Residential Care and Child-Placing Agency Licensing

Section 170-E:35

    170-E:35 License or Permit Suspension, Revocation, or Denial. –
The department may suspend, revoke, deny, or refuse to renew any license, or revoke or refuse to issue a full license to any permit holder, whether or not the person, institution or agency is approved by a child-placing agency, if the licensee or permit holder:
I. Neglects or abuses children in his care;
II. Does not comply with this subdivision or the rules adopted under this subdivision relative to the supervision of children in his care;
III. Violates any provision of this subdivision, or is unable to meet and maintain standards adopted by the commissioner;
IV. Substantially or repeatedly violates any provisions of the license or permit issued;
V. Furnishes or makes any misleading or any false statement or report to the department or to the child-placing agency;
VI. 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;
VII. Refuses or fails to submit to an investigation or to the required visits by the department;
VIII. Refuses or fails to admit authorized representatives of the department at any reasonable time for the purpose of investigation or visit;
IX. Fails to provide, maintain, equip and keep in safe and sanitary condition premises established or used for child care as required under standards prescribed by rules adopted by the commissioner under RSA 541-A or as otherwise required by any law, rule, ordinance, or term of the license applicable to the location of such facility;
X. Refuses to display its license or permit or to make it readily available to view, if requested;
XI. Fails to exhibit, meet or maintain financial or other resources, or both, adequate for the satisfactory care of children served in regard to upkeep of premises and provisions for personal care, medical services, clothing, education and other essentials in the proper care, rearing, training and placement of children, so long as such lack of financial resources is not due primarily to delays in state payments for care;
XII. Retaliates against an employee who in good faith reports a suspected violation of the provisions of this subdivision and rules adopted under it;
XIII. Continues to employ a person without taking corrective action, after receipt of written notification from the department that the person poses a risk to children, such notification including the basis for the department's determination that the risk exists; or
XIV. Fails to comply with the corrective action plan jointly developed between the department and the person, institution or agency.
XV. Demonstrates a repeated failure to cooperate with the department, other service providers, or the parents of a child who is placed with the child care agency, as necessary to implement the child's case plan or the department's treatment decisions.
XVI. Fails to comply with applicable public health laws and regulations concerning lead.

Source. 1990, 257:8. 2010, 70:1, eff. July 18, 2010. 2018, 4:10, eff. Apr. 9, 2018.