CHAPTER He-C 6400  PROGRAM AND SERVICE INFORMATION

 

PART He-C 6420  MEDICAID COVERED SERVICES

 

Statutory Authority:  RSA 170-G:5

 

He-C 6420.01  Scope.  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.

 

Source.  #5804, eff 3-28-94, EXPIRED: 3-28-00

 

New.  #9028, eff 11-17-07; ss by #10986, eff 11-26-15

 

He-C 6420.02  Definitions.

 

(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.

 

Source.  #5804, eff 3-28-94, EXPIRED: 3-28-00

 

New.  #9028, eff 11-17-07; ss by #10986, eff 11-26-15

 

He-C 6420.03  Child Eligibility.

 

(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.

 

Source.  #5804, eff 3-28-94, EXPIRED: 3-28-00

 

New.  #9028, eff 11-17-07; ss by #10986, eff 11-26-15

 

He-C 6420.04  Covered Services.

 

(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.

 

(c)  Covered services shall:

 

(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.

 

Source.  #5804, eff 3-28-94, EXPIRED: 3-28-00

 

New.  #9028, eff 11-17-07; ss by #10986, eff 11-26-15

 

He-C 6420.05  Qualifications for Providers of Covered Services.

 

(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.

 

(c)  Staff of a residential treatment program shall meet the requirements in He-C 6350.

 

(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.

 

Source.  #5804, eff 3-28-94, EXPIRED: 3-28-00

 

New.  #9028, eff 11-17-07; ss by #10986, eff 11-26-15

 

He-C 6420.06  Requirement for Medical Examinations.

 

(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.

 

Source.  #5804, eff 3-28-94, EXPIRED: 3-28-00

 

New.  #9028, eff 11-17-07; ss by #10986, eff 11-26-15

 

He-C 6420.07  Documentation of Services.

 

(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.

 

Source.  #5804, eff 3-28-94, EXPIRED: 3-28-00

 

New.  #9028, eff 11-17-07; ss by #10986, eff 11-26-15

 

He-C 6420.08  Medicaid Time Study.

 

(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.

 

Source.  #5804, eff 3-28-94, EXPIRED: 3-28-00

 

New.  #9028, eff 11-17-07; ss by #10986, eff 11-26-15

 

He-C 6420.09  Payment for Services.

 

(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.

 

(c)  Medicaid portion of per diem rates shall have the following restrictions:

 

(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.

 

Source.  #5804, eff 3-28-94, EXPIRED: 3-28-00

 

New.  #9028, eff 11-17-07; ss by #10986, eff 11-26-15

 

He-C 6420.10  Non-Covered Services.

 

(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.

 

Source.  #5804, eff 3-28-94, EXPIRED: 3-28-00

 

New.  #9028, eff 11-17-07; ss by #10986, eff 11-26-15

 

PART He-C 6422  RESIDENTIAL CHILD CARE FACILITIES RATE SETTING

 

Statutory Authority:  RSA 170-G:5

 

He-C 6422.01 - 6422.11

 

Source.  #4389, eff 3-22-88, EXPIRED: 3-22-94

 

New.  #7643, eff 4-2-02, EXPIRED: 4-2-10

 

He-C 6422.12 - 6422.25

 

Source.  #7643, eff 4-2-02, EXPIRED: 4-2-10

 

PART He-C 6423  FOSTER FAMILY HOME RATE-SETTING

 

Statutory Authority:  RSA 170-E:34, I(f)

 

          He-C 6423.01  Purpose.  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.

 

Source.  #4447, eff 7-1-88, EXPIRED: 7-1-94

 

New.  #9514, eff 7-18-09; ss by #12229, INTERIM, eff 7-17-17, EXPIRED: 1-13-18

 

New.  #12470, eff 1-30-18

 

          He-C 6423.02  Applicability.

 

          (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.

 

Source.  #4447, eff 7-1-88, EXPIRED: 7-1-94

 

New.  #9514, eff 7-18-09; ss by #12229, INTERIM, eff 7-17-17, EXPIRED: 1-13-18

 

New.  #12470, eff 1-30-18

 

          He-C 6423.03  Definitions.

 

          (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).

 

Source.  #4447, eff 7-1-88, EXPIRED: 7-1-94

 

New.  #9514, eff 7-18-09; ss by #12229, INTERIM, eff 7-17-17, EXPIRED: 1-13-18

 

New.  #12470, eff 1-30-18

 

          He-C 6423.04  Foster Family Home Rates.

 

          (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.

 

Source.  #4447, eff 7-1-88, EXPIRED: 7-1-94

 

New.  #9514, eff 7-18-09; ss by #12229, INTERIM, eff 7-17-17, EXPIRED: 1-13-18

 

New.  #12470, eff 1-30-18

 

PART He-C 6429  CHILDREN LEFT AT HOSPITALS OR SAFE HAVENS

 

Statutory Authority:  RSA 132-A:5 and RSA 170-G:5

 

          He-C 6429.01  Scope.  These rules apply to hospitals and safe havens at which a child who is not more than 7 days old has been left by the child’s parents and the parents have not expressed an intent to return for the child.

 

Source.  #8139, eff 8-17-04; ss by #10170, eff 8-17-12

 

          He-C 6429.02  Definitions.

 

          (a)  Child” means a newborn infant who is not more than 7 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.

 

          (c)  Department” means the department of health and human services.

 

          (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 these persons.”

 

          (f)  Safe haven” means “safe haven” as defined in RSA 132-A:1, III, namely, “a church that is attended by a person, or a police or fire station that is attended by a person, or a 911 responder at an agreed transfer location.”

 

Source.  #8139, eff 8-17-04; ss by #10170, eff 8-17-12

 

          He-C 6429.03  Temporary Care and Control of Children by a Hospital or Safe Haven.

 

          (a)  A hospital or safe haven shall, without a court order, take temporary care and control of a child who is not more than 7 days old, pursuant to RSA 132-A: 2, I.

 

          (b)  A safe haven shall immediately and safely transport or arrange for the child to be immediately and safely transported to the local hospital.

 

          (c)  The hospital, whether receiving the child directly from the parent or from the safe haven, 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.

 

Source.  #8139, eff 8-17-04; ss by #10170, eff 8-17-12

 

          He-C 6429.04  Requirements of Hospitals and Safe Havens.

 

          (a)  Within 24 hours after assuming temporary care and control of a child under RSA 132-A: 2, 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.

 

(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)  The child’s gender and date of birth if known;

 

(4)  The child’s health condition;

 

(5)  The name of the attending physician; and

 

(6)  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.

 

Source.  #8139, eff 8-17-04; ss by #10170, eff 8-17-12; amd by #12482, eff 2-21-18

 

          He-C 6429.05  Duties of the Department.

 

          (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 using all resources available, including checking 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.

 

Source.  #8139, eff 8-17-04; ss by #10170, eff 8-17-12

 

          He-C 6429.06  Care and Custody Requests.  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.

 

Source.  #8139, eff 8-17-04; ss by #10170, eff 8-17-12

 

PART He-C 6430  CENTRAL REGISTRY

 

Statutory Authority: RSA 169-C:3-a and RSA 169-C:35, I

 

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.

 

Source.  #8594, eff 3-28-06; ss by #10692, eff 10-14-14

 

He-C 6430.02  Scope.  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.

 

Source.  #8594, eff 3-28-06; ss by #10692, eff 10-14-14

 

He-C 6430.03  Definitions.

 

(a)  Central registry” means the state registry that maintains all founded reports of child abuse and/or 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 and/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 and/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 and/or neglect by the department’s division for children, youth and families.

 

(g)  Type of abuse and/or neglect” means abuse and/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.

 

Source.  #8594, eff 3-28-06; ss by #10692, eff 10-14-14 (from He-C 6430.01)

 

He-C 6430.04  Notice of Determination of a Finding of Child Abuse or Neglect.

 

(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 and/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 and/or neglect;

 

(5) The right of the person responsible for the child abuse and/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 Superior 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 and/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 and/or neglect expunged from the central registry pursuant to RSA 169-C:35, V.

 

(c)  The notice shall be provided to the person responsible for the child abuse and/or neglect by:

 

(1)  Certified mail return receipt requested at the person’s last known address; or

 

(2)  By serving the person in hand and having him or her sign-off on the receipt of service.

 

(d)  If the person responsible for the child abuse and/or neglect is a juvenile, or is an adult with a legal guardian, the notice shall be sent to his or her 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.

 

Source.  #8594, eff 3-28-06; ss by #10692, eff 10-14-14

 

He-C 6430.05 Information Contained on the Central Registry.  Information contained on the department’s central registry shall include:

 

(a)  The first and last name of the person responsible for the child abuse and/or neglect;

 

(b)  The date of birth of the person responsible for the child abuse and/or neglect;

 

(c)  The referral number;

 

(d)  The date that the department received the report of suspected abuse and/or neglect;

 

(e)  The date that due process was satisfied for the person responsible for the child abuse and/or neglect and his or her name was eligible to be entered on the central registry;

 

(f)  The name of the district office that investigated the report;

 

(g)  The type of abuse and/or neglect that was founded by the department;

 

(h)  The type of founded determination where the department’s action taken is categorized as either problem resolved, services only, or court action; and

 

(i)  The relationship of the person responsible for the child abuse and/or neglect to the victim.

 

Source.  #8594, eff 3-28-06; ss by #10692, eff 10-14-14 (from He-C 6430.02)

 

He-C 6430.06  Access to the Central Registry.

 

(a)  Access to search the central registry shall be limited to department employees:

 

(1)  Who have completed training by the division for children, youth and families; and

 

(2)  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.

 

(b)  Access in (a) above shall be rescinded:

 

(1)  Upon termination of employment; or

 

(2)  Upon a change in official duties described in (a)(2) above.

 

(c)  Requests to search the central registry shall be made as follows:

 

(1) Any individual shall submit Form 2202 “DCYF Central Registry Name Search Authorization” (April 2014), to be completed and mailed in accordance with (d) below, to request to have his or her own name checked against the central registry in accordance with RSA 169-C:35, II;

 

(2)  Any individual applying to be a foster or adoptive parent shall submit Form 2202a “DCYF Central Registry Name Search Authorization – Release of Information to Third Party” (April 2014), to be completed and mailed in accordance with (d) below, to have his or her name checked against the central registry;

 

(3)  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 submit Form 2202a “DCYF Central Registry Name Search Authorization – Release of Information to Third Party” (April 2014), to be completed and mailed in accordance with (d) below, to have his or her name checked against the central registry in compliance with RSA 169-C:35, VI;

 

(4)  Pursuant to the federal Prison Rape Elimination Act (42 U.S.C. §§ 15601-15609), any individual applying to be a contractor with the John H. Sununu Youth Services Center shall submit Form 2202b “DCYF Central Registry Name Search Authorization Sununu Youth Services Center - Contractor Release” (June 2014), to be completed and mailed in accordance with (d) below, to have his or her name checked against the central registry;

 

(5)  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 Circuit Court form “Department of Health and Human Services Record Release Authorization” (NHJB-2171-FP), to be completed and mailed in accordance with (d) below, to have his or her name checked against the central registry;

 

(6)  Pursuant to RSA 463:5, IV(b), any petitioner for guardianship shall submit to the Circuit Court a completed official current New Hampshire Circuit Court form “Department of Health and Human Services Record Release Authorization” (NHJB-2171-FP), to completed and mailed in accordance with (d) below, to have his or her name checked against the central registry;

 

(7)  An individual seeking employment with an employer specified in RSA 170-G:8-c shall submit Form 2202a “DCYF Central Registry Name Search Authorization – Release of Information to Third Party” (April 2014), to be completed and mailed in accordance with (d) below, to have his or her name checked against the central registry;

 

(8)  The use of Form 2202a or Form NHJB-2171-FP shall release the results of the check against the central registry to the entity identified on the form as governed by RSA 169-C:35, VI, RSA 170-E:7, RSA-E:29-a, RSA 170-B:18, VI, RSA 170-G:8-c, and RSA 463:5, IV(b); and

 

(9)  Pursuant to RSA 169-C:35, II, no employer not specified in RSA 170-G:8-c shall require an individual to have his or her name checked against the central registry as a condition for employment.

 

(d)  All forms in (c) above shall:

 

(1)  Be 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)  Be notarized at the time the individual signs the form;

 

(3)  Be mailed to:

 

NH DCYF Central Registry

129 Pleasant Street, Thayer Building

Concord, NH  03301; and

 

(4)  Be mailed with a postage paid self-addressed envelope.

 

(e)  Any form submitted to the department that is not completed as required in (c) and (d) above shall be returned as follows:

 

(1)  Any form 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 form identifying a third party agency to receive the results that does not meet the requirements of 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 to the third party; and

 

(3)  Any materials, including but not limited to payments, improperly addressed envelopes, or forms not accepted by the department, received with a form identified in (c) above shall be returned to the submitting entity.

 

(f)  The information contained on the central registry shall be confidential pursuant to RSA 165-C:35, as follows:

 

(1)  Upon a completed search of the central registry, the department shall release only the following:

 

a.  A confirmation of an individual’s name as positive finding or no finding on the central registry; and

 

b.  If a positive finding, the date or dates the individual’s name was entered on the central registry and the office that made the finding of child abuse and/or neglect; and

 

(2)  Case record information shall be accessed through the district office that made the founded determination by the individual entered on the central registry submitting a separate request directly to the district office.

 

Source.  #10692, eff 10-14-14 (from He-C 6430.03)

 

He-C 6430.07  Expungement.

 

(a)  Any individual whose name is listed on the central registry who wishes to have his or her name removed from the central registry shall petition the New Hampshire circuit court of jurisdiction to have his or her 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;

 

(2)  The petition shall be filed with the circuit court that heard the initial petition for child abuse and/or neglect or could have heard the petition;

 

(3)  The petition shall be filed on official and current NH circuit court form “Petition to Expunge (Remove)” (NHJB-2135-DF), inclusive of a completed current NH department of safety “Criminal Record Release Authorization Form” (DSSP256) 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 his or her petition, he or she authorizes 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 and/or neglect.

 

(d)  The department shall adhere to any order of the court received by the department pursuant to RSA 165-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

 

Source.  #10692, eff 10-14-14

 

He-C 6430.08  Retention of Founded Reports.

 

(a)  Founded reports of  child abuse and/or neglect shall be retained on the central registry for a period of 7 years subject to an individual’s right to petition to have their name expunged from the central registry in accordance with RSA 169-C:35, IV.

 

(b)  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.

 

Source.  #10692, eff 10-14-14 (from He-C 6430.05)

 

PART He-C 6438  ADOPTION SUBSIDIES

 

He-C 6438.01  Scope.  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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.02  Definitions.

 

(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.

 

(c)  Child placing agency (CPA)” means a child-placing agency as defined in RSA 170-E: 25, IV.

 

(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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.03  Eligibility Requirements for Children and Adoptive Families.

 

(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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.04  Determination of Amount of Subsidy.

 

(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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.05  Application for Subsidy.

 

(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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.06  Types of Subsidies.

 

(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.

 

(c)  A long-term subsidy shall:

 

(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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.07  Amount of Subsidy.

 

(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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.08  Adoption Subsidy Agreement.

 

(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.

 

(c)  The adoption subsidy agreement shall:

 

(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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.09  Annual Review.

 

(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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.10  Reporting Responsibilities.

 

(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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.11  Special Reviews.

 

(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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.12  Terminations of Adoption Subsidy.

 

(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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.13  Applications from NH Child Placing Agencies.

 

(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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.14  Payment of Subsidy Out-of-State.

 

(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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.15  Title XX Eligibility.  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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.16  Title IV-B Eligibility.  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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.17  Reimbursement to the State of New Hampshire.

 

(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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

He-C 6438.18  Appeals.  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.

 

Source.  #8837, eff 3-8-07, EXPIRED: 3-8-15

 

PART He-C 6443  RESIDENTIAL PLACEMENT OF EDUCATIONALLY DISABLED CHILDREN - EXPIRED

 

He-C 6443.01 - He-C 6443.10

 

Source.  #2849, eff 9-21-84, EXPIRED: 9-21-90

 

New.  #6688, eff 2-18-98, EXPIRED: 2-18-06

 

PARTS He-C 6444 and He-C 6445 - RESERVED

 

PART He-C 6446  FOSTER FAMILY CARE LICENSING REQUIREMENTS

 

          He-C 6446.01  Scope.  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.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15

 

          He-C 6446.02  Purpose.  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.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15

 

          He-C 6446.03  Definitions.

 

          (a)  Applicant” means a person who is applying or has applied for a foster family care license or permit.

 

          (b)  Assessment care” means that category of foster family care which is to be the initial placement for a child in care, during which time an evaluation of the child’s placement needs is completed within 60 days.

 

          (c)  Bureau of elderly and adult services (BEAS)” means the organizational unit of the department that provides protection for incapacitated adults pursuant to RSA 161-F.

 

          (d)  Case manager” means the employee of the child-placing agency who is responsible for the management of the child in care.

 

          (e)  Case plan” means the written plan developed by the staff of the division for children, youth and families with the involved family, pursuant to RSA 170-G:4, III, and Title IV-E of the social security act, sections 471(a)(16), 475(1) and 475(5)(A) and (D).

 

          (f)  Categories of foster family care” means general care, emergency care, specialized care, and assessment care.

 

          (g)  Central registry” means the state registry of child abuse and neglect reports maintained by the department pursuant to RSA 169-C:35.

 

          (h)  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.”

 

          (i)  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.”

 

          (j)  Child in care” means a child who is placed in a foster family home.

 

          (k)  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.”

 

          (l)  Child protective service worker (CPSW)” means the division for children, youth and families representative who manages cases involving children and youth in care.

 

          (m)  Criminal records” means records of criminal convictions maintained by or accessible through the New Hampshire state police, or the equivalent authority within another state.

 

          (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 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)  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 calendar days.

 

          (q)  Foster family home” means “foster family home” as defined in RSA 170-E:L5,II(a)(2), 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.”

 

          (r)  Foster parent” means an individual who has a license or permit for foster family care.

 

          (s)  General care” means that category of foster family care where shelter, supervision, and support services are provided.

 

          (t)  Health care” means medical, dental, and psychiatric diagnostic and treatment services.

 

          (u)  Home study” means the written assessment and evaluation of the foster family home and the household conducted as part of the application process.

 

          (v)  Home visit” means announced or unannounced meetings with the foster family in the foster family home.

 

          (w)  Household” means all individuals who reside in the foster family home or might reside there during any time that there is a child in care.

 

          (x)  Initial license” means the first 2-year license issued for foster family care.

 

          (y)  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 6446.21.

 

          (z)  Juvenile probation and parole officer (JPPO)” means the person responsible for investigating and supervising juveniles referred to the department, pursuant to RSA 169-B and RSA 169-D.

 

          (aa)  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.

 

          (ab)  Licensing agency” means DCYF or a child-placing agency as defined in (k)(1) above which is licensed in accordance with He-C 6448.

 

          (ac)  Natural connection” means an individual identified by the child and family as being a supportive and positive resource for the child through a relative, social, educational, or community relationship.

 

          (ad)  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.

 

          (ae)  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.”

 

          (af)  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.

 

          (ag)  Perpetrator” means a person against whom a finding of abuse or neglect has been made.

 

          (ah)  Pre-licensing training” means the educational programs for applicants provided by the licensing agency in accordance with He-C 6446.13.

 

          (ai)  Special needs” means specific learning disabilities or temporary or permanent disabilities arising from intellectual, sensory, emotional, physical, or environmental factors or are congenital.

 

          (aj)  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 as set forth in He-C 6446.06(c) and 6446.25(j).

 

          (ak)  State registry” means the BEAS state registry under RSA 161-F:46 and RSA 161-F:49 which maintains a record of information on each founded report of abuse, neglect, or exploitation toward an adult individual by a paid or volunteer caregiver, guardian or agent acting under the authority of a power of attorney or any durable power of attorney.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.02)

 

          He-C 6446.04  Requirements for Applicants for a Foster Family Care License.

 

          (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 meet monthly expenses of the household and the foster home and to provide for the needs of children in care;

 

(4)  Be able to communicate in English;

 

(5)  Have a high school diploma or its equivalent; and

 

(6)  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)  For all categories of foster family care, prior to the issuance of a license, the following shall be provided to the licensing agency:

 

(1)  An application, submitted by the applicant, which includes the following:

 

a.  The completed “Foster Care/Adoption Application” (May 2018 edition);

 

b.  Autobiographical information for each applicant and any other adult caregiver;

 

c.  The completed “Application Information for Child 11 Years Old or Younger” (April 2001 edition);

 

d.  The completed “Application Information for Child 12 Years Old or Older” (April 2001 edition);

 

e.  The names and contact information for 5 references as described in He-C 6446.07(g); and

 

f.  Insurance documentation as required by He-C 6446.10(g) and (h).

 

(2)  The completed “Medical Information Statement” (October 2003 edition) for each applicant and each household member, submitted by either the applicant or the physician or nurse practitioner;

 

(3)  The completed “Fire Department Inspection” form (December 2004 edition) identified in He-C 6446.10(e), submitted by the local fire inspector;

 

(4)  The “Foster and Adoptive Family Home Health Inspection Report” (October 2005 edition) identified in He-C 6446.10(f), submitted by the local health officer;

 

(5)  The results of a state criminal history records search, as required by He-C 6446.08, for all applicants and for all household members 17 years of age or older, submitted by the NH division of state police;

 

(6)  The results of local police clearance checks, as required by He-C 6446.08, for all applicants and for all household members 17 years of age or older, as reported by local police departments;

 

(7)  The results of a Federal Bureau of Investigations fingerprint record check, as required by He-C 6446.08, for all applicants and for all household members 21 years of age or older, submitted by the NH division of state police;

 

(8)  The results of a central registry check and state registry check, as required by He-C 6446.09, for all applicants and for all household members 17 years of age or older, submitted by DCYF and BEAS, respectively; and

 

(9)  For those applicants and household members 17 years of age or older who have lived outside the state of New Hampshire within the past 7 years of application:

 

a.  The results of a state criminal history records search for each state resided in, as required by He-C 6446.08; and

 

b.  The results of the child abuse and neglect registries for each state resided in, as required by He-C 6446.09.

 

          (d)  For all categories of foster family care, 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 6446.10;

 

(2)  Meet with representatives of the licensing agency as required by He-C 6446.11;

 

(3)  Participate in the preparation of the home study as required in He-C 6446.12; and

 

(4)  Complete pre-licensing training as required by He-C 6446.13 and, if applicable, additional training as required by He-C 6446.06.

 

          (e)  The applicant and all household members 17 years of age or older shall not have been convicted of a felony or other crime as described in He-C 6446.29(b)(1)-(3).

 

          (f)  Applicants for a license to provide emergency care, specialized care, or assessment care shall also meet the additional requirements in He-C 6446.06 prior to the issuance of a license.

 

          (g)  Through compliance with the requirements of He-C 6446.04 and He-C 6446.06 – 6446.13, 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;

 

(4)  Honor and uphold the National Foster Parent Association “Foster Child Bill of Rights” (1983), http://nfpaonline.org/page-1105707, available as noted in Appendix A, and included as Appendix B;

 

(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 natural connections;

 

(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 6446.13;

 

(14)  Complete the in-service training required by He-C 6446.21 for the applicant’s relevant category of foster family care;

 

(15)  Discipline a child in care in a safe, non-threatening, and instructive manner that complies with He-C 6446.23; and

 

(16)  Demonstrate freedom from physical, mental, or emotional illness that would impair the applicant’s ability to comply with the requirements of He-C 6446 for the care of children in care.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.03)

 

          He-C 6446.05  Requirements for Issuance of a Foster Family Care Permit.

 

          (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 “Fire Department Inspection” form (December 2004 edition) identified in He-C 6446.10(e);

 

(2)  The “Foster and Adoptive Family Home Health Inspection Report” (October 2005 edition) identified in He-C 6446.10(f);

 

(3)  Criminal record checks as described in He-C 6446.08, 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 17 years of age or older;

 

b.  A Federal Bureau of Investigations fingerprint record check, if 21 years of age or older; and

 

c.  A review of any history of involvement with the local law enforcement agency where the applicant resides; and

 

(4)  A central registry check and a state registry check as specified in He-C 6446.09 for each household member 17 years 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.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15

 

          He-C 6446.06  Additional Requirements for Applicants: Categories of Foster Family Care.

 

          (a)  The categories of foster family care shall be:

 

(1)  General care;

 

(2)  Emergency care;

 

(3)  Specialized care; and

 

(4)  Assessment care.

 

          (b)  In addition to compliance with the requirements in He-C 6446.04 and He-C 6446.06 – 6446.13, an applicant for a license to provide emergency care shall attend in its entirety 6 hours of DCYF sponsored 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.

 

          (c)  In addition to compliance with the requirements in He-C 6446.04 and He-C 6446.06 – 6446.13, an applicant for a license to provide specialized care 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 applicant’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 applicant’s experience with foster children;

 

(4)  Attend all 21 hours of DCYF sponsored training related to specialized care, which includes:

 

a.  Introduction to specialized care that includes the following topics:

 

1.  Foster care as a family support service;

 

2.  The role of the foster parent in case assessment and planning;

 

3.  How to clearly describe the behaviors of children; and

 

4.  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 6446.04 and He-C 6446.06 – 6446.07, to care for a child with special needs.

 

          (d)  In addition to compliance with the requirements in He-C 6446.04 and He-C 6446.06 – 6446.13, an applicant for a license to provide assessment care 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 applicant’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 applicant’s experience with foster children, to include a description of the applicant’s knowledge of the NH foster care system, other substitute care options, and services and resources available in the applicant’s community; and

 

(4)  Complete 6 hours of DCYF sponsored 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.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.04)

 

          He-C 6446.07  Application for License.

 

          (a)  The applicant shall complete and submit the “Foster Care/Adoption Application” (February 2007 edition).

 

          (b)  Each applicant and adult caregiver 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 financial statement, which includes:

 

a.  The monthly income available to the household from all sources;

 

b.  The monthly expenses such as rent or mortgage, food, clothing, utilities, insurance, loan, and credit card payments; and

 

c.  The assets such as money in savings accounts and a listing and description of any investments and real estate owned, if applicable;

 

(14)  The names, addresses, and telephone numbers of 5 persons to be used as references;

 

(15)  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;

 

(16)  A description of the family activities of the applicant foster family;

 

(17)  A description of the expectations, hopes, and fears of the applicant foster family; and

 

(18)  The applicant’s history of parenting other people’s children.

 

          (c)  For each household member 11 years or younger, the applicant shall complete and submit Form 2352 “Application Information for Child 11 Years Old or Younger” (April 2001 edition).

 

          (d)  For each household member between the ages of 12 and 18, the applicant shall complete and submit Form 2353 “Application Information for Child 12 Years Old or Older” (April 2001 edition).

 

          (e)  At the initial application for a license, the applicant shall have a Form 2152 “Medical Information Statement” (October 2003 edition) completed by a physician or nurse practitioner, for each applicant and each household member. The completed form shall be submitted by either the applicant or the physician or nurse practitioner.

 

          (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)  For each foster home, the applicant shall submit the names and contact information for 5 references, in accordance with the following:

 

(1)  Each reference shall be a person who has known the applicant(s) for more than one year;

 

(2)  Of the 5 references, no more than one shall be from a person related to the applicant(s) by blood or marriage;

 

(3)  All 5 references shall be positive in order to constitute a complete application for licensure; and

 

(4)  All references received shall become a permanent part of the foster home record and as such may be transferred to another child-placing agency if applicable.

 

          (h)  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.

 

          (i)  A licensing agency that is not DCYF shall use the forms described in this section, except that they may alter the forms by adding their agency’s name, logo, and contact information.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.05)

 

          He-C 6446.08  Criminal Records Check.

 

          (a)  The applicant and all household members 17 years old or 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 7 years.

 

          (b)  The applicant(s) and all household members 21 years old or older shall be subject to a Federal Bureau of Investigation fingerprint record check.

 

          (c)  The applicant and all household members shall be subject to a review of any history of involvement with the local law enforcement agency where the applicant and all household members reside.

 

          (d)  The licensing agency shall examine and consider all documentation and reports received through (a)-(c) above regarding any involvement and/or convictions of an applicant, or household member for its impact on licensure in accordance with He-C 6446.29(b).

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.06)

 

          He-C 6446.09  Abuse and Neglect Registry Check.

 

          (a)  The applicant and all household members 17 years of age or older shall be subject to checks to determine if their name appears as a perpetrator in the central registry maintained by DCYF or the state registry maintained by BEAS, as follows:

 

(1)  The licensing agency shall obtain and submit  a completed Form 2202a “DCYF Central Registry Name Search Authorization Release of Information to Third Party” (April 2014 edition) for all applicants and household members 17 years of age or older to DCYF to conduct the central registry check; and

 

(2)  The licensing agency shall obtain and submit a completed Form 3655 “BEAS State Registry Consent Form” (April 2011 edition) for all applicants and household members 17 years or older to BEAS to conduct the state registry check.

 

          (b)  Those applicants and household members 17 years of age or older who have lived outside the state of New Hampshire within the past 7 years of application shall be subject to a child abuse and neglect registry check in each state they have resided in the past 7 years.

 

          (c)  The licensing agency shall receive the results of the central registry check, the state registry check, and the out-of-state child abuse and neglect registry checks.

 

          (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 6446.29(a).

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.07)

 

          He-C 6446.10  Foster Home Requirements for the Physical Environment.

 

          (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)  Include a bedroom separate from adults for each child in care who is older than one year;

 

(6)  Provide a bedroom separate from children of the opposite gender who are over age 5;

 

(7)  Provide adequate bedding for each child in care;

 

(8)  Provide space for clothing and personal possessions; and

 

(9)  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.

 

          (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)  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 2361 “Fire Department Inspection” (December 2004 edition) 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 2361 and send a copy to the district office indicated on the form.

 

          (f)  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 2360 “Foster and Adoptive Family Home Health Inspection Report” (October 2005 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 2360 and send a copy to the district office indicated on the form.

 

          (g)  If the applicant is the owner of the foster home, the applicant shall provide proof of possessing current homeowner’s insurance that includes liability coverage.

 

          (h)  If the applicant rents the foster home, the applicant shall provide proof of possessing current renter’s insurance that includes liability coverage.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.08)

 

          He-C 6446.11  Home Visits.

 

          (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.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.09)

 

          He-C 6446.12  Home Study.  The applicant and all household members shall cooperate with the licensing agency during the home study and family assessment process.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.10)

 

          He-C 6446.13  Pre-Licensing Training.

 

          (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 21 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; and

 

(7)  The impact of sexual abuse and maintaining a safe environment.

 

          (c)  An applicant who has held a valid foster family care license within the past 4 years in this state 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.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.11)

 

          He-C 6446.14  Submission of Applications by Employees of Licensing Agencies.

 

          (a)  Persons employed by DCYF who wish to obtain a license for general, emergency, specialized, or assessment care 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 for general, emergency, specialized, or assessment care 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.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.12)

 

          He-C 6446.15  License and Permit Requirements.

 

          (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 may be placed in the foster home;

 

(5)  The total number of children in care who may be placed in the foster home;

 

(6)  The total number of male children in care who may be placed in the foster home;

 

(7)  The total number of female children in care who may 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 general, emergency, specialized, or assessment care shall be a full-time resident of the foster home.

 

          (h)  A permit for family foster care shall be valid for a period up to 6 months from the date issued.

 

          (i)  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.

 

          (j)  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.

 

          (k)  A foster parent shall be approved to provide child day care services for children in care only when the ratio of children in care to other children in the licensed child care home is at least one to one.

 

          (l)  The foster family care licensee shall maintain the applicant requirements outlined in He-C 6446.04.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.13)

 

          He-C 6446.16  Renewal of a Foster Family Care License.

 

          (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 by submitting the following:

 

(1)  The completed “Foster Care/Adoption Application” (February 2007 edition);

 

(2)  An updated financial statement described in He-C 6446.07(b)(13);

 

(3)  The completed “Fire Department Inspection” form (December 2004 edition), completed in accordance with He-C 6446.10(e);

 

(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;

 

(5)  The authorization for 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 17 years or older;

 

(6)  The authorization for the licensing agency to conduct a central registry and state registry check for:

 

a.  The foster parent requesting renewal; and

 

b.  All household members 17 years or older; and

 

(7)  Upon the request of the licensing agency, additional information if more information is required to assess the character and abilities of the applicant.

 

          (b)  The licensing agency shall review the materials provided pursuant to (a) above and:

 

(1)  Submit the names, or applicable forms, of the individuals identified in (a)(5) 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 (a)(6) above to DCYF to conduct a central registry check and to BEAS to conduct a state registry check;

 

(3)  Conduct a home visit as described in He-C 6446.11; and

 

(4)  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.

 

          (c)  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 National Foster Parent Association “Foster Child Bill of Rights” (1983), http://nfpaonline.org/page-1105707, available as noted in Appendix A, and included as Appendix B, the licensing agency shall recommend renewal of the license by the department.

 

          (d)  If the foster parent seeking license renewal has not met the requirements in (c) above, the licensing agency shall recommend denial of the license by the department.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00 ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.14)

 

          He-C 6446.17  Requirements for the Care and Supervision of Children in Care.

 

          (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 leisure time activities, socialization, and for the development of special interests and abilities, such as arts, crafts, music, and sports.

 

          (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.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15

 

          He-C 6446.18  Case Planning for Children in Care.

 

          (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 their 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.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.16)

 

          He-C 6446.19  Education for Children in Care.

 

          (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.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.17)

 

          He-C 6446.20  Health Care for Children in Care.

 

          (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 and/or assistive devices 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.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.18)

 

          He-C 6446.21  In-Service Training Requirements.

 

          (a)  Each general care 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;

 

(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 related to:

 

a.  Child growth and development;

 

b.  Foster family management including household organization, setting standards, and stress management;

 

c.  Family systems; and

 

d.  Specialized medical care.

 

          (c)  A specialized care provider shall complete a minimum of 32 hours of in-service training during the 2 year licensing period, 16 hours of which shall be related to the special needs of the child 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.

 

          (d)  An assessment care provider shall complete a minimum of 32 hours of in-service training during the 2 year licensing period, 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 licensing agency to enable the foster parent to strengthen or develop competencies to meet the needs of child(ren) in care.

 

          (e)  In order to maintain the category of foster care in (c) or (d) above, one shall complete the required in-service training.

 

Source.  #7184, INTERIM, eff 12-28-99, EXPIRED: 4-26-00

 

New.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.19)

 

          He-C 6446.22  Religion and Culture.

 

          (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.

 

Source.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.20)

 

          He-C 6446.23  Requirements Regarding Discipline of Children in Care.

 

          (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.

 

Source.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.21)

 

          He-C 6446.24  Visits and Contacts with the Child in Care.

 

          (a)  Upon request by the licensing agency, 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.

 

Source.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.22)

 

          He-C 6446.25  Record Keeping and Confidentiality.

 

          (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 the completed Form 2267 “Child’s Information Sheet” (January 2015), Form 2281 “DCYF Youth Information Sheet” (January 2015), or Form 2281(J) “Youth Information Sheet” (January 2015), as provided by DCYF and as described in (c) below;

 

(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 6446.20; and

 

(8)  Legal documents and personal papers and documentation concerning the child.

 

          (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, every 6 months and when the child leaves the foster home, review the information on Form 2267 “Child’s Information Sheet” (January 2015), Form 2281 “DCYF Youth Information Sheet” (January 2015), or Form 2281(J) “Youth Information Sheet” (January 2015), update the form as necessary, and submit the updated form to the case manager.  Attachments to the forms may be used to supplement the information required.

 

          (d)  Legal documents and personal papers concerning the child shall be given to the licensing agency when the child leaves the foster family’s care.

 

          (e)  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. 

 

          (f)  Written consent of the individual to whom the information pertains shall be obtained prior to disclosure.

 

          (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)  An emergency care provider shall complete and submit to the case manager a written report within 15 days of the departure of the child in care from the foster home.

 

          (i)  The written report of the emergency care provider shall include:

 

(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; and

 

(5)  Other information about the child that would be helpful to the case manager for the purposes of case planning.

 

          (j)  A specialized care provider shall:

 

(1)  Keep and maintain detailed records on each child in care which include:

 

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 case manager a monthly report, which shall include 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 case manager;

 

d. Observations of the child’s behavior and attitudes and his or her 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.

 

          (k)  An assessment care provider shall keep and maintain detailed records on each child in care which include:

 

(1)  Documentation of 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)  Documentation of daily observation of the behavior patterns and episodes of the child in care;

 

(3)  Documentation that at least one foster parent has provided full-time, 24 hours per day of supervision of the child; and

 

(4)  Documentation that the provider has attended the licensing agency’s case planning meetings concerning the child.

 

Source.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.23)

 

          He-C 6446.26  Changes in Residence or Status of a Foster Parent.

 

          (a)  A foster parent shall notify the licensing agency when he or she is aware prior to changes in any of the following:

 

(1)  Their residential or mailing address;

 

(2)  Their home telephone or cell phone number;

 

(3)  Their marital status;

 

(4)  Their 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 “Foster Care/Adoption Application,” as described in He-C 6446.07(a);

 

(2)  The “Fire Department Inspection” form, as described in He-C 6446.10(e); and

 

(3)  The “Foster and Adoptive Family Home Health Inspection Report,” as described in He-C 6446.10(f).

 

          (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 unauthorized absence from the foster home of a child in care; 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)  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.

 

          (g)  The information provided to the licensing agency in accordance with (a) through (e) 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.

 

Source.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.24)

 

          He-C 6446.27  Orders to Comply and Immediate Removal of Children In Care.

 

          (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 will 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)  DCYF shall offer an opportunity for informal dispute resolution to any foster parent who disagrees with a violation cited by DCYF 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 by the foster parent no later than 14 days from the date the order to comply was issued by DCYF.

 

          (g)  DCYF 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 present a 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 there is a founded report of child abuse or neglect for a foster parent and shall revoke the license or permit of the foster parents without issuing an order to comply if there is a judicial finding of abuse or neglect made related to foster parent.

 

          (k)  The department shall revoke the license or permit of the foster parents without issuing an order to comply if a foster parent is convicted of a felony or other crimes pursuant to He-C 6446.29(b).

 

Source.  #7321, eff 7-22-00; ss by #8663, eff 6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.25)

 

          He-C 6446.28  Waivers.

 

          (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 referred to in this part or of any other state agencies.

 

          (c)  The department shall deny a request for a waiver when any of the following occurs:

 

(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.

 

Source.  #7321, eff 7-22-00; ss by #8663, eff 6-16-0606; ss by #10788, eff 2-21-15 (from He-C 6446.26)

 

          He-C 6446.29  Denials and  Revocations.

 

          (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 applicants are the subject of a founded report of child abuse or neglect in New Hampshire or any other state or a founded report of elder abuse or neglect in New Hampshire, 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 17 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 – 6446.13, 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 National Foster Parent Association “Foster Child Bill of Rights” (1983), http://nfpaonline.org/page-1105707, available as noted in Appendix A, and included as Appendix B.

 

          (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 – 6446.13;

 

(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;