, namely “a specified relative, other than a parent, who provides care and parental control to a dependent child.”

(d) “Case plan” means the division for children, youth and families (DCYF) written plan for the child and the family which outlines how services will be provided, and requirements to be met by a parent receiving a protective child care scholarship, pursuant to RSA 170-G: 4, III and 42 U.S.C. 671, Part E-Federal Payments for Foster Care and Adoption Assistance 42 USC 671(a) (16) and 42 USC 675(5) (a)-(D) state plan for foster care and adoption assistance.

(e) “Child care” means the act of providing safe and healthy care, including supervision, food, activity, and rest for a child for any portion of a 24-hour day, in order to promote healthy child development.

(f) “Child care scholarship” means payment to a provider of child care services on behalf of a family who meets the eligibility criteria of He-C 6910 or He-C 6912.

(g) “Child experiencing a disability or significant special need(s)” means a child through the age of 17 who has a verified medical, physical, developmental, educational, or emotional disability requiring additional funds for accommodation or classroom adaptation in the child care setting.

(h) “Commissioner” means the commissioner of the New Hampshire department of health and human services or designee.

(i) “Commute time” means for employment related child care one hour per day in a week, during which the parent(s) travels for active participation to and from an employment related activity.

(j) “Cost share” means a DHHS-determined portion of the standard rate charged as a fee to parents for child care services, based on family size and income pursuant to He-C 6910.18.

(k) “Department (DHHS)” means the department of health and human services of the state of New Hampshire.

(l) “Division for children, youth, and families (DCYF)” means the organizational unit of DHHS that provides services to children, youth, and families referred by courts pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, and RSA 463.

(m) “Employment-related activities” means participation in an approved activity that is designed to assist parents to enter, re-enter, or remain in the workforce as described in He-C 6910.07(e).

(n) “Enrolled child care provider” means a child care provider who has met the qualifications and requirements found in He-C 6914 and He-C 6912 and is authorized to receive payment from DHHS for child care services provided. The term includes the definition of “registered provider” pursuant to RSA 170-E:6-a.

(o) “Family” means a child(ren) and an adult(s) who reside in the same household and who have a birth, foster, step, adoptive, legal guardianship, or caretaker relative relationship.

(p) “Foster parent” means an individual who has a license or permit for foster family care, pursuant to He-C 6446.

(q) ”Fraud” means “fraud” as defined in RSA 167:58,IV.

(r) “Friend or neighbor provider” means a provider who cares for any number of his or her own children, whether related biologically or through adoption, and up to 3 additional children regularly for any part of the day, but less than 24 hours.

(s) “Full time” means greater than 30 hours of child care per week.

(t) “Half time” means greater than 15 and equal to or less than 30 hours of child care per week.

(u) “Job search” means a 92-calendar day period:

(1) Granted at initial eligibility, during which a parent is actively seeking employment; or

(2) Granted during a 12-month eligibility period when a parent’s approved activity terminates, to allow a parent the opportunity to engage or re-engage in an approved activity.

(v) “Legal guardian” means an individual who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of the child(ren).

(w) “Licensed” means a child care provider has been issued a child care license to operate by the commissioner of DHHS, in accordance with RSA 170-E, or has been issued a child care license to legally operate as a child care provider in accordance with the licensing requirements of a state neighboring New Hampshire.

(x) “License-exempt facility-based program” means a license-exempt child care provider pursuant to RSA 170-E:3, I (f) and(g).

(y) “License – exempt in home provider” means a person who is:

(1) Providing child care in a private home;

(2) Exempt from licensure pursuant to RSA 170-E:3; and

(3) Either a relative provider or a friend or neighbor provider.

(z) “NH Bridges” means the automated case management, information, tracking, and reimbursement system used by DHHS.

(aa) “Notification” means a written or printed document that advises:

(1) Families of:

a. The results of eligibility determinations; and

b. Other changes in child care scholarship; or

(2) Providers of:

a. Changes to a family’s child care scholarship, as applicable;

b. The maintenance of the provider’s enrollment status; and

c. Other information related to the provider’s compliance with these rules.

(ab) “Parent” means an individual who has a birth, adoptive, or step-parent relationship to the child(ren), a foster parent as defined in (p) above, a legal guardian as defined in (v) above, or a caretaker relative as defined in (c) above.

(ac) “Part time” means one to 15 hours of child care per week.

(ad) "Preventive child care" means child care authorized by the comprehensive family support agencies to prevent child abuse or neglect and to give the parent an opportunity to participate in programs designed to teach positive parenting skills and address concerns that could lead to child abuse or neglect.

(ae) “Protective child care” means child care authorized by DCYF while there is an open assessment or a founded case of child abuse or neglect in order to assist the parent, according to (ab) above, in maintaining employment, or when child care is in the best interest of the child or to provide an opportunity to address the concerns that lead to abuse or neglect.

(af) “Recipient” means a member of a family who meets eligibility requirements or authorization pursuant to He-C 6910 or He-C 6912 and is receiving child care scholarship from DHHS. The term includes the definition of “parent” in (ab) above.

(ag) “Registration fee” means a fee paid to a child care provider to register, enroll or sign up for child care services.

(ah) “Relative provider” means a provider who only cares for his or her children, children related to the provider, and children residing with the provider.

(ai) “Standard rate” means a DHHS determined rate used to calculate a child care scholarship and cost share amounts. This term includes "weekly standard rate”.

History

#12224, eff 7-10-17; ss by #13066, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6918.04 Child Care Billing and Payment Requirements {#sec-he-c-6918.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6918.04}

(a) DHHS shall make child care payments on behalf of an eligible child directly to a DHHS enrolled child care provider within 21 calendar days from receipt of the provider’s correctly completed invoice based on the child’s attendance up to the authorized service level and if all of the requirements of He-C 6918 are met.

(b) All child care providers and authorized representatives, if any, shall be required to submit invoices via the DHHS web billing application at https://business.nh.gov/beb/pages/index.aspx, and:

(1) Request a web billing account from DHHS by completing, signing, and submitting Form 2679 “Provider Web Billing User Account Request Form” (February 2017);

(2) Be issued a logon by DHHS for use in accessing the web billing account; and

(3) Be issued a temporary personal identification number (PIN) by DHHS for use in submitting web billing invoices and certifying to the information in (g)(4) below. The PIN shall denote the user’s signature.

(c) Neither the child care provider nor any authorized representative shall transfer his or her logon or PIN, or allow use of his or her log on or PIN by any other person.

(d) Each child care provider shall maintain weekly attendance records as described in (e) below for a period of 3 years for each week billed to DHHS.

(e) Each child care provider shall accurately document the following information on a weekly attendance record:

(1) The name of the child care provider or program;

(2) The date of service including the month, day, and year;

(3) The child’s first and last name;

(4) The time of the child’s arrival and departure; and

(5) The parent’s original signature, or electronic signature, including the first and last name.

(f) Child care payments in (a) above shall be made if the child care provider:

(1) Is enrolled with the DHHS child care scholarship program pursuant to He-C 6914 and He-C 6912;

(2) Has on a weekly basis, submitted a billing invoice for each eligible child according to (g) or (h) below, as applicable:

a. Where the hours present and billed matches the arrival and departure times on the attendance records signed by the parent;

b. Where the child absentee hours reflect hours the child was absent;

c. Where the hours billed do not include any hours beyond the child’s last day in attendance; or

d. Where the invoice does not include fees or extra charges such as materials, activity, field trip, fees, or late pick up charges or deposits which cover a portion of the payment; and

(3) Is an enrolled license-exempt child care provider and has been the only person providing the child care and supervision for the time billed to DHHS.

(g) For employment-related child care, DHHS shall make payment to the provider if:

(1) The provider or parent has submitted a completed, signed, and dated Form 1863, “Child Care Provider Verification,” (May 2020) pursuant to He-C 6910 with the understanding that:

“A licensed is required when care is given in a private home for more than 3 children, unrelated to the provider at any given time, in addition to my own children;

I cannot be reimbursed for child care scholarship if I reside in the same home as the child that I am caring for and/or if the child has a biological, step, or adoptive relationship to me; and

The department may release child care information to the above-named provider by the Department of Health and Human Services.”;

(2) The family was eligible for child care scholarship during the time period indicated in the child care provider’s billing invoice;

(3) The child care provider or an authorized representative completes and submits a billing invoice for each child pursuant to He-C 6918.04(b); and

(4) The web billing PIN is submitted to DHHS to certify that:

a. The billing was completed in accordance with this section;

b. The hours included on the invoice are one of the following:

Hours in which the child care services were provided;
Hours the child was absent;
The closure hours available, per calendar year, to the provider include:

(i) Thanksgiving day;

(ii) Christmas day;

(iii) New Year’s day;

(iv) Twelve hours of staff professional development;

(v) Twelve hours of program closures;

A federal, state, or DHHS administrator declared disaster closure day(s); or
Any combination of 1. – 4. above; and

c. The billing is true and accurate.

(h) Payment for preventive or protective child care services shall be authorized:

(1) For protective child care, Form 2110 “Service Authorization,” (6/30/08), completed by the child protection social worker (CPSW);

(2) For preventative child care, Form 1902 “Referral for Preventive Child Care Services,” (February 2017), completed by the comprehensive family support agency; and

(3) For both protective and preventive child care, Form 1864 “Protective Child Care Provider Verification” (February 2017), completed by the provider, pursuant to He-C 6912.

(i) Payment for preventive or protective child care services shall be made by DHHS if:

(1) The child was authorized for child care scholarship during the time period indicated on the child care provider billing invoice;

(2) The child care provider or an authorized representative completes and submits a billing invoice for each child; and

(3) The web billing PIN is submitted to DHHS to certify the invoice in accordance with (g)(4) above.

(j) Billing pursuant to (g)(4)b.2. and 3. above shall only reflect the hours the child was scheduled to attend the program.

(k) The provider shall only bill for the holidays listed in (g)(4)b.3.(i)-(iii) above, when the child care program is closed.

(l) DHHS shall not accept paper billing for provider closures listed in (g)(4)b. 3 and 4. above.

(m) The provider shall maintain a closure and training calendar in the web billing application.

(n) A foster parent with valid licensure to provide child day care services shall be approved to provide child day care services for children in care only when the ratio of children in care to other children receiving child day care services in the home is at least one to one.

(o) Upon written request from DHHS, and within 7 business days of such request, each child care provider shall provide DHHS with weekly attendance records as described in (e) above as supplemental billing documentation.

(p) If DHHS determines a child care provider submitted incorrect billing:

(1) DHHS shall adjust the incorrect billing invoice to negate the payment; and

(2) DHHS shall notify the provider to correct the billing errors and resubmit the billing invoice no later than 60 days from the date of service.

(q) If the provider does not comply with (p)(2) above, DHHS shall withhold the total amount of the child care payment from future DHHS payments to the provider, beginning with the next scheduled payment.

(r) DHHS shall not pay the billing invoice if the provider does not resubmit the billing invoice correctly in accordance with (f), (g), (h), (i) and (j) above.

(s) If DHHS determines the provider or the provider’s authorized representative has repeatedly submitted the billing invoices incorrectly, DHHS shall issue a notification with the following information:

(1) A description of the billing errors, including the type and frequency of the errors, and instructions on how to correct the billing errors;

(2) The required web-based training the provider shall attend within 20 business days of the date of the notification;

(3) How to access the mandated web-based training; and

(4) Notification that provider disqualification shall occur if:

a. Further billing errors occur after the provider has attended the mandated web-based training; or

b. The provider does not attend the mandated web-based training within 20 business days of the day of notification.

(t) Any child care provider applying for a DHHS assistance program shall report all child care payments received as income.

(u) A child care provider shall not be eligible to receive payments for child care services for a specific child when the provider has not:

(1) Submitted a weekly billing invoice and been paid within 60 days of the date of service in accordance with (f), (g), and (h) above; or

(2) Submitted invoices in accordance with (e) above.

(v) No claims shall be paid over 60 days.

(w) If DHHS does not pay the child care provider because the provider’s billing practices are contrary to the provider agreement, He-C 6914, He- C 6912, and He-C 6918, the provider shall:

(1) Only charge the parent the DHHS cost share plus the co-payment and not bill the parent for the cost of the child care services that could have been paid by DHHS; and

(2) Forfeit the right to pursue payment.

(x) DHHS shall issue to a child care provider a federal Form 1099 in January of each calendar year if the total reportable payment from all state agencies equals $600.00 or more.

(y) If an overpayment is received, a provider shall contact DHHS provider relations at (800) 852-3345.

(z) A provider and a parent shall determine whether the amount the parent or guardian pays the provider each week shall include one or both of the following:

(1) All or part of the cost share; and

(2) All or part of the copayment which is the difference between the DHHS maximum standard rate and the provider’s regular weekly fee.

(aa) DHHS shall allow one child care registration fee payment for employment related child care, up to $50.00 per calendar year for each child eligible for child care scholarship.

(ab) DHHS shall allow for preventive and protective child care registration fee payment, determined by the provider charge, for each child eligible for child care scholarship.

(ac) The registration fee charged in (z) and (aa) above shall not exceed the amount the provider charges to a private paying family.

(ad) DHHS shall not accept paper billing for child care registration fees.

History

#12224, eff 7-10-17; ss by #13066, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6918.05 Child Care Scholarship Payment {#sec-he-c-6918.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6918.05}

(a) Child care scholarship payments shall be made when children are absent such that each child shall receive a DHHS determined monthly allotment of absentee hours based on the child’s authorized service level that will be used whenever a child is absent until the monthly allotment is exhausted.

(b) The monthly absentee allotment shall be:

(1) Twenty-one hours for full time; or

(2) Thirteen hours for half time.

(d) Child care providers shall be paid a weekly standard rate based on the child care scholarship standard rate methodology pursuant to He-C 6910.17 and He-C 6912.16.

(e) The employment related NH child care scholarship cost share for each family shall be determined according to He-C 6910.18.

(f) For employment related child care, child care scholarship payment shall begin on the date of the completed and signed child care application or the begin date of child care on Form 1863 “Child Care Provider Verification” (May 2020), whichever is later.

(g) For preventive and protective child care, child care scholarship payment begins on the date of the child care authorization for child care scholarship.

(h) A provider shall submit an annual report to DHHS specifying how monies were spent for a child(ren) experiencing a disability or significant special need in accordance with He-C 6910.09(j)(2)b, He-C 6912.05(f)(2)b., and He-C 6912.10(b)(2)b.

History

#12224, eff 7-10-17; ss by #13066, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6918.06 Provider Disqualification {#sec-he-c-6918.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6918.06}

Any enrolled licensed or license-exempt child care provider shall be disqualified if he or she has:

(a) Submitted a billing invoice, including, but not limited to the following:

(1) Billing for child care services not provided; or

(2) Billing for child care services provided:

a. By another person or provider; or

b. While not in compliance with child care licensing requirements under He-C 4002;

(b) Either:

(1) Not provided the supporting billing documentation as required by He-C 6918.04(g) and (h); or

(2) Provided information on the supporting billing documentation that is fraudulent, false, or misleading, including weekly attendance records;

(c) Not met the criteria in He-C 6914.08(c)(2), or He-C 6912.17 (c)(2) but has been determined to have repeated billing errors after receiving a notification from the DHHS identifying the errors and correct billing procedures pursuant to He-C 6918.04(s), and the provider:

(1) Failed to complete the mandated web-based training; or

(2) Completed the mandated web-based training but continued to submit the billing invoices or attendance records incorrectly; or

(d) Been disqualified pursuant to He-C 6914.08(c) or (d) or He-C 6912.17 (c) or (d).

History

#12224, eff 7-10-17; ss by #13066, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6918.07 Appeals {#sec-he-c-6918.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6918.07}

(a) A provider or parent may appeal a decision made by DHHS within 10 business days of the receipt of the notification when:

(1) The payment has been withheld; or

(2) The payment amount is disputed.

(b) The request for an appeal shall be made in accordance with He-C 200.

History

#12224, eff 7-10-17; ss by #13066, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6918.08 Recoupment of Overpayments {#sec-he-c-6918.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6918.08}

(a) An overpayment shall have occurred under one of the following conditions:

(1) When a provider or parent requests continuation of a child care scholarship according to He-C 6918.07, pending the outcome of an appeal and the appeal decision upholds the DHHS proposed action; or

(2) For any other reason that a provider received an incorrect higher amount of payment than he or she should have received.

(b) When an overpayment has occurred, DHHS shall determine the cause in accordance with (c), (e), (h), and (i) below.

(c) The overpayment shall be solely the fault of the provider when the parent is in compliance with the provisions of He-C 6910 and He-C 6912, and the provider has been paid for child care services:

(1) Not provided; or

(2) That were not provided in compliance with He-C 6912, He-C 6914, He-C 6918, and the provider agreement.

(d) If the overpayment has been determined to be solely the fault of the provider, the provider shall receive a notification that an overpayment has occurred, and that repayment shall be made in accordance with (j) below.

(e) The overpayment shall be solely the fault of the parent if:

(1) The provider is in compliance with He- C 6912, He-C 6914 and He-C 6918 and the provider agreement;

(2) The parent has not complied with the provisions of He-C 6910 or He-C 6912; and

(3) The provider has no knowledge that the parent was out of compliance with the provisions of He-C 6910 or He-C 6912.

(f) If an overpayment has been determined to be solely the fault of the parent, by a false statement, misrepresentation, or concealment, the parent shall receive notification that an overpayment has occurred and payments shall be recouped in accordance with RSA 167:17-a.

(g) The overpayment shall be the fault of both the parent and provider when:

(1) Both parties are out of compliance with He-C 6910, He-C 6912, He-C 6914 and He-C 6918; or

(2) Both parties were in collusion, meaning they agreed to actions with the understanding that their actions constituted a violation of the provisions of these rules, He-C 6910, He-C 6912, He-C 6914 or He-C 6918.

(h) If the overpayment is determined to be the fault of both the parent and the provider, notification shall be sent to both parties, and DHHS shall initiate further action such as recoupment of payment from either or both the parent and provider.

(i) If the provider or parent has opted to continue to receive a child care scholarship pending the outcome of the appeal and the appeal decision upholds the DHHS proposed action as in (a)(1) above, the provider or parent requesting the continuing child care scholarship shall be the cause of the overpayment and shall be responsible for the repayment.

(j) Within 30 days of notification in accordance with (d) above, the provider shall agree to do one of the following:

(1) Repay the overpayment in full; or

(2) For a currently enrolled child care provider, choose to have the total amount of child care payment withheld from future DHHS child care payments to the provider, beginning with the next scheduled payment after an agreement has been reached or after the 30 days has elapsed, whichever occurs first, until the overpayment is repaid in full.

(k) If the provider fails to comply with (j) above, then the overpayment shall be recouped in full beginning with the next scheduled payment to the provider after the 30 days has elapsed, or for as long as is necessary to recoup the overpayment in full.

History

#12224, eff 7-10-17; ss by #13066, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6918.09 Confidentiality {#sec-he-c-6918.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6918.09}

(a) Except for law enforcement agencies or in an administrative proceeding against the child care provider, the department shall keep confidential any information collected during an investigation, unless it receives an order to release, destroy, or take any action relating to the information from a court of competent jurisdiction.

(b) A provider shall maintain all records, whether in electronic or paper format, required by He-C 6918, and the records shall be:

(1) On the premises; and

(2) Accessible and available for review by the department, upon request, for 3 years, unless otherwise specified.

(c) A child care provider shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of children under their care and all facts learned about children and their families with the following exceptions:

(1) A child care provider shall allow the department access to all records required by department rule or state statute, and to such records as necessary for the department to determine staffing patterns and staff attendance; and

History

#12224, eff 7-10-17; ss by #13066, eff 7-1-20

N.H. Code Admin. R. Ann. He-C 6918.10 Waiver of Rules {#sec-he-c-6918.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6918.10}

(a) Providers who request a waiver of a requirement in He-C 6918 shall submit a written request to DHHS, which includes the following information:

(1) The program name, address, phone number, and NH Bridges resource ID number assigned by the department;

(2) The specific reference to the section of the rule for which a waiver is being requested;

(3) An explanation of why a waiver is necessary, the length of time for which the waiver is requested, not to exceed 92 days, and any effect the granting of the waiver will have on the health and safety of the children in the program;

(4) The number and age range of children who will be affected by the waiver;

(5) A written plan to achieve compliance with the rule or explaining how the provider will satisfy the intent of the rule, if the waiver is granted;

(6) The signature of the enrolled child care provider; and

(7) The signature of the parent or copy of a notice which has been shown to, or mailed to each parent, explaining the waiver request and informing the parent that he or she may call the department if they have any concerns about the requested waiver.

(b) A waiver shall be granted to the child care provider if:

(1) The department concludes that authorizing deviation from compliance with the rule from which the waiver is sought does not contradict the intent of the rule or conflict with statute; and

(2) The alternative proposed ensures that the object or intent of the rule will be accomplished.

(d) The department shall not approve any request for a waiver of any of the provisions relevant to state or federal law or any rules of other state agencies, which are referred to in this rule.

(e) A waiver request shall be denied when any of the following occurs:

(1) The department finds that approval of the requested waiver will jeopardize the health or safety of children;

(2) The department finds that approval of the requested waiver will impair the program’s or provider’s ability to adequately care for children; or

(3) The department finds that approval of the requested waiver will impair the operations of the program.

(f) A waiver shall be granted in writing for the duration of time requested in (a)(3) above, from the date the waiver was granted.

History

#13066, eff 7-1-20

Part He-C 6920 Criminal Records and Central Registry Check for License-Exempt Child Care Providers

N.H. Code Admin. R. Ann. He-C 6920.01 Purpose {#sec-he-c-6920.01 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6920.01}

The purpose of this part is to describe the procedures and requirements used by the department of health and human services (department) to conduct and act on criminal records and central registry checks for license-exempt child care providers, pursuant to RSA 170-E:3-a and RSA 170-E:7, and to set forth the requirements for confidentiality of any information obtained during those procedures.

History

#7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12; ss by #13401, eff 7-1-22; amd by EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6920.02 Scope {#sec-he-c-6920.02 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6920.02}

This part shall apply to the individuals, programs, staff, and household members of all license-exempt child care providers listed in RSA 170-E:3, I(a) through (h) who have applied for or are receiving child care reimbursement from the state of New Hampshire (NH).

History

#7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12; ss by #13401, eff 7-1-22; amd by EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6920.03 Definitions {#sec-he-c-6920.03 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6920.03}

(a) “Applicant” means an individual or child care provider who applies for authorization to be reimbursed by the state of NH as an enrolled child care provider as described in (j) below and in accordance with He-C 6910.

(b) “Assistance group” mean the individuals who are residing in the same household whose needs

and income are considered and combined together when determining eligibility and the amount of assistance for child care.

(c) “Authorized representative” means the person who is designated or authorized by a child care provider to act on behalf of that provider in matters related to billing the department for child care services provided and is not the parent of a child in the provider’s care who is receiving child care scholarship.

(d) “Background check” means the process of conducting central registry and criminal records searches pursuant to RSA 170-E:3-a and RSA 170-E:7.

(e) “Caretaker relative” means a relative, who is not the biological parent of a child, but is providing care and supervision of the child in the assistance group.

(f) “Central registry” means the state registry of founded reports of child abuse and neglect as established and defined under RSA 169-C:35.

(g) “Child care” means the act of providing supervision, food, activity, and rest for a child for a period less than 24 hours per day, in order to assist a parent, caretaker relative, or legal guardian in preparing for, securing, or maintaining employment or employment-related education or training apart from the child’s parent, caretaker relative, foster parent, or legal guardian.

(h) “Child care reimbursement” means the receipt of state funds by a provider of child care services on behalf of a family which meets the eligibility criteria of He-C 6910.

(i) “Criminal records” means information relative to conviction for felonies, misdemeanors, or violations maintained by the New Hampshire department of safety, division of state police as provided for under RSA 106-B:14 and information relative to criminal convictions maintained in the Federal Bureau of Investigation fingerprint database.

(j) “Enrollment” means that a child care provider has met the requirements in He-C 6914.04 and is authorized to receive payment for services from the department.

(k) “Foster parent” means an individual who has a license or permit for foster family care, pursuant to He-C 6446.

(l) “Household member” means any individual, regardless of relationship, who lives with a private home provider.

(m) “Legal guardian” means an individual, who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of a child.

(n) “License-exempt facility-based program” means a license-exempt child care provider pursuant to RSA 170-E:3, I(f) and (g) that is enrolled as a child care provider pursuant to He-C 6914.

(o) “License-exempt in-home home provider” means an individual who is:

(1) Providing child care services in a private home;

(2) Exempt from licensure pursuant to RSA 170-E:3(h); and

(3) Either a relative provider or a friend or neighbor provider.

(p) “NH Connections Information System” means an online portal for child care staff to access professional development opportunities, complete background record checks, and allow child care program directors to manage staff requirements and respond to program monitoring results.

(q) “Parent” means an individual who has a birth, adoptive, or stepparent relationship to a child or children, a foster parent as defined in (k) above, a legal guardian as defined in (m) above, or a caretaker relative as defined in (e) above.

(r) “Present threat” means that, based on the facts revealed in the background check or in the subsequent investigation, a reasonable person might conclude that the safety of children might be at risk.

(s) “Provider” means an individual or a public or private organization enrolled with the department in accordance with He-C 6910 to provide child care services to a family, which includes license-exempt in-home providers as defined in (o) above.

(t) “Regular contact” means a household member, staff member, or any other individual who might:

(1) Have access to the premises where child care is being provided; and

(2) Be present when there are children in child care.

(u) “Staff member” means any individual, whether paid, unpaid, or volunteer who is used to meet staff to child ratios or who will be alone with children and is providing child care for children at a facility-based program or who has regular contact with children in child care at the facility-based program in accordance with RSA 170-E.

(v) “Supporting documentation” means information that is submitted by the applicant, provider, staff member, or household member in order to demonstrate that the individual does not pose a present threat to the safety of children, which may include written and oral statements and interviews that relate to:

(1) The individual’s character;

(2) The circumstances of the behavior in question; or

(3) The specific act(s) under scrutiny.

History

#7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12; ss by #13401, eff 7-1-22; amd by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6920.04 Background Check Requirements {#sec-he-c-6920.04 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6920.04}

(a) A background check shall be conducted in accordance with RSA 170-E:3-a and RSA 170-E:7 on any of the following individuals who will have regular contact with or provide care for children in a child care setting in a private home or facility-based program:

(1) The applicant or in-home provider;

(2) Each staff member employed by the facility-based program; and

(3) All household members residing with the applicant or in-home provider.

(b) Each individual listed in (a) above who is 18 years of age or older shall submit for a background record check in the “New Hampshire Connections Information System” (NHCIS) found at https://new-hampshire.my.site.com/nhccis/s/login, as follows:

(1) At the time of an applicant’s initial request for enrollment in accordance with He-C 6914;

(2) For facility-based programs, prior to the first day of employment for any new staff member;

(3) For in-home providers, prior to the first day that:

a. A new household member moves into the home; and

b. A previous household member returns to the home;

(4) For in-home providers, within 30 calendars days that a current household member turns 18 years of age; and

(5) Once every 5 years in order to maintain enrollment.

(c) Pursuant to RSA 170-E:7, IV-b, individuals exempt in accordance with (a) above shall have on file at the program, a statement from the individual stating since the day the individual’s background check was completed, that the individual:

(1) Has not been convicted of any crimes; and

(2) Has not had a finding by the department or any administrative agency in this or any other state for abuse, neglect, or exploitation.

(d) The department shall make a determination regarding the individual’s eligibility in accordance with RSA 170-E:7, III and IV and notify the provider and individual within 45 days of submission of all required information as required in this section and RSA 170-E:7.

(e) When the department receives the results of the fingerprint-based criminal background check for an individual that does not include any disqualifying information as described in RSA 170-E:7, III and IV, it shall notify the provider that the individual may be present in the program, provided the individual is never alone with children and always under the direct supervision and observation of a staff member whom the department has deemed eligible. This direct supervision and observation shall continue until the department receives all results from the background check required in RSA 170-E:7 and notifies the provider and individual as described in (d) above.

(f) When the department determines that an individual is ineligible to work in child care, in accordance with RSA 170-E:7, III or IV, it shall provide notice to the individual that includes:

(1) The department’s determination of ineligibility;

(2) The basis for the determination; and

(3) The individual’s right to challenge the individual’s criminal record pursuant to Saf-C 5703.12.

(g) When the department determines that an individual is ineligible to work in child care, in accordance with RSA 170-E:7, III or IV, it shall provide notice to the provider that:

(1) The department determined the individual to be ineligible to work in child care; and

(2) The provider shall take immediate action to prohibit the individual from being on the premises of the child care program and from having access to the children enrolled in the program.

(h) The provider shall inform the department in writing within 2 business days of receipt of the notice sent in (g) above of the specific action it has taken as required under (g)(2) above.

(i) Any individual who has been separated from employment from a child care provider within the state for a period of 180 consecutive days or more, shall be required to submit a new criminal background check prior to employment or submitting an application seeking enrollment, as described in (b) above pursuant to RSA 170-E:7, II-a (b).

(j) If the results of the background check are not received by the department due to the applicant’s or provider’s failure to complete the process described in He-C 6920.04(a) and (b) above, the application for initial enrollment or renewal of enrollment shall be denied, and the payments to the provider shall be withheld in accordance with He-C 6920.08.

(k) Individuals required to complete background record checks as specified in (a) above shall not have access to children or be on the premises of the child care facility, the in-home provider’s home, or the child’s home, if care is provided there, during the hours of child care until the provider receives notice of eligibility to work pursuant to RSA 170-E:7, III from the department.

History

#7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12; ss by #13401, eff 7-1-22; amd by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6920.05 Procedure When a Criminal Conviction or Central Registry History Exists {#sec-he-c-6920.05 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6920.05}

(a) When an applicant’s background check includes a disqualifying crime pursuant to RSA 170-E:7, III, the applicant will not be authorized to receive payment for services from the department pursuant to RSA 170-E:7, III(a).

(b) When an applicant’s background check indicates a conviction or finding in accordance with RSA 170-E:7, IV, the applicant shall receive written notification of the following:

(1) The results of the background check;

(2) A request that the applicant submit supporting documentation within 10 calendar days of the dae of receipt of the notification;

(3) Information that the department shall review the supporting documentation submitted and shall conduct an investigation in accordance with He-C 6920.07 in order to make a determination on the application;

(4) Information that failure to submit supporting documentation as described in (2) above shall result in denial of the application;

(5) Information that if the investigation indicates that the applicant poses a present threat to the safety of children, then the application shall be denied; and

(6) Information that the applicant may appeal the department’s decision on the application in accordance with He-C 6920.10.

(c) When an in-home provider’s background check at subsequent background checks, as required in He-C 6920.04(b)(5), indicates a conviction or finding in accordance with RSA 170-E:7, IV, the provider shall receive written notification of the following:

(1) The results of the background check;

(2) That payments to the in-home provider shall be withheld until an investigation is completed in accordance with He-C 6920.07;

(3) A request that the in-home provider submit supporting documentation within 10 calendar days of the date of receipt of the notification;

(4) Information that the department shall review the supporting documentation submitted and conduct an investigation in order to make a determination as follows:

a. That if the individual poses a present threat to the safety of children, then the department shall revoke their enrollment in accordance with He-C 6920.08; or

b. That if the individual does not pose a present threat to the safety of children, then the department shall reinstate payments;

(5) Information that failure to submit supporting documentation as described in (3) above shall result in revocation of the enrollment; and

(6) Information that the in-home provider may appeal the revocation in accordance with He-C 6920.10.

(d) When a facility-based program staff member is working and the staff member’s background check indicates a conviction or finding in accordance with RSA 170-E:7, IV, the authorized representative shall receive written notification as follows:

(1) The background check reveals a conviction or finding;

(2) The authorized representative shall submit a corrective action plan in accordance with He-C 6920.06; and

(3) The facility-based program shall temporarily suspend the staff member pending the outcome of the investigation unless a corrective action plan has been approved by the department in accordance with He-C 6920.06.

(e) When a background check of a household member who shall be present at the residence while there are children in care indicates a conviction or finding in accordance with RSA 170-E:7, IV, written notification shall be sent as follows:

(1) The applicant shall be notified that:

a. The background check indicates a conviction or finding as described in (a) above;

b. Supporting documentation showing that the household member does not pose a present threat to the safety of children shall be submitted within 10 calendar days of the date of receipt of the notification by the following:

The household member, if over the age of 18; or
The parent or legal guardian, if the household member is under the age of 18;

c. Failure to submit the supporting documentation in b. above shall result in the denial of application; and

d. The applicant may appeal the decision to deny the application in accordance with He-C 6920.10;

(2) The in-home provider shall be notified that:

a. The background check indicates that the household member has a conviction or finding as described in (a) above;

b. The in-home provider shall submit a corrective action plan as described in He-C 6920.06;

c. Supporting documentation showing that the household member does not pose a present threat to the safety of children shall be submitted within 10 calendar days of the date of receipt of the notification by:

The household member, if over the age of 18; or
The parent or legal guardian, if the household member is under the age of 18;

d. Payments shall be withheld pending the investigation;

e. Failure to submit a corrective action plan as described in b. above shall result in revocation of the enrollment in accordance with He-C 6920.08;

f. Failure to submit supporting documentation as described in c. above shall result in revocation of the enrollment in accordance with He-C 6920.08; and

g. The in-home provider may appeal the decision to revoke the enrollment in accordance with He-C 6920.10; and

(3) The household member or parent or legal guardian, as applicable, shall be notified:

a. Of the results of the background check; and

b. That the individual shall submit supporting documentation that they do not pose a present threat to the safety of children within 10 calendar days of the notice in (1) or (2) above.

(f) If the staff member or household member does not submit supporting documentation as described in (c), (d), or (e) above, then the department shall:

(1) Notify the applicant, in-home provider, or facility-based program that the respective staff member or household member is not cooperating with the investigation; and

(2) Notify the in-home provider and facility-based program that if the supporting documentation is not received within 2 business days of the date of receipt of the notice, then child care payments shall be withheld until the information is received.

(g) If the time limit in (f)(2) for receipt of information has been exhausted, then payment to the in-home provider or facility-based program shall be withheld until one of the following is met:

(1) The supporting documentation requested is submitted, the investigation is completed, and the result of the investigation shows that the staff member or household member does not pose a present threat to the safety of children;

(2) The facility-based program submits supporting documentation that the staff member is no longer affiliated with the facility-based program, such as, but not limited to:

a. Staff records which indicate that the staff member has not been in attendance;

b. A copy of the termination letter from the provider to the staff member;

c. A copy of the resignation letter from the staff member; or

d. A signed and dated statement from the authorized representative that the staff member is no longer affiliated with the facility-based program; or

(3) For in-home providers, a signed and dated statement from the in-home provider that confirms that the household member shall not:

a. Be on the premises when there are children in child care; and

b. Have any contact with the children in child care.

History

#7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12; ss by #13401, eff 7-1-22; amd by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6920.06 Corrective Action Plans {#sec-he-c-6920.06 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6920.06}

(a) A corrective action plan shall be submitted within the following timeframes:

(1) For applicants, the corrective action plan shall be submitted to the department within 10 days of receipt of notification of the results of an investigation in He-C 6920.07 that finds that a staff member or household member poses a present threat to the safety of the children in child care; or

(2) For in-home providers and facility-based programs, the corrective action plan shall be submitted to the department within 2 business days of receipt of notification in He-C 6920.05.

(b) Corrective action plans shall meet the following requirements:

(1) For in-home providers, corrective action plans shall indicate that the household member:

a. Shall not be on the premises during the hours that the provider is providing child care; and

b. Shall not have contact with the children in child care;

(2) For facility-based providers, corrective action plans shall:

a. Indicate that the staff member is no longer affiliated with the facility-based program and describe the steps that the applicant or facility-based program intends to take to ensure that the staff member:

Shall not be on the premises during the hours of child care; and
Shall not have contact with the children in child care; or

b. Include plans for the direct supervision of the staff member and other proposed measures designed to ensure the safety of children; and

(3) For both (1) and (2) above, corrective action plans shall include an immediate implementation date for the actions identified.

(c) The department shall reject a corrective action plan submitted by a provider or applicant when the plan fails to meet the applicable standards established in (b) above.

(d) The applicant, in-home provider, or facility-based program shall submit documentation that confirms the corrective action plan described in (b) above has been implemented, including but not limited to:

(1) Staff records which indicate that the staff member has not been in attendance;

(2) A copy of the termination letter from the facility-based program to the staff member;

(3) A copy of the resignation letter from the staff member;

(4) A signed and dated statement from the facility-based program confirming that the staff member is no longer affiliated with the program;

(5) A signed and dated statement from the in-home provider or facility-based program that the staff member or household member shall not be on the premises when there are children in child care and shall not have contact with the children in child care; or

(6) A signed and dated statement from the applicant, in-home provider, or facility-based program that the proposed measures described in the corrective action plan, and as agreed upon with the department, have been implemented.

(e) An applicant’s or provider’s failure to submit a corrective action plan or to comply with a corrective action plan shall result in:

(1) The denial of the application for enrollment as described in He-C 6920.08; or

(2) The revocation of the provider’s enrollment as described in He-C 6920.08.

History

#7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12 (from He-C 6920.09); ss by #13401, eff 7-1-22; amd by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6920.07 Investigations {#sec-he-c-6920.07 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6920.07}

(a) The department shall conduct an investigation when the individual has a:

(1) Conviction of fraud in this or any other state by a court of law;

(2) Conviction of any crime as referenced in RSA 170-E:7, IV; or

(3) Complaint of abuse, neglect, or exploitation substantiated by the department or in any other state.

(b) During the course of the investigation, each individual for whom a background check reveals criminal convictions or a history of founded abuse or neglect shall have the opportunity to present supporting documentation in accordance with RSA 170-E:7, IV and as described in (c) below.

(c) The applicant, in-home provider, facility-based program staff member, or household member with the conviction or finding, may submit to the department any supporting documentation that states how the individual does not pose a present threat to the safety of children from mental health professionals, physicians, law enforcement professionals, or any other professional who can attest as such.

(d) Upon receipt of the supporting documentation described in (c) above, the department shall conduct an investigation to determine whether the individual poses a present threat to the safety of children in child care by reviewing the following factors:

(1) The seriousness of the incident(s) or conviction(s) in relation the individual’s child care responsibilities;

(2) The relationship of the criminal act to the provision of child care;

(3) The number of incidents or convictions;

(4) The age of the individual at the time of the incident(s) or conviction(s);

(5) The amount of time since the occurrence of the incident(s) or conviction(s); and

(6) Any attempts made by the individual to correct the behavior, including but not limited to counseling related to the incident.

(e) If the facts indicate that the individual does not pose a present threat to the safety of the children in child care, then the department shall:

(1) Approve the application, if the applicant is otherwise eligible;

(2) Renew the in-home provider’s or facility-based program’s enrollment, if the in-home provider or facility-based program is otherwise eligible; or

(3) Reinstate the in-home provider’s or facility-based program’s child care payments if previously withheld.

(f) If the facts indicate that the applicant or in-home provider poses a present threat to the safety of the children in child care, then the application shall be denied and the enrollment shall be revoked.

(g) When the facts indicate that the individual poses a present threat to the safety of the children in child care, the application shall be denied or an enrollment shall be revoked if the applicant, in-home provider, or facility-based program does not submit a corrective action plan and:

(1) The in-home provider does not remove the household member from the home; or

(2) The facility-based program does not remove the staff member from the program.

(h) The applicant, in-home provider, or facility-based program shall submit proof of the removal of an individual who poses a present threat to the safety of children within 2 business days from the date of the receipt of notification in (j) below, or the application shall be denied or the revocation of the enrollment shall take effect.

(i) The applicant or provider may appeal the denial of the initial or renewal application or the revocation of the enrollment in accordance with He-C 6920.10.

(j) The applicant or provider shall receive written notification of the information contained in (f) and (g) above.

History

#7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12 (from He-C 6920.10); ss by #13401, eff 7-1-22; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6920.08 Denial of Application, Non-Renewal of Enrollment, Withholding of Payments, and Revocation of Enrollment {#sec-he-c-6920.08 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6920.08}

(a) An application for enrollment shall be denied as a result of a background check when:

(1) Information regarding the criminal records or central registry history is not received by the department as required by He-C 6920.04;

(2) The applicant, staff member, or household member fails to submit supporting documentation within 10 days of the receipt of written notification requesting this information in accordance with He-C 6920.05; or

(3) The investigation conducted by the department on the applicant in accordance with He-C 6920.07 reveals that the applicant, staff member, or household member poses a present threat to the safety of children.

(b) A provider’s enrollment shall not be renewed as a result of a background check when:

(1) Information regarding the criminal records or central registry history is not received by the department due to the failure of the provider to submit the information as required by He-C 6920.04;

(2) The provider, staff member, or household member fails to submit supporting documentation within 10 days of the receipt of notification requesting this information in accordance with He-C 6920.05; or

(3) The investigation conducted by the department in accordance with He-C 6920.07 reveals that the provider, staff member, or household member poses a present threat to the safety of children.

(1) Information regarding the criminal records or central registry history is not received by the department due to the failure of the in-home provider, household member, or facility-based program staff member to submit the information as required by He-C 6920.04;

(2) The background check reveals that the in-home provider, a household member, or a facility-based program staff member has a criminal history, or a history of founded abuse or neglect as described in He-C 6920.04; or

(3) An in-home provider, a household member, or a facility-based program staff member fails to submit supporting documentation in accordance with He-C 6920.05.

(d) The withholding of payments shall continue until a decision is reached by the department after:

(1) The background check for the provider, staff member, or household member is completed in accordance with He-C 6920.04 and if required, supporting documentation as described in He-C 6920.07(c) is submitted;

(2) The investigation is completed and indicates that the provider, staff member, or household member does not pose a present threat to the safety of children;

(3) The staff member submits supporting documentation as described in He-C 6920.07(c);

(4) The staff member is no longer employed by the facility-based program; or

(5) The household member, or if the household member is under the age of 18, the parent or legal guardian, provides supporting documentation as described in He-C 6920.07(c) or no longer resides at the home of the in-home provider.

(e) Revocation of a provider’s enrollment shall occur when the results of an investigation find that the provider poses as a present threat to the safety of children in child care, or a staff member or household member has been identified to pose a present threat to the safety of children in child care, and:

(1) The staff member or household member, or parent or legal guardian if the household member is under the age of 18, has failed to submit supporting documentation to the department within the required timeframes identified in these rules; or

(2) The provider has:

a. Not completed the corrective action plan in accordance with the timeframes identified in He-C 6920.06; or

b. Failed to implement or comply with an approved corrective action plan.

(f) The applicant or provider shall be sent written notification by certified mail regarding the denial or revocation of the enrollment or if payment will be withheld.

(g) The notification shall:

(1) Inform the applicant of the denial of the application;

(2) Inform the provider that payments shall be withheld or the revocation of enrollment shall be effective 10 business days from the date of the receipt of the notification;

(3) Include the reason(s) for the denial, revocation, or withheld payments; and

(4) Include the applicant’s or provider’s right to appeal in accordance with He-C 6920.10.

(h) Any parent, caretaker relative, or legal guardian eligible under He-C 6910 who is utilizing the child care services of a provider whose enrollment has been revoked or denied due to the results of a background check or an investigation, shall be notified via certified mail of the following:

(1) That the provider does not meet the minimum requirements to operate as a license-exempt child care provider;

(2) The department shall deny child care reimbursement to the provider;

(3) That information obtained by the department from or about the provider is confidential and cannot be made available for review;

(4) That the provider shall no longer provide child care and that the parent, caretaker relative, or legal guardian shall need to seek other child care arrangements; and

(5) Information regarding the New Hampshire Child Care Search portal, found on the “New Hampshire Connections Information System” to assist parents in finding a new child care provider.

History

#7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12 (from He-C 6920.11); ss by #13401, eff 7-1-22; amd by EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6920.09 Confidentiality of Records and Release of Information {#sec-he-c-6920.09 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6920.09}

Information submitted by the provider, staff members, or household members during the enrollment process, and all records regarding the facts that have been obtained by the department during the investigation, shall be kept confidential, except by court order to release the information or for the purpose of conducting an adjudicative proceeding.

History

#7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12 (from He-C 6920.12); ss by #13401, eff 7-1-22; amd by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

N.H. Code Admin. R. Ann. He-C 6920.10 Appeals {#sec-he-c-6920.10 omnilex-key=us-nh-regs-official--agency-he-c--He-C 6920.10}

(a) An applicant or provider may appeal a decision made by the department within 10 business days of the receipt of the notification when:

(1) The application for enrollment has been denied;

(2) Payments have been withheld; or

(3) Enrollment has been revoked or not renewed.

(b) The request for an appeal shall be made in accordance with He-C 200.

APPENDIX

Rule

Specific State or Federal Statutes or Regulations the Rule Implements

He-C 6910.01

RSA 161:2, XII; RSA 167:83, I(b); RSA 167:83, II(o)

He-C 6910.02

RSA 167:77, V(e)

He-C 6910.03

RSA 161:2, XII; RSA 167:58, IV; RSA 167:83, I(b); RSA 167:83, II(o); RSA 167:84; RSA 170-E:3; RSA 170-E:6-a

He-C 6910.04

RSA 167:79, III(d)–(g); RSA 167:83, II(o)

He-C 6910.05

RSA 161:2, XII; RSA 167:80, IV(b) and (i); RSA 167:83, II(o)

He-C 6910.06

RSA 167:83, II(c) and (o)

He-C 6910.07

RSA 161:2, XII; RSA 167:80, IV(b) and (i); RSA 167:82, VI; RSA 167:83, II(o),(q)

He-C 6910.08

RSA 167:7, VI; RSA 167:85; RSA 167:88; RSA 167:90;

RSA 167:91

He-C 6910.09

RSA 167:83, II(c) and (o); 45 CFR 98.20(a)(2)(ii)

He-C 6910.10

RSA 167:79, V(b); RSA 167:83, II, (c),(e),(m)

He-C 6910.11

RSA 167:83, II(b); RSA 167:83, III(h)

He-C 6910.12

RSA 161:2, XII; RSA 167:83, II

He-C 6910.13

RSA 167:83, II(o)

He-C 6910.14

RSA 167:83, II(c) and (o)

He-C 6910.15

RSA 161:2, XII; RSA 167:83, II

He-C 6910.16

RSA 161:2, XII; RSA 167:83, II

He-C 6910.17

RSA 167:83, II(o); 45 CFR 98.45

He-C 6910.18

RSA 161:2, XII; RSA 167:83, II(o); RSA 167:83, III(g);

RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:12

He-C 6910.19

RSA 167:83, II(a); RSA 541-A:31, I and II

He-C 6910.20

RSA 170-E:11, I(m)

He-C 6912.01

RSA 161:2, RSA 167:83, I(b); and RSA 170-G:4, II, III

He-C 6912.02

RSA 161:2, RSA 167:83, I(b); and RSA 170-G:4, II, III

He-C 6912.03

RSA 161:2, RSA 167:83, I(b); and RSA 170-G:4, II, III

He-C 6912.04

RSA 161:2, RSA 167:83, I(b); and RSA 170-G:4, II, III

He-C 6912.05

RSA 161:2, RSA 167:83, I(c); and RSA 170-G:4, III, VI

He-C 6912.06

RSA 161:2, XII ; RSA 167:83, II(o); RSA 170-E:3-a;

RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, XVIII; and RSA 170-G:5

He-C 6912.07

RSA 161:2, XII ; RSA 167:83, II(a), (o); RSA 170-E:3-a;

RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, VIII, XVIII; RSA 170-G:5; and RSA 541-A:31, I and II

He-C 6912.08

RSA 170-E:11; RSA 170-G:4, XVIII; and RSA 170-G:5

He-C 6912.09

RSA 161:2, RSA 167:83, I(b); and RSA 170-G:4, II, III

He-C 6912.10

RSA 161:2, RSA 167:83, I(c); and RSA 170-G:4, III, VI

He-C 6912.11

RSA 161:2, XII ; RSA 167:83, II(o); RSA 170-E:3-a;

RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, XVIII; and RSA 170-G:5

He-C 6912.12

RSA 161:2, XII ; RSA 167:83, II(a), (o); RSA 170-E:3-a;

RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, VIII, XVIII; RSA 170-G:5; and RSA 541-A:31, I and II;

He-C 6912.13

RSA 170-E:11; RSA 170-G:4, XVIII; and RSA 170-G:5

He-C 6912.14

RSA 161:2, XV; RSA 167:17-b, I(a); RSA 167:17-c;

RSA 167:58, IV; RSA 167:61-a, I(a)-(c) and (e);

RSA 167:83, II(k); RSA 170-E:7; RSA 170-E:11;

RSA 170-E:12; RSA 170-G:4, XVIII; and RSA 170-G:5

He-C 6912.15

RSA 161:2, XII; and RSA 170-G:4, II, III

He-C 6912.16

RSA 161:2, XII; and RSA 170-G:4, XVII

He-C 6912.17

RSA 167:83, II(a); RSA 170-E:11; RSA 170-G:4, VIII;

RSA 170-G:4, XVIII; RSA 170-G:5; and RSA 541-A:31, I and II

He-C 6912.18

RSA 167:83, II(a)

He-C 6912.19

RSA 170-E:11, II; RSA 170-G:8-a

He-C 6912.20

RSA 170-E:11, I (m)

He-C 6914.01

RSA 161:2, XII; RSA 170-E:11; RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6914.02

RSA 161:2, XII; RSA 167:83, II(o); RSA 170-E:11; RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6914.03

RSA 161:2, XII; RSA 167:58, IV; RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6914.04

RSA 161:2, XII; RSA 167:83, II(a)-(o); RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, VIII, and XVIII; RSA 170-G:5; RSA 541-A:31, I and II

He-C 6914.05

RSA 161:2, XII; RSA 167:83, II(a), (o); RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, VIII, and XVIII; RSA 170-G:5; RSA 541-A:31, I and II

He-C 6914.06

RSA 170-E:11; RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6914.07

RSA 161:2, XV; RSA 167:17-b, I(a); RSA 167:17-c; RSA 167:58, IV; RSA 167:61-a, I(a)-(c) and (e); RSA 167:83, II(k); RSA 170-E:7; RSA 170-E:11;RSA 170-E:12; RSA 170-G:4, XVIII; RSA 170-G:5

He-C 6914.08

RSA 167:83, II(a); RSA 170-E:11; RSA 170-G:4, VIII; RSA 170-G:4, XVIII; RSA 170-G:5; and RSA 541-A:31, I and II

He-C 6914.09

RSA 167:83, II(a)

He-C 6914.10

RSA 170-E:11, II; RSA 170-G:8-a

He-C 6914.11

RSA 170-E:11, I (m)

He-C 6915 - Reserved

He-C 6916

RSA 161:2, XII; RSA 161:4-a, III; RSA 170-E:3, I(f) and (g); RSA 170-E:6-a; RSA 170-E:10-a; RSA 170-E:11; RSA 170-G:4, XVIII; RSA 170-G:5; 45 CFR 98.41; and 45 CFR 98.42

He-C 6917

RSA 161:2, XII; RSA 161:4-a, III; RSA 170-E:3, I(c) & (h); RSA 170-E:6-a; RSA 170-E:10-a; RSA 170-E:11; RSA 170-G:4, XVIII; RSA 170-G:5; 16 CFR 1219; 16 CFR 1220; 45 CFR 98.41; and 45 CFR 98.42

He-C 6918.01

RSA 167:77

He-C 6918.02

RSA 161:2, XII; and RSA 167:83, I(b)

He-C 6918.03

RSA 167:83, I(b)

He-C 6918.04

RSA 167:83, II(o); and 45 CFR 98

He-C 6918.05

RSA 161:2, XII; and RSA 167:83, II; and 45 CFR 98

He-C 6918.06

RSA 161:2, XV; RSA 167:17-b, I(a); RSA 167:17-c;

He-C 6918.07

RSA 161:2, XII; RSA 167:83, II(a); and RSA 170-G:4,a.

He-C 6918.08

RSA 167:83, II(i); RSA 167:17-b, I(a); RSA 167:17-c; RSA 167:58, IV; RSA 167:61-a, I(a)-(c), and (e); RSA 167:83, II(k); RSA 170-E:7; and RSA 170-E:12, V

He-C 6918.09

RSA 170-E:11, II; and RSA 170-G:8-a

He-C 6918.10

RSA 170-E:11, I (m)

He-C 6920.01

RSA 170-E:3-a; RSA 170-E:7

He-C 6920.02

RSA 170-E:3, I (a) – (h)

He-C 6920.03-He-C 6920.10

RSA 170-E:3-a; RSA 170-E:7

NAME OF CHILD CARE PROGRAM/PROVIDER: DATE OF CHILD’S ENROLLMENT:

PROVIDER #: RID #:

TO THE PARENT OR GUARDIAN: This form must be completed for each of your children who will be enrolled in the program, and must be updated whenever information changes.

Child’s full legal name:

Child’s Date of birth:

IDENTIFYING INFORMATION OF PARENTS OR GUARDIANS LEGALLY RESPONSIBLE FOR CHILD:

Name:

Physical Address:

Mailing Address (if different):

Phone number:

Email:

Indicate where the parents/guardians above can be reached while the child is in care. Include name, address and phone number of business if applicable. Include any special instructions, for example cell phone, etc.

Business Name:

Address:

Address

Phone number: Hours:

Email:

Special Instructions for reaching parent/guardian:

EMERGENCY CONTACT PERSON: You (parent/guardian) are required to list at least one emergency contact person you feel comfortable leaving your child with, and who could pick your child up if you could not be reached immediately in an emergency, or if you could not pick up your child and were unable to communicate with the provider/program. For example, if your child is sick and provider/program is unable to reach you.

Name:

Relationship:

Address:

Phone number:

.NON-EMERGENCY ALTERNATE PICK-UP PERSON/S: I,

(Parent/Guardian Signature)

authorize the following individual(s) to pick up my child from the program on a non-emergency basis.

Name:

Relationship:

Address:

Phone number:

MEDICAL INFORMATION

Any chronic conditions, allergies or medications to be administered in the event of sudden illness or injury:

Child’s Physician: Phone number:

Physician’s Address:

EMERGENCY MEDICAL TREATMENT AUTHORIZATION

I hereby give permission for (name of provider/program) to provide first aid treatment to my child, when necessary. In the event of a more serious illness or injury, I give permission for my child to be transported to a hospital or other emergency medical facility to receive emergency medical treatment. I also authorize ambulance/rescue squad attendants to administer such treatment as is medically necessary, and I authorize licensed health practitioners working in the hospital or emergency medical facility to examine and provide emergency medical treatment to my child if warranted. I understand that I will be contacted by the provider or program staff as soon as possible regarding any emergency involving my child.

Parent/Guardian Signature

Date

ANNUAL UPDATE: Make necessary changes & initial & date below to verify that the information is current.

Parent/Guardian Initials: Date:

History

#7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12 (from He-C 6920.13); ss by #13401, eff 7-1-22 and by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35