TITLE XII
PUBLIC SAFETY AND WELFARE

CHAPTER 170-E
CHILD DAY CARE, RESIDENTIAL CARE, AND CHILD-PLACING AGENCIES

Residential Care and Child-Placing Agency Licensing

Section 170-E:34

    170-E:34 Rulemaking; Consultation. –
I. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) Minimum standards for licensing which apply to the various types of facilities for child care and child placement. The department shall seek the advice and assistance of persons representative of the various types of child care and child-placing agencies in establishing such standards. The standards prescribed shall include:
(1) The operation and conduct of the person, institution, or child-placing agency and the responsibility it assumes for child care or child placement, or both.
(2) The character, qualifications, mental and physical ability and competence of the applicant as well as all persons directly responsible for the care and welfare of children served, or of persons who will be providing necessary care for children and maintaining prescribed standards, or of persons who will do both.
(3) The number of individuals or staff required to insure adequate supervision and care of the children provided the particular type of care.
(4) 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.
(5) Provisions for food, clothing, educational opportunities, program, equipment and individual supplies to assure the health and the physical and mental development of children served.
(6) Provisions to safeguard the legal rights of children served.
(7) Maintenance of records pertaining to the admission, progress, health and discharge of children.
(7-a) 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.
(8) Filing of reports with the department, including format, frequency and content of such reports.
(9) Discipline of children.
(10) Protection and fostering of the particular religious faith of the children served, where applicable.
(11) Provisions to provide for a report of any new staff, paid or unpaid, or resident of the facility which shall include the name, birth name, date of birth and previous addresses of the person, or other information as required by rules of the department.
(12) Duties and responsibilities of the board of directors or other governing body of the facility or child-placing agency with respect to compliance with this subdivision and the standards relating to this subdivision as established by the department.
(13) Retention of records and, in the event the facility or child-placing agency is no longer functioning, transfer of records.
(b) Minimum standards for facilities for specialized care, where there are children diagnosed as mentally ill, intellectually disabled, or physically disabled, who are determined to be in need of special mental treatment or nursing care, or both, when the facility is not subject to licensure under RSA 151. The department shall seek the advice and recommendation of the department of education, as appropriate, regarding the residential treatment, education, and nursing care provided by the facility.
(c) The confidentiality of information gathered pursuant to RSA 170-E:28, 170-E:29, 170-E:33 and RSA 170-E:42.
(d) The procedures for the appeals processes provided by RSA 170-E:36, II and IV.
(e) Policy and procedures concerning the investigation of licensees and all disciplinary proceedings, including corrective action plans, against licensees.
(f) Compensation to foster family homes for the costs of caring for each child placed in their home.
(g) The release of information to persons receiving the child which pertains to the life and safety of the child either about to be placed or already in placement, and which may pertain to the life and safety of the persons who are receiving or who have received the child for placement, including any physical and mental health issues, history of abuse or neglect, behaviors that may be expected, and recommended ways of handling the child's problems. For purposes of this subparagraph, placement shall mean out-of-home placements, including placements for adoption.
(h) Establishing, maintaining, and directing a system of child care resource and referral pursuant to RSA 170-E:5-a.
(i) Compliance with RSA 126-U, regarding the use of physical and medication restraint.
II. The department, in applying the standards adopted by rule under paragraph I, shall offer consultation through employed staff or other qualified persons to assist applicants and licensees in meeting and maintaining minimum requirements for a licensee.

Source. 1990, 257:8. 1991, 327:3. 1995, 310:138. 1996, 234:4. 2004, 98:1. 2008, 52:13, eff. July 11, 2008. 2021, 182:7, eff. Jan. 1, 2022.