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; ss by #13412, eff 7-26-22

 

          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 such persons.”

 

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

 

Source.  #8139, eff 8-17-04; ss by #10170, eff 8-17-12; ss by #13412, eff 7-26-22

 

          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; ss by #13412, eff 7-26-22

 

          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; ss by #13412, eff 7-26-22

 

          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; ss by #13412, eff 7-26-22

 

          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; ss by #13412, eff 7-26-22; ss by #13412, eff 7-26-22

 

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; ss by #13056, eff 6-16-20

 

          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. The foster family care licensing requirements support the responsibilities and abilities of a foster parent to provide the child with the most family-like experience and inclusion in normal childhood activities to help him or her reach to his or her fullest potential.

 

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; ss by #13056, eff 6-16-20

 

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

 

          (c)  “Case plan” means the written plan developed by the staff of the division for children, youth and families (DCYF) with the involved family, pursuant to RSA 170-G:4, III, 42 U.S.C. 671, and 42 U.S.C. 675.

 

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

 

          (e)  “Child” means:

 

(1)  “Child” as defined in RSA 170-E:25, I, namely “any person under 21 years of age.” The term includes “youth”; or

 

(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.”

 

(f)  Child care agency” means “child care agency” as defined in RSA 170-E:25, II, namely “any person, corporation, partnership, voluntary association or other organization either established for profit or otherwise, who regularly receives for care one or more children, unrelated to the operator of the agency, apart from the parents, in any facility as defined in RSA 170-E and maintained for the care of children.”

 

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

 

(h)  “Child-placing agency” means “child-placing agency” as defined in RSA 170-E:25, IV, namely “any firm, corporation or association which:

 

(1)  Receives any child for the purpose of providing services related to arranging for the placement of children in a foster family home, group home, or child care institution; or

 

(2)  Receives any child for the purpose of providing services related to arranging for the placement of children in adoption.”

 

(i)  “Child protective service worker (CPSW)” means an employee of DCYF who has expertise in managing cases to ensure families and children achieve safety, permanency, and well-being  referred to the department pursuant to RSA 169-C, RSA 170-B, RSA 170-C, and RSA 463.

 

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

 

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

 

(l) “Division for children, youth and families (DCYF)” means the organizational unit of the department that provides services to children and youth referred by courts pursuant to RSA 169-A, RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, RSA 170-H, and RSA 463.

 

(m)  “Foster family home” means “foster family home” as defined in RSA 170-E:25, II(a)(1), namely, “child care in a residence in which family care and training are provided on a regular basis for no more than 6 unrelated children, unless all the children are of common parentage. The maximum of 6 children includes the children living in the home and children received for child care who are related to the residents.”

 

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

 

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

 

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

 

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

 

(r)  “Household member” means any individual who resides in the foster family home or might reside there during any time that there is a child in care.

 

(s)  “Initial license” means the first license issued for foster family care.

 

(t)  “In-service training” means competency-based courses in child care, child development, and other related topics that are required of foster parents pursuant to He-C 6446.20.

 

(u)  “Juvenile probation and parole officer (JPPO)” means an employee of DCYF who exercises the powers and duties established by RSA 170-G:16, and supervises paroled delinquents pursuant to RSA 170-H.

 

(v)  “License” means an authorization to operate a foster family home as defined in RSA 170-E:25, II(a), in accordance with RSA 170-E, and the foster family care licensing requirements in He-C 6446.

 

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

 

 (x)  “Order to comply” means a written citation provided by the licensing agency to a foster family care provider that identifies a violation of the rules and requires a corrective action plan to correct the violation within a specified timeframe.

 

(y)  “Parent” means “parent” as defined in RSA 169-C:3, XXI, namely “mother”, “father”, or “adoptive parent”, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment.”

 

(z)  “Permit” means a temporary authorization to operate a foster family home as defined in RSA 170-E:25, II(a), for a period not to exceed 6 months in accordance with RSA 170-E and He-C 6446 upon completion of the necessary licensing inspections, per RSA 170-E:31, V.

 

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

 

(ab)  “Pre-licensing training” means the educational programs for applicants provided by the licensing agency in accordance with He-C 6446.12.

 

(ac) “Reasonable and prudent parent standard” means the federal standard pursuant to 42.U.S.C 675(10)(A) of the Social Security Act  characterized by careful and sensible parental decisions made by a caregiver for a child in foster care, that maintain the health, safety, and best interests of the child or youth while encouraging normalcy and the emotional and developmental growth of the child through participation in extracurricular, enrichment, cultural, and social activities.

 

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); ss by #13056, eff 6-16-20

 

          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  make timely payments for shelter, food, utility costs, clothing, and other household expenses prior to the addition of a child or children in care;

 

(4)  Be able to communicate with the child, DCYF, and health care providers and service providers;

 

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

 

(6)  Have functional literacy, such as having the ability to read medication labels; and

 

(7)  If the applicant will transport children in care, show proof of:

 

a.  Possession of a valid New Hampshire driver’s license;

 

b.  Possession of an automobile that has a current and valid state inspection; and

 

c.  Possession of automobile liability insurance.

 

          (c)  A full application shall be submitted by the applicant as described in He-C 6446.06 or a full renewal application as described in He-C 6446.15.

 

          (d)  Prior to the issuance of a license, the applicant and all household members shall:

 

(1)  Reside in a home that complies with the foster home requirements set forth in He-C 6446.09;

 

(2)  Meet with representatives of the licensing agency as required by He-C 6446.10;

 

(3)  Participate in the preparation of the home study as required in He-C 6446.11; and

 

(4)  Complete pre-licensing training as required by He-C 6446.12.

 

          (e)  The applicant and all household members 18 years of age or older shall not have been convicted of a felony or other crime as described in He-C 6446.28(b)(1)-(3).

         

          (f)  Through compliance with the requirements of He-C 6446.04 and He-C 6446.06 – 6446.12, prior to the issuance of a license, each applicant shall demonstrate his or her ability to:

 

(1)  Provide a child in care with a safe, nurturing, and stable family environment, which is free from abuse and neglect;

 

(2)  Provide for the basic needs of a child in care, including those for food, clothing, shelter, and supervision;

 

(3)  Assure, in conjunction with the child-placing agency, that a child in care receives routine and emergency medical and dental care, and mental health care;

 

(4)  Honor and uphold the foster care children's bill of rights codified in RSA 170-G:20-21;

 

(5)  Promote the physical, mental, educational, and emotional development of a child in care;

 

(6)  Show respect for the linguistic, ethnic, spiritual, and cultural background of a child in care;

 

(7)  Accept the relationships of a child in care with his or her parents, family members, DCYF, the licensing agency, and other individuals identified by the child and family as being a supportive and positive resource for the child through a relative, social, educational, or community relationship;

 

(8)  Assist a child in care in handling stressful situations and trauma frequently associated with placement in foster care, including:

 

a.  Removal from the parents’ home;

 

b.  Placement in a new home environment;

 

c.  Visitation with parents and siblings; and

 

d.  Return to the parents’ home or placement in other substitute care;

 

(9)  Manage the stressful situations that might develop in the foster home or with the foster family, as the result of the placement of a child in care;

 

(10)  Accept the temporary nature of foster family care and the likelihood that the child in care will, pursuant to the child’s case plan, return to his or her parent(s) or be placed in a permanent placement;

 

(11)  Work cooperatively with DCYF or the child-placing agency in implementing the case plan for the child in care;

 

(12)  Respect the legal rights and responsibilities of the parents of the child in care;

 

(13)  Complete the pre-license training required by He-C 6446.12;

 

(14)  Complete the in-service training required by He-C 6446.20 for the applicant’s foster family care license renewal, as applicable;

 

(15)  Discipline a child in care in a safe, non-threatening, and instructive manner that complies with He-C 6446.22; and

 

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

 

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); ss by #13056, eff 6-16-20

 

          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 Form 1720 “Fire Department Inspection – One and Two Family Dwelling” (June 2020 edition) or Form 1720A “Fire Department Inspection – Apartment Building” (June 2020 edition) as applicable, identified in He-C 6446.09(f);

 

(2)  The Form 1721 “Home Health Inspection” (June 2020 edition) identified in He-C 6446.09(g);

 

(3)  Criminal record checks as described in He-C 6446.07, for each household member as appropriate based on age, such that:

 

a.  A criminal records search is completed with state and local law enforcement agencies, if 18 years of age or older;

 

b.  A Federal Bureau of Investigations fingerprint record check, if 18 years of age or older;

 

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

 

d.  A review of the New Hampshire department of safety’s division of state police “Registration of Criminal Offenders” for each household member, regardless of age; and

 

(4)  A central registry check as specified in He-C 6446.08 for each household member 18 years of age or older.

 

          (c)  A permit shall be terminated if the department determines that the permittee has failed to continue to seek full licensure as a foster family care provider.

 

          (d)  A permit shall be converted to a license upon completion of licensing requirements identified in He-C 6446.04. The duration of a license issued to a permittee shall be inclusive of the duration of the permit.

 

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; ss by #13056, eff 6-16-20

 

          He-C 6446.06  Application for License.

 

          (a)  The applicant shall complete and submit an application packet that includes the following:

 

(1)  The completed Form 1715 “Application for Foster Family Care License” (June 2020 edition) acknowledging that:

 

a. “I/we have reviewed the Administrative Rule He-C 6446 and will adhere to the rules if I/we are licensed as a Foster Family Care provider. I/We authorize the NH Division for Children, Youth and Families (DCYF) to receive the results of the central registry check, the state registry check, and the out-of-state child abuse and neglect registry checks.”;

 

b. “I/We understand that:

 

The Division of Children, Youth and Families examines its child abuse records and the criminal conviction records of the State Police on Adoptive/Foster Parent applicants (RSA 170-E:4, III);

 

All household members 18 years and older shall be subject to a criminal records search through the NH state and local police, and through all other states in which the individual has resided for the preceding 5 years;

 

All household members 18 years old or older shall be subject to a Federal Bureau of Investigation fingerprint record check;

 

Information shared about a foster child’s safety, the caregiver’s safety and the appropriateness of the placement, is confidential (RSA 170-E:9, I(a)(13));

 

Other information about the child’s family, or the circumstances of his or her placement, must also be kept confidential. This information was taken from DCYF care records and files whose confidentiality is protected by federal law. Federal regulations (42 CFR, Part 2) prohibit the further sharing of this information without obtaining the written consent of the individual to whom it pertains, or as otherwise permitted by federal regulations;

 

Completion of this application does not constitute acceptance into the foster care family program. It is a statement of intention only and may be withdrawn at any time; and

 

DCYF has the right to verify information contained in this application.”; and

 

c. “I/We understand the above statements and verify that all statements made are true.” ;

 

(2)  The Form 1720 “Fire Department Inspection – One and Two Family Dwelling” (June 2020 edition) or Form 1720A “Fire Department Inspection – Apartment Building” (June 2020 edition) as applicable, completed in accordance with He-C 6446.09(f);

 

(3)  The Form 1721 “Home Health Inspection” (June 2020 edition) completed in accordance with He-C 6446.09(g);

 

(4) The completed Form 1717 “Local Law Enforcement Check” (June 2020 edition) and the applicable Criminal History Record Information form as identified in Table 5700-1 in Saf-C 5703, authorizing the licensing agency to conduct a criminal records check and local law enforcement check for:

 

a.  The foster parent requesting renewal; and

 

b.  All household members 18 years or older;

 

(5)  Form 2501 “NH Child Abuse and Neglect Central Registry Name Search Authorization Release of Information to Third Party” (June 2020 edition) completed by the foster parent requesting renewal and all household members 18 years of age or older authorizing   the licensing agency to conduct a central registry check certifying

 

a.  “I acknowledge that the results of this search can only be released to myself or a Child-Placing Agency pursuant to NH RSA 170-E, the Department of Health and Human Services pursuant to NH RSA 17-G:8-c, or another state’s Child Welfare Agency or Private Adoption Agency pursuant to NH RSA 169-C:35. I understand and authorize the results of this search to be provided to the person/agency listed below if in compliance with the aforementioned laws. Any entity listed below that is not governed under these laws will not be sent the results.”; and

 

b.  “I authorize the below named agency to receive the results of my registry check. I understand that the results will not be sent to me.”; and

 

(6)  For those applicants and household members 18 years of age or older who have lived outside the state of New Hampshire within the past 5 years of application:

 

a.  The results of a state criminal history records search for each state resided in, as required by He-C 6446.07; and

 

b.  The results of the child abuse and neglect registries for each state resided in, as required by He-C 6446.08.

 

          (b)  Each applicant shall provide the following autobiographical information:

 

(1)  A description of the applicant’s physical and mental health;

 

(2)  A brief history of the applicant’s childhood and family background including identification of family members, noting those family members with whom the applicant had a close relationship, and a description of the interactions between family members;

(3)  A description of the methods of discipline used in the applicant’s family;

 

(4)  The applicant’s childhood memories of enjoyable periods of time, events, and positive relationships;

 

(5)  The applicant’s present contacts with family members;

 

(6)  The educational background, including highest degree attained, and areas of training and expertise;

 

(7)  The employment history for the last 5 years;

 

(8)  A description of the applicant’s marital status and history, including previous marriages and divorces, if applicable;

 

(9)  A description of the applicant’s experience, if any, caring for children with special needs;

 

(10)  A description of criminal convictions and domestic violence petitions or restraining orders, if any;

 

(11)  A description of the foster home and the neighborhood where the applicant(s) resides;

 

(12)  A description of life in the applicant foster home, including the routine for housekeeping chores, and identification of any pets in the home, if applicable;

 

(13)  A description of the way in which the members of the applicant foster family:

 

a.  Solve problems;

 

b.  Settle disputes;

 

c.  Show love and affection;

 

d.  Show anger;

 

e.  Show sadness; and

 

f.  Share household chores;

 

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

 

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

 

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

 

          (c) Each additional adult caregiver residing in the foster home shall provide the following autobiographical information:

 

(1)  A description of the adult caregiver’s physical and mental health;

 

(2)  A brief history of the adult caregiver’s childhood and family background including identification of family members, noting those family members with whom the applicant had a close relationship, and a description of the interactions between family members;

(3)  A description of the methods of discipline used in the adult caregiver’s family;

 

(4)  The adult caregiver’s childhood memories of enjoyable periods of time, events, and positive relationships;

 

(5)  The adult caregiver’s present contacts with family members;

 

(6)  The educational background, including highest degree attained, and areas of training and expertise;

 

(7)  The employment history for the last 5 years;

 

(8)  A description of the adult caregiver’s marital status and history, including previous marriages and divorces, if applicable;

 

(9)  A description of the adult caregiver’s experience, if any, caring for children with special needs;

 

(10)  A description of criminal convictions and domestic violence petitions or restraining orders, if any;

 

(11)  A description of the applicant foster home and the neighborhood where the adult caregiver resides;

 

(12)  A description of life in the applicant foster home, including the routine for housekeeping chores, and identification of any pets in the home, if applicable;

 

(13)  A description of the way in which the members of the applicant foster family:

 

a.  Solve problems;

 

b.  Settle disputes;

 

c.  Show love and affection;

 

d.  Show anger;

 

e.  Show sadness; and

 

f.  Share household chores;

 

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

 

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

 

(16)  The adult caregiver’s history of parenting other people’s children.

 

          (d)  An application shall be complete upon submission of the application packet in (a) above, the autobiographical information in (b) and (c) above, and the following:

 

(1) Page 2 of Form 1722 “Medical Information Statement” (June 2020 edition) completed by a physician or nurse practitioner, for each applicant and each household member, submitted by either the applicant or the completing physician or nurse practitioner;

 

(2) Form 1728 “Pre-Adoptive/Foster Family Care Financial Statement” (June 2020 edition);

(3) The names and contact information for 5 references, in accordance with the following:

 

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

 

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

 

c.  All 5 references shall be positive in order to constitute a complete application for licensure; and

 

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

 

(4)  For any foster home in which the applicant is not the homeowner, a letter of good standing shall be obtained and submitted from the proprietor of the property or his or her designee.

         

          (e)  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.

 

          (f)  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.

 

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

 

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); ss by #13056, eff 6-16-20 (formerly He-C 6446.07)

 

          He-C 6446.07  Criminal Records Check.

 

          (a)  The applicant and all household members 18 years old or older shall be subject to a criminal records search through the New Hampshire state and local police, and through all other states in which the individual has resided for the preceding 5 years.

 

          (b)  The applicant(s) and all household members 18 years old or older shall be subject to a Federal Bureau of Investigation fingerprint record check.

 

          (c)  The applicant shall submit a completed Form 1717 “Local Law Enforcement Check” (June 2020 edition) for the applicant and all household members, authorizing a review of any history of involvement with the local law enforcement agency where the applicant and all household members reside.

 

          (d)  The applicant and all household members shall be subject to a review of the New Hampshire department of safety’s division of state police “Registration of Criminal Offenders” by accessing the URL “http://business.nh.gov/nsor/ (complete demographic fields; click search)”, regardless of age.

 

          (e)  The licensing agency shall examine and consider all documentation and reports received through (a)-(d) above regarding any involvement, convictions, or both of an applicant or household member for its impact on licensure in accordance with He-C 6446.28(b).

 

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); ss by #13056, eff 6-16-20 (formerly He-C 6446.08)

 

          He-C 6446.08  Abuse and Neglect Registry Check.

 

          (a)  The applicant and all household members 18 years of age or older shall complete and submit Form 2501 “NH Child Abuse and Neglect Central Registry Name Search Authorization Release of Information to Third Party” (June 2020 edition) to DCYF to conduct the central registry check.

 

          (b)  Those applicants and household members 18 years of age or older who have lived outside the state of New Hampshire within the past 5 years of application shall be subject to a child abuse and neglect registry check in each state they have resided in the past 5 years.

 

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

 

          (d)  A licensing agency shall request the applicant to provide further information regarding a positive registry match to review any implications of the information with the applicant and determine its impact on licensure in accordance with He-C 6446.28(a).

 

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); ss by #13056, eff 6-16-20(formerly He-C 6446.09)

 

          He-C 6446.09  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)  Prohibit any household member from co-sleeping or bed sharing with any child;

 

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

 

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

 

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

 

(9)  Provide space for clothing and personal possessions;

 

(10)  Provide a barrier-free access to the home and inside the home for each child in care who has physical and medical needs, as applicable; and

 

(11)  Provide basic first aid supplies including at a minimum bandages and antiseptic cleanser.

 

          (c)  At the time of the first home visit the applicant shall inform the licensing agency if the applicant or other household member possesses any weapons or firearms.

 

          (d)  If the applicant or any household member possesses any weapons or firearms, the following safeguards shall be made:

 

(1)  All weapons and firearms in the foster home shall be kept in a locked cabinet, storage container, or be secured with trigger locks;

 

(2)  Ammunition, projectiles such as arrows, and attachments such as bayonets kept in the foster home shall be stored and locked separately from the weapon or firearm; and

 

(3)  All weapons and firearms shall be secured and inaccessible when carried in a vehicle operated by a foster parent or other household member in which children in care are transported.

 

          (e)  If the applicant has a swimming pool, the applicant shall maintain a life saving device such as a ring buoy in proximity of the swimming pool.

 

          (f)  The applicant shall have a fire inspection of the home conducted, as follows:

 

(1)  The applicant shall arrange for the fire inspection of the home with the local fire inspector;

 

(2)  The applicant shall complete the top section of Form 1720 “Fire Department Inspection – One and Two Family Dwelling” (June 2020 edition) if the applicant lives in a building with no more than 2 individual dwellings or Form 1720A “Fire Department Inspection – Apartment Building” (June 2020 edition) if the applicant lives in a building with 3 or more individual dwellings, to include date, district office information, and foster family residence and contact information; and

 

(3)  Upon conducting the inspection, the fire inspector shall complete the rest of Form 1720 or Form 1720A, as applicable, and send a copy to the district office indicated on the form.

 

          (g)  The applicant shall have a home health inspection of the home conducted, as follows:

 

(1)  The applicant shall arrange for the health inspection of the home with the local health officer;

 

(2)  The applicant shall complete the top section of Form 1721 “Home Health Inspection” (June 2020 edition) to include date, district office information, and foster family residence and contact information, and shall sign the form; and

(3)  Upon conducting the inspection, the local health officer shall complete the rest of Form 1721 and send a copy to the district office indicated on the form.

 

(h)  The applicant shall complete and submit to the district office Form 1723 “Insurance and Safety Verification” (June 2020 edition) certifying the following:

 

(1) Under the safety information:

 

a. “I agree to keep all firearms or dangerous weapons in the home stored in a locked container inaccessible to foster children.”;

 

b. “I agree to keep all vehicles in a safe running condition.”;

 

c. “I agree that any person transporting foster children will have a valid driver’s license.”; and

 

d. “I agree to keep the home heating system(s) at the above noted address properly installed, and in good and safe operating condition.”; and

 

(2)  “By signing below, I certify that if my insurance (homeowners, renter’s, or automobile) expires that I will renew it without a lapse in coverage. I also certify that if my driver’s license, automobile registration, or automobile inspection expired that I will renew it without a lapse.”

 

          (i)  The applicant shall have a written emergency evacuation plan reviewed with all household members and posted in a prominent location in the home.

 

          (j)  The applicant shall have a comprehensive list of emergency telephone numbers, including poison control posted in a prominent location in the home.

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); ss by #13056, eff 6-16-20 (formerly He-C 6446.10)

 

          He-C 6446.10  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 6446.08); ss by #13056, eff 6-16-20 (formerly He-C 6446.11)

 

          He-C 6446.11  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 6446.09); ss by #13056, eff 6-16-20 (formerly He-C 6446.12)

 

          He-C 6446.12  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 30 hours of training, which includes, but is not limited to:

 

(1)  An orientation to the foster care system;

 

(2)  A review of the laws and regulations pertaining to foster care;

 

(3)  The impact of trauma on child growth and development;

 

(4)  Understanding grief and loss;

 

(5)  Maintaining family connections, including with birth parents;

 

(6)  The guidance and positive discipline of children;

 

(7)  Implementation of the reasonable and prudent parent standards;

 

(8)  The impact of sexual abuse and maintaining a safe environment;

 

(9)  First aid and cardiopulmonary resuscitation (CPR); and

 

(10)  Medication administration.

 

          (c)  An applicant who has held a valid foster family care license within the past 4 years in New Hampshire shall be exempt from completing the pre-licensing training in (b) above on those topics for which the curriculum has not changed since the applicant last completed the training.

 

          (d)  An applicant who has held a valid foster family care license within the past 4 years in any other state shall be exempt from completing the pre-licensing training in (b) above on those topics for which the applicant demonstrates completion of training on a curriculum with like competencies.

 

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); ); ss by #13056, eff 6-16-20 (formerly He-C 6446.13)

 

          He-C 6446.13  Submission of Applications by Employees of Licensing Agencies.

 

          (a)  Persons employed by DCYF who wish to obtain a license shall apply to a child-placing agency other than DCYF that is licensed to issue foster family home licenses.

 

          (b)  Persons employed by a child-placing agency who wish to obtain a license shall apply to DCYF or a child-placing agency other than the agency where the person is employed, that is licensed to issue foster family home licenses.

 

          (c)  Upon issuance of the license, the licensing agency shall be responsible for the supervision and monitoring of the licensed foster family home.

 

          (d)  Supervision of the child’s placement shall be provided by a child-placing agency or district office other than where the staff are employed.

 

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); ss by #13056, eff 6-16-20 (formerly He-C 6446.14)

 

          He-C 6446.14  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 are authorized to be placed in the foster home;

 

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

 

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

 

(7)  The total number of female children in care who are authorized to be placed in the foster home;

 

(8)  The date of issuance; and

 

(9)  The signature of the director of DCYF.

 

          (c)  A foster family home with 2 licensed foster parents shall provide care and supervision to no more than 6 children under the age of 21, inclusive of:

 

(1)  The total number of children in care placed in the foster home;

 

(2)  The number of foster family’s birth and adopted children;

 

(3)  Children in respite care; and

 

(4)  The number of other children residing in the foster home on a regular, 24-hour basis.

 

          (d)  A foster family home with one licensed foster parent shall provide care and supervision to no more than 4 children under the age of 21, inclusive of:

 

(1)  The total of the number of children in care placed in the foster home;

 

(2)  The number of the foster family’s birth and adopted children;

 

(3)  Children in respite care; and

 

(4)  The number of other children residing in the foster home on a regular, 24-hour basis.

 

          (e)  Exceptions to (c) and (d) above shall be made in accordance with RSA 170-E:25, II(a)(2), if the foster family is willing and able to take a sibling or a group of siblings of a child already in their care, and the department has concluded that the foster family is able to provide for the safety, permanency, and well-being of the child or children.

 

          (f)  The foster family care provider shall provide care and supervision for no more than 2 children in care at any one time who are under the age of 2 years, unless the children are related by blood or marriage.

 

          (g)  Each foster parent providing care shall be a full-time resident of the foster home.

 

(h)  Each foster parent and household member shall meet the physical health eligibility criteria set by the U.S Department of Health and Human Services, Administration on Children Youth and Families, “National Model Foster Family Home Licensing Standards” (February 2019) available at  https://www.acf.hhs.gov/sites/default/files/cb/im1901.pdf, as noted in Appendix A, as follows:

 

(1)  For any foster parent seeking to provide care to a child under 6 years old, or a child with special medical needs, all children who are household members shall be up to date on immunizations consistent with the recommendations of the American Academy of Pediatrics (AAP), the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention (ACIP), and the American Academy of Family Physicians (AAFP), unless the immunization is contrary to the child’s health as documented by a licensed health care professional;

 

(2)  All household members who will be caregivers of infants shall be up-to-date for pertussis (whooping cough) vaccine, unless the immunization is contrary to the individual’s health as documented by a licensed health care professional; and.

 

(3)  All household members who will be caregivers of infants and children with special medical needs shall be up-to-date for an annual influenza vaccine, unless the immunization is contrary to the individual’s health as documented by a licensed health care professional.

 

          (i)  For any foster parent seeking to provide care to a child age 6 and over, unless a child who is a household member has received an exemption from the vaccination requirement pursuant to RSA 141-C:20-c, all children shall be up to date on immunizations consistent with He-P 301.14 (b)(1)-(6).

 

          (j)  Special medical needs of a child in care are determined by the child in care’s physician licensed under RSA 329.

 

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

 

          (l)  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.

 

          (m)  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.

 

          (n)  A foster parent with valid licensure to provide child day care service shall be approved to provide child day care services for children in care only when the ratio of children in care to other children receiving child day care service in the home is at least one to one.

 

          (o)  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 6446.12); ss by #13056, eff 6-16-20 (formerly He-C 6446.15)

 

          He-C 6446.15  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.

 

          (b) A renewal packet shall be submitted including the following:

 

(1)  An updated Form 1715 “Application for Foster Family Care License” (June 2020 edition);

 

(2)  Form 1720 “Fire Department Inspection – One and Two Family Dwelling” (June 2020 edition) or Form 1720A “Fire Department Inspection – Apartment Building” (June 2020 edition) as applicable, completed in accordance with He-C 6446.09(f);

 

(3)   A completed Form 1717 “Local Law Enforcement Check” (June 2020 edition) and the applicable Criminal History Record Information form as identified in Table 5700-1 in Saf-C 5703, authorizing the licensing agency to conduct a criminal records check and local law enforcement check for:

 

a.  The foster parent requesting renewal; and

 

b.  All household members 18 years or older;

 

(4)  A completed Form 2501 “NH Child Abuse and Neglect Central Registry Name Search Authorization Release of Information to Third Party” (June 2020 edition) authorization for the licensing agency to conduct a central registry check for:

 

a.  The foster parent requesting renewal; and

 

b.  All household members 18 years or older; and

 

(5)  For those applicants and household members 18 years of age or older who have lived outside the state of New Hampshire within the past 5 years of application:

 

a.  The results of a state criminal history records search for each state resided in, as required by He-C 6446.07; and

 

b.  The results of the child abuse and neglect registries for each state resided in, as required by He-C 6446.08.

 

          (c)  A renewal application shall be complete upon submission of the renewal packet in (b) above and the following:

 

(1)  An updated Form 1722 “Medical Information Statement” (June 2020 edition) for each applicant and each household member, submitted by either the applicant, or the physician or nurse practitioner;

 

(2)  An updated Form 1728 “Pre-Adoptive/Foster Family Care Financial Statement” (June 2020 edition) described in He-C 6446.06(g);

 

(3)  An updated Form 1723 “Insurance and Safety Verification” (June 2020 edition) described in He-C 6446.09(h);

 

(4)  A list of in-service trainings completed since the date the license was issued, including:

 

a.  The title of the training;

 

b.  The sponsor of the training;

 

c.  The date of the training; and

 

d.  The number of hours for each training; and

 

(5) An updated home study as described in He-C 6446.11.

 

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

 

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

 

(1)  Submit the names, or applicable forms, of the individuals identified in (b)(3) above to:

 

a.  The local law enforcement agency for each location lived during the current licensure period for the presence of any history of involvement; and

 

b.  The New Hampshire state police to conduct a criminal records check;

 

(2)  Submit the appropriate completed forms of the individuals identified in (b)(4) above to DCYF to conduct a central registry check;

 

(3)  Review of the New Hampshire department of safety’s division of state police “Registration of Criminal Offenders” for each household member, regardless of age;

 

(4) Conduct a home visit as described in He-C 6446.10; and

 

(5)  Complete a written assessment of the foster parent’s compliance with the requirements of RSA 170-E and He-C 6446 during the current period of licensure.

 

          (f)  If the foster parent seeking license renewal has maintained compliance with the requirements in He-C 6446 and presents a set of qualifications that, taken as a whole, affirmatively shows a commitment to the purposes of foster family care, as established in He-C 6446.02, and to the “Foster Care Children’s Bill of Rights” in RSA 170-G:20-21, the licensing agency shall recommend renewal of the license by the department.

 

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

 

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); ss by #13056, eff 6-16-20 (formerly He-C 6446.16)

 

          He-C 6446.16  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 age and developmentally appropriate leisure time activities, socialization, and for the development of special interests and abilities, such as arts, crafts, music, and sports, consistent with the reasonable and prudent parent standards.

 

          (b)  Foster parents shall be responsible for the care of the child’s possessions received with a child in care or purchased for the child while in care, to include but not limited to assistive medical devices, clothing, books, and photographs. Foster parents shall return all belongings of a child who was in their care to the child or the child’s parent or guardian within 7 days of the child leaving the foster parent’s care.

 

          (c)  Foster parents shall use the reasonable and prudent parent standard pursuant to RSA 170-G:20 to make normal daily decisions in the life of the child and grant permission for participation in family, school, community, cultural, and social leisure time activities.

 

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); ss by #13056, eff 6-16-20 (formerly He-C 6446.17)

 

          He-C 6446.17  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 his or her portion of the case plan for the child in care and work cooperatively with DCYF staff, the parents of the child in care, and service providers when implementing the case plan for the child.

 

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; ss by #13056, eff 6-16-20 (formerly He-C 6446.18)

 

          He-C 6446.18  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.

 

          (f)  Using the reasonable and prudent parent standard as defined in He-C 6446.03(ac), each foster parent shall allow and encourage the child in care to participate in school related activities and events based on their age, ability, and development if there are no existing safety concerns for the child’s inclusion and the activity is otherwise not prohibited by the case plan or court order.

 

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); ss by #13056, eff 6-16-20 (formerly He-C 6446.19)

 

          He-C 6446.19  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, assistive devices, or both, are properly maintained for the exclusive use of the child in care for which prescribed.

 

          (c)  Each foster parent shall maintain a record of the physical and mental health care visits of a child in care, which shall include:

 

(1)  The dates of visits and treatment;

 

(2)  The reasons for the visits referenced in (1) above;

 

(3)  The names of health care providers seen;

 

(4)  Health care services received; and

 

(5)  Medications prescribed and the physician’s instructions.

 

          (d)  Upon request, a foster parent shall make available health care information on the child in care to the licensing agency.

 

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); ss by #13056, eff 6-16-20 (formerly He-C 6446.20)

 

          He-C 6446.20  In-Service Training Requirements.

 

          (a)  Each foster parent shall complete a minimum of 16 hours of competency based in-service training during the 2-year licensing period, which shall be provided through direct face-to-face training, online or web-based training programs, video presentations, or workbook or other printed material, all of which shall be related to foster care, adoption, or the specific needs of a child placed in the home.

 

          (b)  The in-service training referenced in (a) above shall:

 

(1)  Be recommended and pre-approved by the licensing agency in accordance with an individualized training plan;

 

(2)  Be offered in units of training that are a minimum of one hour in duration; and

 

(3)  Offer skill and competency building to foster parents to meet the needs of the child(ren) in care and the identified needs of the foster family to include topics such as:

 

a.  Child growth and development;

 

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

 

c.  Family systems and trauma-informed practices;

 

d.  Normalcy for children and youth in care;

Text Box: Edit: Insert “of age” after “years.”

 


e.  Special education; and

 

f.  Specialized medical care.

 

          (c)  If the foster parent was not required to train in the reasonable and prudent parent standard for their initial license, this training topic shall be completed prior to their next renewal application.

 

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); ss by #13056, eff 6-16-20 (formerly He-C 6446.21)

 

          He-C 6446.21  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.  #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); ss by #13056, eff 6-16-20 (formerly He-C 6446.22)

 

          He-C 6446.22  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 6446.20); ss by #13056, eff 6-16-20 (formerly He-C 6446.23)

 

          He-C 6446.23  Visits and Contacts with the Child in Care.

 

          (a)  Upon request by DCYF, a foster parent shall meet with the family of the child in care and the case manager to develop a mutually agreed upon schedule and plan for visits and contacts.

 

          (b)  This schedule and plan for visits and contacts shall include contacts with the family and with other individuals in accordance with the child’s case plan and any court orders.

 

          (c)  Foster parents shall maintain the mutually agreed upon schedule and plan for visits and contacts which may include weekends and holidays.

 

          (d)  Foster parents shall make efforts to obtain the input and consensus from the parent or legal guardian when making decisions around high risk or extended activities, even when using a reasonable and prudent parent standard.

 

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); ss by #13056, eff 6-16-20 (formerly He-C 6446.24)

 

          He-C 6446.24  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 Form 1552 “Child/Youth Information Sheet” (June 2020 edition), and Form 1643A ”Getting to Know Me - Infant/Toddler (0-3 Years Old)” (June 2020 edition), Form 1643B “Getting to Know Me  - School-Aged Child (4-10 Years Old)” (June 2020 edition), or Form 1643C “Getting to Know Me – Youth (11-18 Years Old)” (June 2020 edition), previously completed by the child’s parent or previous foster parent as provided by DCYF;

 

(5)  Documents from schools, doctors, and other agencies providing services to the child in care;

 

(6)  Dates and outcomes of school conferences;

 

(7)  A record of the child’s health care visits and other medical documentation as required in He-C 6446.19;

 

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

 

(9) Highlights of a child's participation in extracurricular, enrichment, cultural, and social activities; and

 

(10) Reports of any use of restraint or seclusion per RSA 126-U:7-a.

 

          (b)  The file referenced in (a) above shall be kept in a secure place in the foster home to preserve confidentiality.

 

          (c)  The foster parent shall review and update the information on Form 1552 “Child/Youth Information Sheet” (June 2020 edition), previously completed by the child’s parent and given to the foster parent at the time of placement, for each child in care every 6 months and when the child leaves the foster home, and submit the updated form to the case manager. Attachments to the forms may be used to supplement the information required.

 

          (d)  The foster parent shall update the following age applicable form for each child in care when they reunify or transfer to an alternative placement:

 

(1)  Form 1643A “Getting to Know Me - Infant/Toddler (0-3 Years Old)” (June 2020 edition) for children ages birth through 3 years old;

 

(2) Form 1643B “Getting to Know Me - School-Aged Child (4-10 Years Old)” (June 2020 edition) for children ages 4 through 10 years old; or

 

(3) Form 1643C “Getting to Know Me – Youth (11-18 Years Old)” (June 2020 edition) for children ages 11 to 18 years old.

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

 

          (f)  All identifying information, whether written, oral, imagery, or electronic, concerning the child in care, family of the child in care, or the circumstances of the child’s situation shall be kept confidential. 

 

          (g)  Information about the safety of a child in care, the foster parents’ safety, and the appropriateness of the placement shall also be confidential.

 

          (h)  If a situation requires disclosure of confidential information, written consent of the parent and DCYF shall be obtained prior to disclosure.

 

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); ss by #13056, eff 6-16-20 (formerly He-C 6446.25)

 

          He-C 6446.25  Mandatory Changes to Report .

 

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

 

(1)  The foster parent’s residential or mailing address;

 

(2)  The foster parent’s home telephone or cell phone number;

 

(3)  The foster parent’s marital status;

 

(4)  The foster parent’s employment status;

 

(5)  The household composition;

 

(6)  The physical structure of the foster home, which affects the safety of the residents, such as:

 

a.  Structural repairs;

 

b.  The installation of a wood stove;

 

c.  The removal of a furnace or other heating source; or

 

d.  The addition of a pool, pond, or other body of water;

 

(7)  Any household member’s involvement with DCYF services, including post-adoption services or services under RSA 169-B or RSA 169-D; and

 

(8)  Any circumstances which might violate the licensing requirements in He-C 6446.

 

          (b)  When it is not possible for a foster parent to provide prior notice to the licensing agency, the foster parent shall notify the licensing agency within one week of the occurrence of any of the following:

 

(1)  Changes listed in (a) above;

 

(2)  A change in the mental, emotional, or physical health of any member of the household; and

 

(3)  Any contact with federal, state, or local law enforcement personnel.

 

          (c)  A foster parent shall notify the licensing agency prior to accepting a placement of a child directly from a child’s parent or guardian, another child-placing agency, or from another office of the licensing agency.

 

          (d)  If a foster parent changes the location of his or her residence, in addition to the notice required in (a) or (b) above, the foster parent shall, within 4 weeks of the change in residence, complete and submit, or have submitted, the following to the licensing agency:

 

(1)  The Form 1715 “Application for Foster Family Care License,” as described in He-C 6446.06(a);

 

(2)  The Form 1720 “Fire Department Inspection – One and Two Family Dwelling” or Form 1720A “Fire Department Inspection – Apartment Building” as applicable, as described in He-C 6446.09(f); and

 

(3)  The Form 1721 “Home Health Inspection,” as described in He-C 6446.09(g).

 

          (e)  A foster parent shall immediately notify the licensing agency, in the event of:

 

(1)  The death of a child in care;

 

(2)  Serious illness or injury to a child in care;

 

(3)  The child’s unauthorized absence from the foster home; or

 

(4)  The unplanned child care arrangements for a child in care if the arrangements are to care for the child in excess of 24 hours.

 

          (f)  In cases involving serious injury or death to a child subject to restraint or seclusion, the foster parent shall notify the commissioner of the department of health and human services, the attorney general, and the state's Disabilities Rights Center pursuant to RSA 126-U:10.

 

          (g)  A foster parent shall provide the licensing agency at least 2 weeks written notice prior to the date the foster parent is requesting the removal of the child in care from the foster home.

 

          (h)  The information provided to the licensing agency in accordance with (a) through (f) above shall be reviewed by the licensing agency for its impact on the compliance by the foster parent with the requirements of He-C 6446.

 

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); ss by #13056, eff 6-16-20 (formerly He-C 6446.26)

 

          He-C 6446.26  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 shall be taken with regard to the license if the foster parent fails to correct the violation(s) identified in the order to comply; and

 

(4)  Be filed with the department’s foster care program manager.

 

          (c)  Within 14 days of the date of the order to comply, the licensing agency and the foster parent shall jointly develop a corrective action plan to correct the violations.

 

          (d)  The foster parent shall not accept any additional children in care, children for respite care, or children in a pre-adoptive placement:

 

(1)  After receiving an order to comply as specified in (c) above and prior to the development of a corrective action plan; or

 

(2)  During an ongoing investigation of alleged child abuse or neglect.

 

          (e)  The licensing agency shall offer an opportunity for informal dispute resolution to any foster parent who disagrees with a violation cited by the licensing agency on an order to comply, provided that the foster parent submits a written request for an informal dispute resolution.

 

          (f)  The informal dispute resolution shall be requested in writing, and copied to DCYF, by the foster parent no later than 14 days from the date the order to comply was issued by the licensing agency.

 

          (g)  The licensing agency shall review the evidence presented and provide a written notice to the foster parent of its decision.

 

          (h)  An informal dispute resolution shall not be available for any foster parent against whom DCYF has initiated action to revoke a license or deny a renewal license.

 

          (i)  If any violations identified pose a present risk to the health, safety, or well-being of the child in care, the department shall immediately, and with any court approval required by law, remove the child in care from the foster home without issuing an order to comply.

 

          (j)  The department shall revoke the license or permit of the foster parents without issuing an order to comply if:

 

(1)  There is a founded report of child abuse or neglect for a foster parent;

 

(2)  There is a judicial finding of abuse or neglect made related to the foster parent; or

 

(3)  A foster parent is convicted of a felony or other crimes pursuant to He-C 6456.29(b).

 

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); ss by #13056, eff 6-16-20 (formerly He-C 6446.27)

 

          He-C 6446.27  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 of other state agencies, which are referred to in this part.

 

          (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 for the length of time requested in (a)(2) above or until the expiration of the license, whichever comes first.

 

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); ss by #13056, eff 6-16-20 (formerly He-C 6446.28)

 

          He-C 6446.28  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 applicant is the subject of a founded report of child abuse or neglect in New Hampshire or any other state, unless DCYF determines that the applicant does not pose a present threat to the health, safety, or well-being of the child(ren) and that the placement is in the best interest of the child(ren).

 

          (b)  In addition to the reasons for denial specified in RSA 170-E:35 and in (a) above, the department shall deny an initial or renewal application for a foster family care license or permit if the applicant or household member 18 years of age or older:

 

(1)  Has been convicted of a felony for child abuse or neglect, spousal abuse, any crime against children, child pornography, rape, sexual assault, or homicide, but not including other physical assault or battery in accordance with 42 USC 671 (a)(20)(A)(i);

 

(2)  Has been convicted of a felony for physical assault, battery, or a drug-related offense, and that felony conviction was committed within the past 5 years in accordance with 42 USC 671 (a)(20)(A)(ii); or

 

(3)  Has been convicted of a violent or sexually-related crime against a child or of a crime which shows that the person might be reasonably expected to pose a threat to a child, such as a violent crime or a sexually-related crime against an adult, pursuant to RSA 170-E:29, III.

 

          (c)  In addition to the reasons for denial specified in RSA 170-E:35 and in (a) and (b) above, the department shall deny an initial or renewal application for a foster family care license or permit if the applicant:

 

(1)  Has a motor vehicle record or is the subject of a report from another source, including a local law enforcement agency, which, following assessment, shows that the applicant or household member might reasonably be expected to pose a threat of harm to a child;

 

(2)  Does not fully comply with the foster family care licensing requirements in He-C 6446;

 

(3)  Knowingly furnishes or makes false or misleading statements or information, or omits information in statements or submissions to the licensing agency;

 

(4)  Had a foster family care license or permit revoked; or

 

(5)  From the information provided pursuant to He-C 6446.04 – 6446.12, presents a set of qualifications which, DCYF determines, when taken as a whole, does not reflect and support the purposes of foster family care, as established in He-C 6446.02, and the  “Foster Care Children’s Bill of Rights” codified in RSA 170-G:20-21 .

 

          (d)  In addition to the reasons set forth in (b) and (c) above and in RSA 170-E:35, the department shall revoke a license or permit for foster family care if a foster parent:

 

(1)  Violates the provisions of the license or permit;

 

(2)  Refuses to submit or make available the written reports required in these rules for licensing or re-licensing in accordance with He-C 6446.04 – 6446.12;

 

(3)  Refuses or does not submit to a child abuse and neglect report investigation;

 

(4)  Refuses or does not admit authorized personnel for the purpose of a child abuse and neglect report investigation, home assessment, or pre-arranged visit;

 

(5)  Does not provide and maintain a safe and sanitary home in accordance with RSA 170-E:35 and He-C 6446.09;

 

(6)  Does not maintain resources adequate for the care of the child in care in accordance with He-C 6446.04 and He-C 6446.16;

 

(7)  Substantially or repeatedly fails to work cooperatively with DCYF staff, the parents of a child in care, or service providers in implementing the child's case plans and permanency goals in accordance with He-C 6446.17;

 

(8)  Interferes with the reunification or transition of the child in care into an alternative setting;

 

(9)  Makes unfounded derogatory statements with malicious intent about DCYF staff, child-placing agency staff, the family of the child in care, other foster parents, or service providers; or

 

(10)  From the information provided pursuant to He-C 6446.04 – 6446.12 or conduct pursuant to He-C 6446.16 – 6446.25, presents a set of qualifications which, DCYF determines, when taken as a whole, does not reflect and support the purposes of foster family care, as established in He-C 6446.02, and the “Foster Care Children’s Bill of Rights” codified in RSA 170-G:20-21.

 

          (e)  In addition to the reasons set forth in (b) and (c) above, the department shall revoke a license or permit if violations identified are not corrected within 60 days of the date of the corrective action plan in He-C 6446.26(c).

 

          (f)  When the department revokes or denies an initial or renewal license to operate a foster family home, denies or revokes a permit, or denies a waiver request, the department shall, pursuant to RSA 170-E:36, I, send to the applicant, licensee, or permittee, by registered mail, a notice which sets forth the particular reasons for the determination.

 

          (g)  Pursuant to RSA 170-E:36, I, the denial or revocation shall become final 10 days after receipt of the notice unless the applicant, licensee, or permittee requests a hearing under He-C 6446.29.

 

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); ss by #13056, eff 6-16-20 (formerly He-C 6446.29)

 

          He C 6446.29  Appeals.

 

          (a)  Administrative appeals of department decisions to revoke or deny an initial or renewal license, deny or revoke a permit, or modify a license or permit shall be conducted in accordance with RSA 170-E:37, RSA 541-A, He-C 200, and this section.

 

          (b)  Appeal requests shall be filed within 10 days of the date of the notice of action.

 

          (c)  Parties to any administrative hearing who are aggrieved by the decision of the departmental hearings officer may request a reconsideration in accordance with He-C 206, or may file an appeal of the decision with the superior court, in accordance with the provisions of RSA 170-E:37.

 

          (d)  Parties who are aggrieved by the decision of the hearings officer to deny the request for a reconsideration, or with the hearings officer’s decision after a rehearing has been conducted, may appeal the decision to the superior court, in accordance with the provisions of RSA 170-E:37.

 

Source.  #10788, eff 2-21-15 (from He-C 6446.28); ss by #13056, eff 6-16-20 (formerly He-C 6446.30)

 

PART He-C 6447 - RESERVED

 

PART He-C 6448  CHILD-PLACING AGENCY LICENSING REQUIREMENTS

 

Statutory Authority:  RSA 170-E:34

 

          He-C 6448.01  Applicability.  This rule shall apply to any child-placing agency as defined by RSA 170-E:25, IV.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19

 

          He-C 6448.02  Scope.  This part shall apply to licensing and performance requirements for child-placing agencies.

 

Source.  #12911, eff 10-24-19 (formerly He-C 6448.02)

 

          He-C 6448.03  Definitions.

 

          (a)  “Administrator” means the person designated by the child-placing agency as responsible for the overall daily operation of the child-placing agency.

 

          (b)  “Adoptive parent applicant” means the individual seeking to adopt a child through a child-placing agency.

 

          (c)  “Adoptive parent (s) application” means the provision of documents and information by the adoptive applicant (s) needed by the child placing agency to make a decision about the applicant (s).

 

          (d)  “Adoptive parent” means an individual who has completed the formal, legal process to adopt a child.

 

          (e)  “Approval” means the formal process used by a child-placing agency to determine the acceptability of a foster home or adoptive home and the document resulting from the process.

 

          (f)  “Birth parent” means biological parent of the child.

 

          (g)  “Case plan” means a comprehensive, time-limited, goal oriented, individualized plan for the care, treatment, and education of a child in the care of an agency and is based on a current, comprehensive evaluation of the child’s needs.

 

          (h)  “Case record” means a unified, comprehensive collection of information concerning a child who is in the care of a child-placing agency.

 

          (i)  “Casework services” means services provided through interventions which help individuals or families improve their functioning in society.

 

          (j)  “Casework supervisor” means a child-placing agency professional responsible for the oversight of quality casework services.

 

          (k)  “Caseworker” means a child-placing agency staff person assigned to casework or licensing services.

 

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

 

          (m)  “Child” means “child” as defined in RSA 170-E:25, I, namely “any person under 21 years of age.”

 

          (n)  “Child in care” means a child who is placed in a foster home.

 

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

 

          (p)  “Child-placing agency applicant” means the person or organization formally seeking a license to operate a child-placing agency.

 

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

 

          (r)  “Corrective action plan” means “corrective action plan” as defined in RSA 170-E:25, VI.

 

          (s)  “Criminal records” means records of criminal convictions maintained by or accessible through the NH state police.

 

          (t)  “Department” means the NH department of health and human services.

 

          (u) “Division for Children, Youth and Families (DCYF)” means the department’s division for children, youth and families.

 

          (v)  “Family” means a unit of one or more adults who have a long-term commitment to caring for and rearing children or an extended network of related people.

 

          (w)  “Family assessment” means a home study of the foster or adoptive applicant that includes a determination and written evaluation during the application process of the suitability of the foster or adoptive parent(s) and home for child placement.

 

          (x)  "Foster family home" means “foster family home” as defined in RSA 170-E:25 II (a) (1).

 

          (y)  “Foster parent” means an individual who has a license or permit for foster family care and who provides temporary substitute parental care for a child or children under an agreement with a licensed or approved child-placing agency.

 

          (z)  “Foster parent applicant” means the individual seeking to provide temporary substitute parental care to a child through a child-placing agency.

 

          (aa)  “Household” means all individuals who reside in the foster or adoptive home during any time that a child in care is placed in the home.

 

          (ab)  “Legal parent” means an adult who is legally responsible for a child.

 

          (ac)  “Legal risk” means placement of children, who are not legally free for adoption, with prospective adoptive parents.

 

          (ad)  “License” means “license” as defined in RSA 170-E:25, XI.

 

          (ae)  “Parent” means the birth, adoptive, or foster mother or father.

 

          (af)  “Placement” means the out-of-home care of a child in a foster home, a relative’s home, or residential care facility as described in RSA 170-E: 25, I & II.

 

(ag)  “Pre-licensing training” means the educational programs for foster parent applicants provided by the child-placing agency in accordance with He-C 6446.12 and adoptive parent applicants in accordance with He-C 6448.17.

 

          (ah)  “Staff” means all persons providing any services within a child-placing agency, including all employees, volunteers, student interns, and consultants.

 

          (ai)  “Waiver” means permission granted by the department to meet the intent of a regulation in a way other than that specified by the requirements in He-C 6448.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.02)

 

          He-C 6448.04  Requirements for Child-Placing Agency Applicants.  Each child-placing agency applicant shall:

 

          (a)  Have a written statement of agency purpose;

 

          (b)  Be incorporated and registered with the NH secretary of state as a for profit or non-profit business in NH;

 

          (c)  Have a governing body that:

 

(1)  Has authority over and responsibility for the operation and policy of the child-placing agency;

 

(2)  Is comprised of no less than 7 persons who have knowledge of the services provided; and

 

(3)  Does not include staff members of the child-placing agency applicant, nor have any proprietal relationship with liquid or fixed assets of any child-placing agency applicant;

 

          (d)  Have, in their office files, written statements of philosophy and policy for its operation that addresses:

 

(1)  Sexual harassment;

 

(2)  Drug free workplace;

 

(3)  Anti-discrimination;

 

(4)  Reporting of child abuse and neglect in accordance with RSA 169-C;

 

(5)  Discipline of children in care;

 

(6)  Confidentiality of files, records, and information gathered in accordance with RSA 170-E:28, 170-E:29, 170-E:33 and RSA 170-E:42;

 

(7)  Minimum educational or experiential requirements for staff;

 

(8)  Limits on the number of cases per caseworker;

 

(9)  Documentation that criminal record and central registry checks have been obtained on every staff member;

 

(10)  Methodology for assessment and evaluation of programs;

 

(11)  Provisions for the permanent retention of records pertaining to the placement of children for adoption, including maintenance of such records in the event that a licensed agency ceases to operate as a licensed child-placing agency; and

 

(12) Maintenance of records pertaining to the admission, progress, health, and discharge of children;

 

          (e)  Have sufficient funds and the means of raising funds to care for the children for whom the child-placing agency assumes responsibility and to assure that the child-placing agency can continue its responsibilities until its obligations are ended; and

 

          (f)  When the child-placing agency has not operated before or is reopening, provide documentation to the department of funding source, budget, staffing, fee schedules, and contingency funds that demonstrates that the child-placing agency has the fiscal capacity to operate for at least 6 months such as funding source, budget, staffing, fee schedules, and contingency funds.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19

 

          He-C 6448.05  Administration.

 

          (a)  A child-placing agency shall have an annual external financial audit or a review performed by a certified public accountant.  

 

          (b)  A licensed child-placing agency shall have a local advisory board that:

 

(1)  Is made up of at least 5 members;

 

(2)  Has officers of advisory boards elected at least every 2 years; and

 

(3)  Has meetings at least quarterly with minutes taken and retained for 7 years.

 

          (c)  The child-placing agency applicant shall have an administrator who:

 

(1)  Is responsible to the governing body for the administration of the child-placing agency’s policies and program; and

 

(2)  Is a graduate of an accredited 4-year college or university, with a major in social services, psychology, or education, and has had at least 5 years of experience in human services.

 

          (d)  If the administrator is also responsible for casework supervision, then the administrator shall meet the qualifications of both positions.

 

          (e)  Each child-placing agency shall have a casework supervisor who is responsible for the provision of child-placing services, foster care services, or adoption services.

 

          (f)  A casework supervisor shall have either:

 

(1)  A master’s degree from an accredited school of social work or a field of study with an emphasis on human service and an equivalent of at least 3 years of full-time casework experience in a child and family related setting with one year of this experience in a supervisory capacity; or

 

(2)  A bachelor’s degree and 5 years of experience in child welfare social work with 2 years of this experience in a supervisory capacity.

 

          (g)  The child-placing agency applicant shall have written personnel standards that include:

 

(1)  Titles for each position defining the salary scale, duties, and lines of authority;

 

(2)  Job descriptions and qualifications of the administrator and casework supervisor which shall meet or exceed the requirements set forth in (c) and (f) above;

 

(3)  A description of employee benefits;

 

(4) Opportunities for growth through supervision, orientation, in-service training, and staff development including competency-based courses pursuant to He-C 6446.21;

 

(5)  Annual evaluations of the work and performance of each staff member that includes a provision for employee participation in the evaluation process;

 

(6) A description of the termination procedures established for resignation, retirement, or discharge; and

 

(7)  A grievance procedure for employees.

 

          (h)  The child-placing agency shall prepare agency specific handbooks for foster and adoptive parent applicants that describe the requirements, policies, procedures, and forms.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.04)

 

     He-C 6448.06  Maintenance of Records.

 

          (a) The child-placing agency shall maintain records in a manner that provides for security and confidentiality of information.

 

          (b)  The child-placing agency shall have written procedures documenting the storage and access of confidential information, and staff shall be made aware of these procedures and the need for protection of confidential information.

 

          (c)  Records shall be made available to DCYF personnel on request.

 

          (d) The child-placing agency shall not make agency records available to qualified researchers or accreditation agencies unless steps have been taken to preserve the anonymity of children and families. 

 

          (e)  The child-placing agency shall maintain administrative records that include:

 

(1)  The purpose statement, service population, and geographic service area of the child-placing agency;

 

(2)  The most recent needs assessment conducted, pursuant to He-C 6448.08(e);

 

(3)  A complete operating procedure for the provision of services;

 

(4)  A current listing of personnel, including volunteers, and an organizational structural diagram noting supervisory relationships;

 

(5)  The names, addresses, and positions of each member of the governing body as required by He-C 6448.04(c) and a description of the duties of each;

 

(6)  The by-laws and articles governing the operation of the child-placing agency;

 

(7) Quarterly minutes of advisory and governing board meetings as described in He-C 6448.05(b)(3); 

 

(8)  Written personnel policies and job descriptions for each employee engaged in child-placing activities and a policy on the use of volunteers; and

 

(9)  Personnel files for each employee and volunteer that includes verification of criminal and child abuse registry checks.

 

          (f)  Each child-placing agency placing children in adoptive homes shall also maintain permanent case records on adoptive parents that include:

 

(1)  Documents required in He-C 6448.16 (a), (c), (d), (e), and (f); 

 

(2)  A placement agreement, the written document that specifies the terms of a child’s placement, signed by all individuals upon placement of a child, including a medical release obtained when the child was placed;

 

(3)  A written record of post-adoption services provided, including documentation of the completion of the adoption; and

 

(4)  A written record of services to birth and legal parents that includes intake information and a description of services provided.

 

          (g)  Each child-placing agency that places children in foster homes shall also maintain a permanent case record on each foster home that includes:

 

(1)  The foster home application for licensure as a foster home;

 

(2)  A copy of the foster home family assessment performed in accordance with He-C 6448.11(b)-(c);

 

(3)  A copy of the license for the foster home;

 

(4)  Copy of the results of all home monitoring visits;

 

(5)  A record of the children placed in the foster home with dates of placement and progress notes for the children; and

 

(6)  A copy of the discharge summary for all children discharged from the program.

 

          (h)  The child-placing agency shall maintain records for each child for whom placement services are provided that include:

 

(1)  Written authorization for placement;

 

(2)  Any medical release forms;

 

(3)  If the placement was made as a result of an interstate compact, documentation required by RSA 170-A:1, Article III;

 

(4)  Written description of the child’s placement experience;

 

(5)  A description of treatment services provided for the child and biological family;

 

(6)  Reason for placement;

 

(7)  Documentation of the surrender or termination of parental rights;

 

(8)  Results of any reviews conducted and progress notes; and

 

(9)  Written description of the services provided to any child for whom the planned placement was not made.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.20)

 

          He-C 6448.07  Operational Requirements.

 

          (a)  The child-placing agency shall maintain and make available upon the request of DCYF, all case records, personnel files, and other agency records as agreed upon by the agency and DCYF.

 

          (b)  The child-placing agency shall maintain a personnel file for each employee that includes:

 

(1)  The application for employment, including record of previous employment;

 

(2)  A copy of each educational degree and applicable credential or certification;

 

(3)  A minimum of 5 written references;

 

(4)  The results of criminal and central registry checks;

 

(5)  Staff development attendance; and

 

(6)  Annual performance evaluations.

 

          (c)  The child-placing agency shall not hire or continue to employ a person whose health, veracity, education, work history, or behavior and actions impair her or his ability to protect the health and safety of the children served as determined by:

 

(1)  Completion of a child abuse registry check with DCYF prior to the employment start date of new staff members;

 

(2)  Verification of the applicant’s addresses for the past 5 years;

 

(3)  Review of criminal, central registry, and motor vehicle checks from all states in which the applicant has resided during the 5 years prior to the start of employment;

 

(4)  Evaluation of any arrest, criminal conviction, and motor vehicle checks of an employee for its impact on employment and on the care and safety of children;

 

(5)  Verification of the applicant’s qualifications through at least 5 written references; and

 

(6)  Review of a signed medical statement that the employee can perform the job.

 

          (d)  All staff shall maintain confidentiality of information concerning clients and their records, such as securing files, and refraining from discussing or disclosing information without authorization or written consent pursuant to RSA 170-E:34 (c).

 

          (e)  Staff members shall be certified or licensed, if required by law.

 

          (f)  The child-placing agency shall maintain correspondence, records, bookkeeping, and files up-to-date and easily retrievable.

 

          (g)  The child-placing agency shall maintain a roster of members of its staff listing position, title, and qualifications and a current organizational chart showing administrative structure and staffing, including lines of authority.

 

          (h)  A child-placing agency that uses volunteers to work directly with children and families shall:

 

(1)  Have written job descriptions;

 

(2)  Require 3 personal references;

 

(3)  Designate a staff member to supervise and evaluate volunteers;

 

(4)  Develop and implement a written plan for the orientation and training of volunteers in the philosophy of the child-placing agency;

 

(5)  Require all volunteers to maintain strict confidentiality concerning clients and records; and

 

(6)  Complete criminal and central registry checks pursuant to RSA 170-E:29-a for each volunteer who has regular contact with children prior to the volunteer entering service for the child-placing agency.

 

          (i)  The child-placing agency shall have written procedures for handling suspected incidents of child abuse and neglect involving staff, foster or adoptive parents, or volunteers that include:

 

(1)  A provision for recording a suspected incident and for promptly reporting it to the agency’s director or to the governing body or advisory board;

 

(2)  A provision for reporting an allegation of abuse or neglect as described in RSA 169-C:29;

 

(3)  A provision for preventing a recurrence of the alleged incident pending investigation; and

 

(4)  A provision for notifying the department of any findings of an investigation of abuse or neglect.

 

          (j)  A child-placing agency shall establish operational policies and procedures so staff are informed of current adoption and foster care agency practices and staff can provide services consistently to clients.

 

          (k)  A child-placing agency shall have a written on-going program of staff development or provide staff the opportunity to attend training outside of the agency.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.17)

 

          He-C 6448.08  Child-Placing Agency Application Requirements.

 

(a)  DCYF shall forward an application packet to child-placing agency applicants meeting the requirements of He-C 6448.04 which includes the following:

 

(1)  Form 2611 “Application For Child-Placing Agency License” (October 2019); and

 

(2)  A copy of He-C 6448.

 

(b)  A representative of the governing body of the child-placing agency applicant shall sign and date the “Certification” of Form 2611 “Application For Child-Placing Agency License” (October 2019) certifying the following:

 

“As a representative of the governing body, I certify that:

 

The governing body has authority over and responsibility for the operation and policy of the applicant agency;

 

The governing body is comprised of no less than 7 persons who have knowledge of the services provided; and

 

The governing body does not include staff members of the applicant agency, not have any proprietary relationship with liquid or fixed assets of any applicant agency”

 

(c)  In addition to the requirements in (a) and (b) above, the administrator of the applicant agency shall sign and date the “Authorization/Statement of Understanding” of Form 2611 “Application For Child-Placing Agency License” (October 2019) which affirms:

 

“I have reviewed Administrative Rule He-C 6448 and shall adhere to the rule as a licensed child-placing agency.  I hereby acknowledge that DCYF personnel will be provided with access to the child-placing agency’s case records, personnel files, and other agency records in accordance with He-C 6448.07(a).

 

I authorize the NH Division for Children, Youth and Families (DCYF) to conduct reviews to determine the agency’s compliance with Administrative Rule He-C 6448.  I further understand that DCYF has the right to verify information contained in this application.

 

The information contained in this application is correct to the best of my knowledge.”

 

(d)  In addition to the requirements in (a) – (c) above, all agency personnel, including volunteers and any member of the governing board that has regular contact with children, shall submit:

 

(1)  A completed and notarized form “Criminal History Record Information Release Authorization Form” (DSSP256) directly to the New Hampshire department of safety – division of state police with Section II completed to authorize the release of the person's criminal records, if any, to the department; and

 

(2)  A completed and notarized form 2501 “DCYF Central Registry Name Search Authorization Release of Information to Third Party” (October 2019) to the department and the applicant shall certify to the following:

 

“I acknowledge that the results of this search can only be released to myself or a Child-Placing Agency pursuant to NH RSA 170-E, the Department of Health and Human Services pursuant to NH RSA 170-G:8-c, or another state’s Child Welfare Agency or Private Adoption Agency pursuant to NH RSA 169-C:35. I understand and authorize the results of this search to be provided to the person/agency listed below if in compliance with the aforementioned laws.  Any entity below that is not governed under these laws will not be sent the results.”

 

(e)  In addition to the requirement in (a) – (d) above, the applicant shall submit documentation of the present need for the proposed child-placing agency that includes:

 

(1)  Demographic data;

 

(2)  Population to be served;

 

(3)  Geographic area to be served; and

 

(4)  Documents or statements of requested delivery of service from DCYF or other child-placing agency such as a request for proposal;

 

(f)  In addition to the requirements in (a) – (e) above, the applicant agency shall submit the following attachments with Form 2611 “Application For Child-Placing Agency License” (October 2019):

 

(1)  Written statements of philosophy and policy for agency operations that addresses:

 

a.  Sexual harassment;

 

b.  Drug free workplace;

 

c. Anti-discrimination;

 

d.  Reporting of child abuse and neglect in accordance with RSA 169-C;

 

e.  Discipline of children in care;

 

f.  Confidentiality of files and, records and information gathered in accordance with RSA 170-E:28, 170-E:29, 170-E:33 and RSA 170-E:42;

 

g.  Minimum educational or experiential requirements for staff;

 

h.  Limits on the number of cases per caseworker;

 

i.  Documentation that criminal record and central registry checks have been obtained on every staff member;

 

j.  Methodology for assessment and evaluation of programs;

 

k.  Provisions for the permanent retention of records pertaining to the placement of children for adoption, including maintenance of such records in the event that a licensed agency ceases to operate as a licensed child-placing agency.

 

l.  The appropriateness, safety, environmental health, and general adequacy of the premises, including maintenance of adequate fire prevention and health standards conforming to state laws and municipal codes, to provide for the physical comfort, health and care of children received;

 

m.  Provisions for food, clothing, educational opportunities, program, equipment, and individual supplies to assure the health and the physical and mental development of children served;

 

n.  Provisions to safeguard the legal rights of children served;

 

o.  Maintenance of records pertaining to the admission, progress, health and discharge of children;

 

p.  Filing of reports with the department, including format, frequency, and content of such reports;

 

q.  Protection and fostering of the particular religious faith of the children served, where applicable;

 

r.  Duties and responsibilities of the board of directors or other governing body of the child-placing agency with respect to compliance with residential care and child-placing agency Licensing beginning at RSA 170-E:24 and the related standards according to He-C 6448.

 

(2)  Written personal standards that include:

 

a.  Titles for each position defining the salary scale, duties, and lines of authority;

 

b.  Job descriptions and qualifications of the administrator and casework supervisor which shall meet or exceed the requirements set forth in He-C 6446.04 (c) and (f);

 

c.  A description of employee benefits;

 

d.  Opportunities for growth through supervision, orientation, in-service training, and staff development including competency-based courses pursuant to He-C 6446.19;

 

e.  Annual evaluations of the work and performance of each staff member that includes provision for employee participation in the evaluation process;

 

f.  A description of the termination procedures established for resignation, retirement, or discharge; and

 

g.  A grievance procedure for employees.

 

(g)  In addition to the requirements in (a) – (f) above, the applicant agency shall submit the following attachments with Form 2611 “Application For Child-Placing Agency License” (October 2019):

 

(1)  A copy of the child-placing agency applicant’s charter, articles of incorporation, by-laws, or other policy documents demonstrating the legal authority for operating in NH;

 

(2)  A copy of the most recent needs assessment conducted pursuant to He-C 6448.08(e);

 

(3)  Copy of a Certificate of Good Standing from the New Hampshire secretary of state;

 

(40  Fee schedules for adoption services provided by the child-placing agency;

 

(5)  For child-placing agencies in operation for at least 3 years, attach a copy of the most recent audited financial statements, and budgets for the last 3 years;

 

(6)  For child-placing agencies in operation for less than 3 years, attach documentation of funding source, budget, staffing, fee schedules and contingency funds that demonstrates that the agency has the fiscal capacity to operate for at least 6 months;

 

(7)  A copy of the agency specific handbook for foster and adoptive parent applicants that describe the requirements, policies, procedures, and forms; and

 

(8)  A copy of the current listing of personnel, including volunteers, and an organizational structural chart noting supervisory relationships and the reporting hierarchy of the child-placing agency.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19

 

          He-C 6448.09  Issuance of Child-Placing Agency License.

 

          (a)  The commissioner shall approve the child-placing agency for a license in accordance with RSA 541-A:29 and when:

 

(1)  The child-placing agency applicant has complied with He-C 6448.04-08;

 

(2)  A review of the criminal and central registry records checks by DCYF staff find that no employee poses a known threat to any child;

 

(3)  The child-placing agency has demonstrated, through the documentation required by He-C 6448.08(e), that a present need for the services being offered exists; and

 

(4)  The documentation provided in accordance with He-C 6448.08(e) demonstrates that the child-placing agency has the ability to accommodate the present needs for services identified in (3) above.

 

          (b)  Upon approval as described in (a) above DCYF shall forward to the child-placing agency applicant a written certificate that includes:

 

(1)  The name and address of the child-placing agency;

 

(2)  The effective dates of the license;

 

(3)  The parameters of service the child-placing agency is approved for such as adoption, foster care and family home assessments included in the license approval;

 

(4)  Type of child placement;

 

(5)  Number of the license as issued by the department; and

 

(6)  The signature of the director of DCYF.

 

          (c)  The child-placing agency license shall be valid for 4 years.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.06)

 

          He-C 6448.10  Provision of Foster Care Services.

 

          (a)  The department or any licensed child-placing agency shall place a child only with another licensed child-placing agency.

 

          (b)  A child-placing agency shall not place a child in the custody, guardianship, or supervision of DCYF in an unlicensed foster home.

 

          (c)  A child-placing agency shall not place a child without the written authorization of the parents, agency, or other person with the legal authority to provide the authorization.

 

          (d)  In addition to the information required by He-C 6448.06(h), the child-placing agency shall obtain, record, and maintain the following information in the child’s case record:

 

(1)  The full name of the child and his or her residence prior to being placed in care;

 

(2)  Date and place of the child’s birth;

 

(3)  The sex of the child;

 

(4)  The child’s social security number, when available;

 

(5)  The names, addresses, telephone numbers, occupations, marital status, and ethnicity of the parents;

 

(6)  How the parents can be reached in the event of an emergency;

 

(7)  The names, ages, sex, and relatedness of siblings, and addresses when known;

 

(8)  The legal custody and guardianship status of the child;

 

(9)  The religion of the child;

 

(10)  The educational status of the child;

 

(11)  The medical history insofar as available, for the child and the parents;

 

(12)  The medical insurance information;

 

(13)  A signed authorization for placement and a signed release for ordinary and emergency medical care;

 

(14)  The particular needs of the child and how the child-placing agency can meet them, including a plan for reunification with the birth parents or some other permanency plan which provides the child with a stable, permanent home; and

 

(15)  The life history of the child up to the time of placement.

 

          (e)  The case work staff shall visit each foster family home which has a child in care:

 

(1)  Within 10 working days after the child’s placement;

 

(2)  At least once a month or in accordance with the child’s case plan and the family’s need for supervision and support; and

 

(3)  Submit progress reports, as required by the Interstate Compact on the Placement of Children (ICPC) for all interstate placements to:

 

DCYF Deputy Compact Administrator

129 Pleasant Street

Concord, NH 03301

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.07)

 

          He-C 6448.11  Foster Family Applicant Services.

 

          (a)  Application and licensing of foster family homes shall be in accordance with He-C 6446.

 

          (b)  A child-placing agency shall have a written description of its application process to determine the suitability of a family for foster care including all requirements in He-C 6446.03.

 

          (c)  The child-placing agency shall conduct a family assessment of the foster family which:

 

(1)  Includes a minimum of 3 meetings with the prospective parent(s) at least 2 visits made to the home;

 

(2)  Consists of individual and joint meetings with all household members;

 

(3)  Shall be completed within 120 days of the date that the application and all required documentation as described in He-C 6446.04 were received, unless the applicants agree in writing that the child-placing agency may extend the time allowed to complete the family assessment; and

 

(4)  Provides written results to the applicant of the foster family assessment within 30 days after completing the family assessment.

 

          (d)  The child-placing agency shall prepare a written family assessment as described in He-C.6446.12.

 

          (e)  In accordance with He-C 6446.11, home visits shall be held in the foster home with representatives of the child-placing agency prior to the issuance of a permit or a license.

 

          (f)  The minimum requirements for acceptance of foster family applicants shall be in accordance with He-C 6446.05 and the following:

 

(1)  Foster parent applicants, whether married or single, shall have established a stable and consistent home life in that the applicant is self-sufficient and has adequate support systems, such as extended family and friends in the community who are able to assist the family;

 

(2)  The foster parent applicants shall demonstrate good physical and emotional health, as required in He-C 6446.07(e);

 

(3)  The foster home shall conform to the requirements set forth in He-C 6446.10; and

 

(4)  The foster parent applicant shall:

 

a.  Not have a court finding related to child abuse or neglect or any other serious crime that would affect the ability to care for children; or

 

b.  When a founded report is on file, have been determined by DCYF to no longer pose a threat to any child in accordance with He-C 6448.16(d)(4)b.

 

          (g)  The decision to recommend approval of a family for licensure for a foster home shall be that of the child-placing agency’s professional case work staff including at least 2 persons being involved in the decision.

 

          (h)  A child-placing agency shall inform each applicant in writing of its decision on the application within 120 days from the date that the completed application and all required documents are received.

 

          (i)  After following the child-placing agency’s appeal process, any applicant who is denied licensure may follow He C 6446.30 to appeal the decision. All records shall then be given to DCYF for review.

 

(j)  Pursuant to He-C 6446.13, the foster family applicants shall complete pre-licensing training prior to the issuance of a license.

 

(k)  The child-placing agency shall conduct a re-licensing evaluation of its foster families prior to the expiration of the current license, pursuant to He-C 6446.16.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11 (from
He-C 6448.12), EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.08)

 

          He-C 6448.12  Services to Foster Family Providers.

 

          (a)  The child-placing agency caseworker  may perform announced or unannounced meetings with the foster family in the foster home.

 

          (b)  The child-placing agency shall monitor and ensure that foster parents obtain at least the minimum amount of training required pursuant to He-C 6446.21 or He-C 6355.16.

 

          (c)  The child-placing agency shall assign licensing staff to each permitted or licensed foster family to monitor licensing requirements.

 

          (d)  The child-placing agency shall notify foster parent(s) that the foster parent stipend is a reimbursement for the care of the child and not a payment to the foster parent(s).

 

(e)  Within 7 working days of the termination of a placement, the child-placing agency shall contact the foster parents to provide support and resolve any remaining issues relative to the child leaving the home.

 

          (f)  The child-placing agency shall provide foster family care providers with an agency-specific foster parent handbook in an electronic or paper format informing them of policies, procedures, and forms which are relevant to its specific agency.

 

(g)  The child-placing agency shall ensure the foster family provider complies with the record keeping and confidentiality requirements of He-C 6446.25.

 

          (h)  The child-placing agency may recommend, in writing, to DCYF that a foster family license be revoked, pursuant to He-C 6446.29.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11 (from
He-C 6448.11), EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.09)

 

          He-C 6448.13  Services to Children in Foster Care.

 

          (a)  The child-placing agency shall ensure that the child being placed is in a program appropriate to his or her needs according to the provisions of He-C 6446.

 

          (b)  Siblings shall be placed together when possible.

 

          (c)  The child-placing agency shall encourage contact between birth parents and children during foster care in accordance with the case plan.

 

          (d)  The child-placing agency shall encourage contact between birth parents and foster parents while the child is in foster care in accordance with the child’s case plan.

 

          (e)  When a child with a legal relationship with DCYF has been placed in a foster home, the foster parent shall notify the child-placing agency and DCYF:

 

(1)  Within one working day of any incidents related to the child’s psychological or medical well-being such as an accident requiring medical care or unusual aggressive or abusive behavior by the child; or

 

(2)  Immediately in the event of:

 

a.  The death of a child in care;

 

b.  The hospitalization of, or serious illness or injury to, a child in care;

 

c.  The unauthorized absence from the foster home of a child in care; or

 

d.  The unplanned child care arrangements for a child in care if the arrangements are to care for a child in excess of 24 hours. 

 

          (f)  The child-placing agency shall report any incidents described in (c) above to the child’s DCYF child protection service worker or supervisor upon any such notification.

 

          (g)  When the child-placing agency requests discharge of a child with a legal relationship with DCYF from the child placing agencies foster care program, the child-placing agency shall discharge a child only:

 

(1)  After providing 2 weeks prior notice of the discharge to all parties, including DCYF, the foster family, and the birth family, except in emergencies;

 

(2)  By order of the court; or

 

(3)  Upon the recommendation of DCYF, or persons having legal custody of the child;

 

          (h)  After discharge, the child-placing agency shall complete and submit a discharge summary to DCYF and file a copy in the child’s case record, which includes at a minimum, the following:

 

(1)  The name and address of the person, persons, or agency to whom the child was discharged;

 

(2)  Date of discharge; and

 

(3)  Reason for discharge; and

 

          (i)  The child-placing agency shall provide information and recommendations to DCYF for aftercare planning. 

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.10)

 

          He-C 6448.14  Provision of Adoption Services.

 

          (a)  The primary focus of the adoption program shall be to protect the rights of the children, birth and legal parents and potential adoptive parents and to meet the needs of the children for whom the child-placing agency accepts responsibility by offering services to the child, birth and legal parents, and the adoptive parents.

 

          (b)  The child-placing agency shall explain the eligibility requirements of the agency to persons seeking to apply to adopt including:

 

(1)  Residence;

 

(2)  Age;

 

(3)  Religion;

 

(4)  Health;

 

(5)  Composition of the family; and

 

(6)  Financial ability to provide care for the child.

 

          (c)  The child-placing agency shall explain to the person wishing to apply to adopt the child-placing standards for:

 

(1)  Adoption family assessment as described in He-C 6448.16 (c);

 

(2)  Training as described in He-C 6448.17;

 

(3)  Services to pre-adoptive parents and children as described in He-C 6448.18; and

 

(4)  Post-adoption services as described in He-C 6448.19.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.11)

 

          He-C 6448.15  Services to Birth Parents Considering Adoption.

 

          (a)  Prior to making an adoption plan for the child, the child-placing agency shall offer adoption counseling to birth parents.

 

          (b)  The child-placing agency shall help the parent assume or resume her or his parental role and responsibilities when the parent no longer wants to make an adoption plan.

 

          (c)  The child-placing agency shall help the birth family gain access to the services necessary to preserve and strengthen the family and to accomplish the family’s goals.  When the child is in foster care, the agency shall assist the parent with the issues that brought about the need for placement.

 

         (d)  The child-placing agency shall encourage contact between birth parents and children during foster care in accordance with the case plan.

 

          (e)  The child-placing agency shall encourage contact between birth parents and foster parents while the child is in foster care in accordance with the child’s case plan.

 

          (f)  Child-placing agencies providing adoption services shall not accept a child into care without a signed agreement with the parents of the child that includes:

 

(1)  The expectations and responsibilities of the child-placing agency;

 

(2)  The expectations and responsibilities of the parents;

 

(3)  The financial arrangements for the child; and

 

(4)  Visitation plans.

 

          (g)  When appropriate to the case plan, the child-placing agency shall refer the child’s family to other agencies in the community providing appropriate services.

 

          (h)  When the child’s family has been referred to a community agency as described in (g) above, the child-placing agency shall maintain communication with the agency providing the services, contingent on a signed release of information  from the child’s parent or guardian.

 

          (i)  The child-placing agency shall document efforts to obtain a signed release of information from a child’s parent or guardian in order to maintain communication in (h) above.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.12)

 

          He-C 6448.16  Adoption Family Application.

 

          (a)  During the adoption family application process, the child-placing agency shall obtain:

 

(1)  A signed application as provided by the child-placing agency;

 

(2) A signed medical statement from a licensed physician, physician’s assistant, or nurse practitioner on each applicant based on an examination given within one year  of the application;

 

(3)  A financial statement which includes:

 

a.  The monthly income available to the household from all sources including adoption subsidies for children with special needs;

 

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

 

c.  Assets such as savings, investments, and real estate;

 

(4)  Information on the adoptive parent applicants’ religious preferences, if any; and

 

(5)  A minimum of 5 personal references provided by persons who have known the applicants for at least 2 years, one of whom is a relative and the remaining 4 unrelated to the applicant by blood or marriage.

 

          (b)  The child-placing agency shall provide the adoptive family applicant with an agency-specific adoptive family handbook informing them of policies, procedures, and forms, which are relevant to its specific agency.

 

          (c)  A family assessment and application shall be completed as described in He-C 6446.04-.13 for an adoptive applicant family which:

 

(1)  Includes at least 3 meetings with at least one meeting in the home;

 

(2)  Consists of individual and joint meetings, when applicable, with the couple;

 

(3)  Involves all adults and children of sufficient understanding in the household;

 

(4)  Shall be completed within 120 days of the date that the application and all required documents were received, unless the applicants agree in writing that the child-placing agency may extend the time allowed to complete the family assessment;

 

(5)  Provides written results to the applicant of the adoptive family assessment within 30 days after completing the family assessment; and

 

(6)  Includes consideration of the following factors to assess the adoptive parent applicant’s compatibility with a child and any problems the adoptive parent applicants might encounter following the adoption:

 

a.  The adoptive parent applicants’ motivation to adopt;

 

b. If applicable, how the adoptive parent applicants have dealt with issues of their infertility;

 

c. The adoptive parent applicants’ expectations of the child and preferred child characteristics; and

 

d. The adoptive parent applicants’ feelings about adoption and how adoption will be explained to the child, including:

 

1.  Searches for birthparents or other relatives;

 

2.  Reunification with birthparents or other relatives;

 

3.  Open adoption which is the private and non-legally binding agreement between birth parents that the adoptive child can remain in contact with the birth parents or other biological relatives;

 

4.  Attitude toward parents who place their child for adoption; and

 

5.  The background of the child.

 

          (d)  The minimum requirements for acceptance of the adoptive parent applicants shall be as follows:

 

(1)  Each adoptive parent applicant shall be at least 18 years of age;

 

(2)  Each prospective adoptive parent shall confirm their commitment to adopt;

 

(3)  The adoptive parent applicant shall not have been convicted of child abuse or neglect or any other serious crime that would affect the ability to care for children;

 

(4)  The adoptive parent applicants and all household members shall be screened by the department, pursuant to RSA 170-B:18, VII , for any founded reports of child abuse or neglect on file with DCYF, and:

 

a.  If a founded report is on file for any member of the adoptive parent applicant’s household, DCYF staff in cooperation with staff from the child-placing agency shall conduct a complete review of the circumstances surrounding the report; and

 

b.  After review, if DCYF determines that the household member poses no further threat to any child, the child-placing agency shall proceed with the application process;

 

(5)  Adoptive parent applicants, whether married or single, shall have established a stable and consistent home life in that the applicant shall be self-sufficient and shall have adequate support systems such as extended family and friends in the community who are able to assist the family;

 

(6)  The applicants shall demonstrate good physical and emotional health, with a reasonable expectation that the good health will continue throughout the minority of the child;

 

(7)  Sufficient physical space and accommodations in the home shall exist for the adoptive child; and

 

(8)  The applicants shall have sufficient income to support the family and the child they wish to adopt.

 

          (e)  Approved adoptive families who have waited a year for a placement shall have an annual home visit and family assessment update which includes:

 

(1)  Any changes to the original family assessment;

 

(2)  An update of the household members medical health;

 

(3)  Updated criminal checks for all household members; and

 

(4)  Updated child protective services checks for child abuse or neglect.

 

          (f)  Adoptive parents must wait at least 6 months after the placement of a child for adoption, and until the adoption is final before submitting an application for an additional unrelated child or children. The requirements in (a)-(d) above shall apply to applications and family assessment for additional children.

 

          (g)  A child-placing agency shall approve a home as an adoptive home if the completed application and assessment demonstrate that the adoptive applicant can provide care in compliance with the requirements of RSA 170-B:18.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.13)

 

     He-C 6448.17  Pre-Adoptive Training.

 

          (a)  Pre-adoptive training shall consist of at least 8 hours of training that covers:

 

(1)  The adoption process;

 

(2)  The impact of early and prenatal trauma on child development;

 

(3)  Understanding a child’s behaviors;

 

(4)  Grief and loss;

 

(5)  Developmental stages;

 

(6)  The family unit from which the child entered the adoptive process;

 

(7)  The impact of adoption on the family and community; and

 

(8)  Race and culture.

 

          (b)  Pre-adoptive training shall be completed in its entirety:

 

(1)  During the family assessment process; and

 

(2)  Prior to approving a family for adoption.

 

          (c)  Status of training shall be documented and kept on file by the child-placing agency and include:

 

(1)  Dates;

 

(2)  Hours completed; and

 

(3)  Topics covered.

 

          (d)  Pre-adoptive training described in (a) above shall be optional when:

 

(1)  The adoptive parent applicant has already taken the training as a result of a previous adoption; or

 

(2)  The adoptive parent applicant is a relative per, RSA 170-B:2 XV of the child who has lived with the child for at least 6 months.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.14)

 

          He-C 6448.18  Services to Pre-Adoptive Parents and Children to be Adopted.

 

          (a)  Child-placing agency providing adoption services shall not accept a child for care with adoption as the permanent plan unless the child-placing agency:

 

(1)  Has first confirmed with the birth parent(s) that acceptance of the child for care is desired by both of them, and that it is in the child’s best interests;

 

(2)  Has a reasonable expectation that the child can be legally surrendered and released for adoption;

 

(3)  Has sufficient casework services to assist the parents surrendering the child in a decision regarding the future of the child, including full exploration of the alternatives available to all individuals; and

 

(4)  Establishes a clear understanding between the child- placing agency and the prospective adoptive parent of the temporary nature of the placement.

 

          (b)  The child-placing agency shall consider the following factors to ensure appropriate adoptive placements in which the adoptive parents are best able to meet the needs of the child:

 

(1)  The developmental and medical history of the child;

 

(2)  The mental and physical health history of the biological family;

 

(3)  The child’s religious practices;

 

(4)  Psychological, social, and cultural factors regarding the child and the family;

 

(5)  The legal custodial status of the child;

 

(6)  The ability of the child to accept adoption; and

 

(7)  Inter-relationships among the child, the biological family, and the adoptive family.

 

          (c)  The child-placing agency shall approve an adoptive family applicant if the completed application demonstrates that the applicant can provide care in compliance with the requirements of RSA 170-B and He-C 6448.

 

          (d)  The child-placing agency caseworker may perform announced or unannounced home visits with the adoptive family in the adoptive home.

 

          (e)  The following shall be required in preparation of the child for adoptive placement:

 

(1)  Except in accordance with (2) below, a child shall not be placed for adoption until all legal impediments have been removed; 

 

(2)  A child may be placed in a legal risk adoption home that has been approved for pre-adoptive placement when the child’s permanent plan is adoption but the child has not been surrendered for adoption or has not been the subject of a completed petition;

 

(3)  The child-placing agency shall formally advise pre-adoptive parents in writing of the nature and extent of any legal or medical risks;

 

(4)  A child shall not be placed in an adoptive home until the home has been approved by a licensed child-placing agency or the department;

 

(5)  All interstate placements shall be done in compliance with RSA 170-A;

 

(6)  The child-placing agency’s caseworker shall:

 

a.  Review all available information about the child and family prior to placement;

 

b.  Ensure that the placement is accomplished with a minimum of trauma to the child;

 

c.  Help the child understand the reasons for placement and prepare the child for the new environment as determined by the developmental stage of the child;

 

d.  Conduct pre-placement visits prior placing the child to the pre-adoptive home, except for infants or when placing under emergency conditions to ensure  the needs of the child and family are met;

 

e.  Arrange for a physical examination performed by a physician, physician’s assistant, or nurse practitioner for each child in care at the time of placement or within 30 days of placement, unless there is written documentation of a physical examination within the 12 months preceding placement; and

 

f.  Obtain and record, or update an existing,  developmental history for each child in care; and

 

(7)  The child-placing agency that has custody of the child or to whom a child is surrendered and released shall be responsible for carrying out the provisions of this section.

 

          (f)  Following placement of the child, the caseworker shall:

 

(1)  Contact the adoptive family, by phone or in person, within 3 weeks of placement;

 

(2)  Meet in person with the adoptive family and the child(ren) one month after placement and at least once every 2 months thereafter until the adoption is finalized or until at least 3 visits have been completed;

 

(3)  Conduct at least 2 of the home visits required in (2) above in the home of the adoptive family;

 

(4)  Submit post placement supervisory reports to the DCYF ICPC office for all interstate adoption placements as required in He-C 6448.10(e)(3); and

 

(5)  For foreign adoptions:

 

a.  Meet in person with the adoptive family and the child(ren) within one month of the placement;

 

b. Complete at least 3 post placement visits in total; and

 

c.  Make additional visits with the family and the child(ren) if required by the foreign country or the child placing agency responsible for the child. 

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.15)

 

     He-C 6448.19  Provision of Post-Adoption Services.

 

          (a)  Post-adoption services shall be provided to the adoptive families by the child-placing agency:

 

(1)  Upon request by the adoptive family; or

 

(2)  When required for the adoptive family by any referring domestic or international agency.

 

          (b)  Post-adoption services that support the adoptive family shall include, but not be limited to:

 

(1)  Individual, family, or group counseling;

 

(2)  Recreational activities;

 

(3)  Opportunities to meet other adoptive families; and

 

(4)  Searches for birth parents or other relatives.

 

          (c)  When the child-placing agency does not directly provide post-adoptive services as described in (b) above, the child-placing agency shall provide referral information to adoptive families for post-adoption services.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.16)

 

     He-C 6448.20  Renewal of License.

 

          (a)  At least 90 days prior to license expiration, DCYF shall forward an application packet to child-placing agency applicants meeting the requirements of He-C 6448.04 which includes the following:

 

(1)  Form 2611 “Application For Child-Placing Agency License” (October 2019); and

 

(2)  A copy of He-C 6448.

 

          (b)  In addition to complying with the requirements in He-C 6448.08(b) – (e), the child-placing agency shall submit only those attachments listed in He-C 6448.08(f) and (g) that were updated or revised by the child-placing agency since the last application submission. 

 

          (c)  The commissioner shall approve the child-placing agency for the renewal of a child-placing agency license when:

 

(1)  The child-placing agency applicant has complied with (a) and (b) above;

 

(2)  A review of the criminal and central registry records checks by DCYF staff find that no employee poses a known threat to any child;

 

(3)  The child-placing agency has demonstrated, through the documentation required by He-C 6448.08(e), that a present need for the services being offered exists; and

 

(4)  The documentation provided in accordance with He-C 6448.08(e) demonstrates that the child-placing agency has the ability to accommodate the present needs for services identified in (3) above.

 

          (c)  Upon approval as described in (b) above DCYF shall forward to the child-placing agency applicant a written certificate that includes:

 

(1)  The name and address of the child-placing agency;

 

(2)  The effective dates of the license;

 

(3)  The type of service programs the child-placing agency has received license approval for, including one or more of the following:

 

a.  International adoption;

 

b.  Domestic adoption;

 

c.  Adoption family assessments;

 

d.  Foster care family assessments; or

 

e.   Foster care,

 

(4)  Type of child placement;

 

(5)  Number of the license as issued by the department; and

 

(6)  The signature of the director of DCYF.

 

          (d)  The child-placing agency license shall be valid for 4 years.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.18)

 

          He-C 6448.21  Annual Monitoring and Reporting.

 

          (a)  A completed form 2648 “Child-Placing Agency Annual Report” (October 2019) shall be submitted by a licensed child-placing agency to DCYF one year from the date of the initial issuance of the child-placing agency license and at the anniversary date for every year the child-placing agency continues to be licensed. 

 

(b) Form 2648 “Child-Placing Agency Annual Report” (October 2019) shall be available on https://www.dhhs.nh.gov/dcyf/adoption/index.htm for downloading.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.19)

 

          He-C 6448.22  Notice of Changes in Child-Placing Agency License Status.

 

          (a)  The child-placing agency shall notify DCYF in writing at least 90 days prior to a planned change that affects its service to children or families.

 

          (b)  Changes shall include, but not be limited to:

 

(1)  A change of ownership or sponsorship of the child-placing agency;

 

(2)  A change in the name or location of the child-placing agency;

 

(3)  A change in the administrator or casework supervisor; and

 

(4)  A change in the services provided to children and families or in the population served.

 

          (c)  When an unplanned change occurs, the child-placing agency shall provide written notification to DCYF no more than 30 days after its occurrence.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.21)

 

          He-C 6448.23  Professional Courtesy.  A child-placing agency may request use of an appropriate and available licensed foster family home of another licensed child-placing agency as needed for a specific child or children.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.22)

 

          He-C 6448.24  Applications by Employees of Child-Placing Agency to Adopt or Obtain a Foster Family Home License.  Persons employed by a child-placing agency who wish to adopt or obtain a foster family home license shall:

 

          (a)  Apply, pursuant to He-C 6446.03- He-C 6446.12, to a licensed child-placing agency other than the one where they are employed; and

 

          (b)  Receive services from a child-placing agency other than where they are employed.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.23)

 

          He-C 6448.25  Orders to Comply.

 

          (a)  The department shall issue a written order to comply if the child-placing agency violates the requirements in He-C 6448 and the violation is not related to the health, safety, or well-being of the child in care.

 

          (b)  The written order to comply shall:

 

(1)  Specify the requirements of He-C 6448 alleged to have been violated by the child-placing agency;

 

(2)  Advise that the child-placing agency has 60 days from the date of the order to comply to correct the violation(s); and

 

(3)  Specify the action the department will take with regard to the license if the child-placing agency fails to correct the alleged violations specified in the order to comply.

 

          (c)  Following receipt of the order to comply, the child-placing agency shall jointly with the department develop a corrective action plan to correct the violations(s).

 

          (d)  The child-placing agency shall not accept any additional children in care, children for respite care, or children in a pre-adoptive placement:

 

(1)  Prior to the development of a corrective action plan;

 

(2)  After receiving an order to comply as specified in (c) above; or

 

(3)  During an ongoing investigation of alleged child abuse or neglect.

 

          (e)  The department shall revoke the license or permit of the child-placing agency if the alleged violations specified in the order to comply are not corrected within 14 calendar days of the date of the order to comply following notice and an opportunity for a hearing as provided in He-C 200 and RSA 170-E:36.

 

          (f)  If the violations specified in the written notice present a risk to the health or safety of any child in care, the department shall immediately, with any court approval required by law, remove the child in care from the foster home or pre-adopt home without issuing an order to comply.

 

          (g)  If a report of child abuse or neglect has been founded against a foster or pre-adopt parent while the child was placed with the family, the department shall revoke a permit or license without issuing an order to comply, if the department’s investigation finds that the child-placing agency:

 

(1)  Had knowledge of the allegation and did not report it to the department in accordance with RSA 169-C;

 

(2)  Did not take appropriate action to protect the health or safety of the child in care;

 

(3)  Interferes or is uncooperative with the investigation; or

 

(4)  Has violated the standards set forth in law or rule.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.24)

 

          He-C 6448.26  Denials and Revocations.

 

          (a)  In addition to the reasons for denial specified in RSA 170-E:35, the department shall deny an application for a child-placing agency license if the child-placing agency applicant:

 

(1)  Does not fully comply with the child-placing agency licensing requirements in He-C 6448;

 

(2)  Furnishes false information, makes false or misleading statements, or omits information in statements or submissions to the department when such actions impact credibility of the child-placing agency and safety of the children in care;

 

(3)  Had a child-placing agency license revoked;

 

(4)  From the information provided pursuant to He-C 6448 presents a set of qualifications which, when taken as a whole, does not affirmatively show a commitment to the purposes of child-placing agency;

 

(5)  Violates the provisions of the license;

 

(6)  Refuses to submit or make available the written reports required for licensing or re-licensing in accordance with He-C 6448.06, He-C 6448.07, He-C 6448.20, and He-C 6448.21;

 

(7)  Refuses or does not submit to a child abuse and neglect report investigation;

 

(8)  Refuses or does not admit authorized personnel for the purpose of a complaint investigation;

 

(9)  Does not work cooperatively with DCYF and acts in a manner which endangers the health, safety and welfare of the child; or

 

(10) Has unresolved, substantiated, written complaints from consumers or others regarding inadequate provision of service.

 

          (b)  When the department revokes, denies, or refuses to renew a license to operate a child-placing agency the department shall, pursuant to RSA 170-E:36, I, send to the applicant, or licensee, by registered mail, a notice which sets forth the reasons for the determination.

 

          (c)  Pursuant to RSA 170-E:36, I, the denial or revocation shall become final 10 days after receipt of the notice unless the applicant or licensee requests a hearing pursuant to He-C 6448.28.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.25)

 

          He-C 6448.27  Waivers.

 

          (a)  To obtain a waiver a child-placing agency applicant or licensed child-placing agency shall submit a written request to the department.

 

          (b)  Waiver requests shall include:

 

(1)  The specific rule for which a waiver is requested;

 

(2)  The anticipated length of time the waiver will be needed;

 

(3)  The reason for requesting the waiver;

 

(4)  How the waiver will affect the client services provided;

 

(5)  A written plan detailing how the alternative will satisfy the objective and intent of the rule by maintaining the provision of services and quality of care without negatively impacting the health or safety of the individual(s); and

 

(6)  The signature of the person requesting the waiver.

 

          (c)  The department shall not accept any request for a waiver of any of the provisions of RSA 170-E, any other statute referred to in this part, or rules of any other state agency.

 

          (d)  A request for a waiver shall be granted after the commissioner determines that the alternative proposed by the applicant or licensee meets the objective or intent of the rule, and:

 

(1)  Does not negatively impact the health, safety, and welfare of the child in placement; or

 

(2)  Is administrative in nature and does not effect the quality of care.

 

          (e)  The department shall deny a waiver when any of the following occurs:

 

(1)  The request does not comply with (a)-(c) above;

 

(2)  The department finds that approval of the requested waiver will jeopardize the health or provision of quality services to children and families; and

 

(3)  The department finds that the compliance plan does not satisfy the intent of He-C 6448.

 

          (f)  DCYF shall make recommendations for waivers to He-C 6448 to the commissioner or designee.

 

(g)  All waivers shall be reviewed, pursuant to this section upon a child-placing agency’s renewal according to He-C 6448.20.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.26)

 

          He-C 6448.28  Appeals.

 

          (a)  Pursuant to RSA 170-E:36, II, any applicant or licensee aggrieved by a decision of the department to revoke, deny, or refuse to renew a license request may appeal to the commissioner through the hearing process established by He-C 200.

 

          (b)  Pursuant to RSA 170-E:36, IV, rehearings, and appeals from a decision of the hearings officer shall be in accordance with He-C 200.

 

          (c)  Pursuant to RSA 170-E:37, any person aggrieved by a decision rendered after a hearing held or an appeal brought under RSA 170-E:36, IV, may appeal the decision to the superior court.

 

Source.  #7866, eff 4-2-03; ss by #9895, eff 4-2-11, EXPIRED: 4-2-19

 

New.  #12767, INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.27)

 

PART He-C 6449 - RESERVED

 

PART He-C 6450  EXPERIENTIAL/WILDERNESS FACILITY LICENSING REQUIREMENTS - EXPIRED

 

Statutory Authority:  170-E:34, I(a)

 

          He-C 6450.01 - 6450.25

 

Source.  #7569, eff 10-1-01, EXPIRED: 10-1-09


APPENDIX A: Incorporation by Reference Information

 

Rule

Title

Publisher; How to Obtain; and Cost

He-C 6446.04(g)(4), .16(c), .29(c)(5), .29(d)(10)

Foster Child Bill of Rights (1983)

Publisher: National Foster Parent Association, 1202 Westrac Drive, Suite 400, Fargo, ND 58103
Phone: 800-557-5238
Fax: 888-925-5634
Email: Info@NFPAonline.org

Available free of charge at: http://nfpaonline.org/page-1105707

He-C 6446.14 (h)

“National Model Foster Family Home Licensing Standards” (February 2019)

Publisher: U.S. Department of Health and Human Services, Administration on Children, Youth and Families

Cost: Free to the public

The incorporated document is available:

https://www.acf.hhs.gov/sites/default/files/cb/im1901.pdf

 

 

 

APPENDIX B

 

Foster Child Bill of Rights

 

Ratified in Congress Hall, Philadelphia

Saturday, the Twenty-eighth of April, Nineteen Hundred and Seventy Three

 

Reaffirmed during the National Focus on Foster Care Conference, Norfolk Virginia

Wednesday, the Fourth of July, Nineteen Hundred and Eighty Three

 

Even more than for other children, society has a responsibility, along with parents, for the well-being of children in foster care.  Citizens are responsible for acting to insure their welfare.

 

Every child in foster care is endowed with the rights inherently belonging to all children.  In addition, because of the temporary or permanent separation from, and loss of, parents and other family members, the child requires special safeguards, resources, and care.

 

 

EVERY CHILD IN FOSTER CARE HAS THE INHERENT RIGHT:

 

Article the first ....... to be cherished by a family of his own, either his family helped by readily available services and supports to resume his care, or an adoptive family or, by plan, a continuing foster family.

 

Article the second ....... to be nurtured by foster parents who have been selected to meet his individual needs, and who are provided services and supports, including specialized education, so that they can grow in their ability to enable the child to meet his potentiality.

 

Article the third ....... to receive sensitive, continuing help in understanding and accepting the reasons for his own family's inability to take care of him, and in developing confidence in his own self-worth.

 

Article the fourth ....... to receive continuing loving care and respect as a unique human being...a child growing in trust in himself and others.

 

Article the fifth ....... to grow up in freedom and dignity in a neighborhood of people who accept him with understanding, respect and friendship;

 

Article the sixth ....... to receive help in overcoming deprivation or whatever distortion in his emotional, physical, intellectual, social and spiritual growth may have resulted from his early experiences.

 

Article the seventh ....... to receive education, training, and career guidance to prepare him for a useful and satisfying life.

 

Article the eighth ....... to receive preparation for citizenship and parenthood through interaction with foster parents and other adults who are consistent role models.

 

Article the ninth ....... to be represented by an attorney-at-law in administrative or judicial proceedings with access to fair hearings and court review of decisions, so that his best interests are safeguarded. 

 

Article the tenth ....... to receive a high quality of child welfare services, including involvement of the natural parents and his own involvement in major decisions that affect his life.


 

APPENDIX C

 

RULE

STATUTE

 

 

He-C 6420.01

RSA 170:E; RSA 170-G:4; 42 CFR 435.1009

He-C 6420.02

RSA 170-G:4,III; RSA 170-E:25, II & VIII; 42 CFR 440:130; 42 CFR 434.2, 434.12

He-C 6420.03

RSA 169-B

He-C 6420.04

42 CFR 440.130; RSA170-G:4

He-C 6420.05

RSA 170-E:25-49; RSA 329; RSA 326-B:1; RSA 329-B

He-C 6420.06

42 CFR 440.50, 110, and 130; 42 CFR 441.50 & Part 441, subpart B

He-C 6420.07

RSA 170-E; RSA 170-G:4; 42 CFR 435.1009

He-C 6420.08

RSA 170-G:4, VIII; 42 CFR 435.1009

He-C 6420.09

RSA 170-E; RSA 170-G:4

He-C 6420.10

RSA 151

He-C 6422.01

He-C 6422.24

RSA 170-G:4, XVII, “to establish rates for [residential placements] which are paid for by the department pursuant to RSA 169-B:40, 169-C:27, [and] 169-D:29”

He-C 6423

RSA 170-E:34, I(f)

He-C 6429.01

RSA 132-A:5

He-C 6429.02

RSA 132-A:1

He-C 6429.03

RSA 132-A:2

He-C 6429.04 – 6429.05

RSA 132-A:3

He-C 6429.06

RSA 132-A:5

He-C 6430.01

RSA 169-C:3-a, I; RSA 169-C:35

He-C 6430.02

RSA 169-C:3-a, I; RSA 169-C:35, II; RSA 170-G:8-a

He-C 6430.03

RSA 169-C:3; RSA 169-C:3-a, I; RSA 169-C:35, II

He-C 6430.04

RSA 169-C:3-a, I; RSA 169-C:28; RSA 169-C:35; RSA 170-G:8-a; RSA 541-A:30-a; RSA 541-A:31

He-C 6430.05

RSA 169-C:3-a, I; RSA 169-C:35; RSA 170-G:8-a, I(c)

He-C 6430.06

RSA 169-C:3-a, I; RSA 169-C:34, II(ii); RSA 169-C:35-a, III; RSA 170-B:18, VI; RSA 170-E:3-a;  RSA 170-E:7, II(a); RSA 170-E:29; RSA 170-G:8-a; RSA 170-G:8-c; RSA 463:5, IV(b)

He-C 6430.07

RSA 169-C:3-a, I; RSA 169-C:35, IV; RSA 170-G:8-a

He-C 6430.08

RSA 169-C:3-a, I; RSA 169-C:35; RSA 170-G:8-a, I(c)

He-C 6438.01

RSA 170-F:1, RSA 170-F:4 and RSA 170-F:5

He-C 6438.02

RSA 170-F:2 and RSA 170-F:3

He-C 6438.03

RSA170-F: 2 and RSA 170-F:3, I

He-C 6438.04

RSA 170-F:3, III and RSA 170-170-F:7

He-C 6438.05

RSA 170-F:5 and RSA 170-F:3, III

He-C 6438.06

RSA 170-F:7

He-C 6438.07

RSA 170-F:3, III, RSA 170-F:7 and RSA 170-F:8

He-C 6438.08

RSA 170-F:4

He-C 6438.09 – 6438.11

RSA 170-F:9

He-C 6438.12

RSA 170-F:7 and RSA 170-F: 9

He-C 6438.13

RSA 170-F:3, I; 170-F:5

He-C 6438.14

RSA 170-F:8

He-C 6438.15

42 USC, 1397 et seq.

He-C 6438.16

42 USC, 620 et seq.

He-C 6438.17

RSA 169-C:27, VIII, RSA 169-B:40, VIII & RSA 169-D: 29, VIII

He-C 6438.18

RSA 170-F:9; RSA 541-A:30

He-C 6446.01

RSA 170-E:24

He-C 6446.02

RSA 170-E:24

He-C 6446.03

RSA 170-E:24 and 170-E:25

He-C 6446.04

170-E:25, XI; RSA 170-E:27; RSA 170-E:28; RSA 170-E:29; RSA 170-E:34; RSA 170-G:20; RSA 170-G:21

He-C 6446.05

170-E:25, XII; RSA 170-E:27; RSA 170-E:28; RSA 170-E:29; RSA 170-E:31, V; RSA 170-E:34

He-C 6446.06

RSA 170-E:31; RSA 170-E:34, I

He-C 6446.07 - 6446.08

RSA 170-E:29; RSA 170-E:34, I

He-C 6446.09

RSA 170-E:28; RSA 170-E:34, I (a)(1)

He-C 6446.10 - 6446.11

RSA 170-E:31, IV

He-C 6446.12

RSA 170-E:34, I(a)(2) and RSA 170-E:34, II

He-C 6446.13 - 6446.14

RSA 170-E:25, XI and XII; RSA 170-E:34

He-C 6446.15

RSA 170-E:32; RSA 170-G:20; RSA 170-G:21

He-C 6446.16

RSA 170-E:34, I(a)(5); RSA 170-G:20

He-C 6446.17

RSA 170-E:34, I

He-C 6446.18 - 6446.19

RSA 170-E:34, I(a)(5); RSA 170-G:20

He-C 6446.20

RSA 170-E:34, I(a)

He-C 6446.21

RSA 170-E:34, I(a)(10)

He-C 6446.22

RSA 170-E:34, I(a)(9)

He-C 6446.23

RSA 126-U; 170-E:34, I; RSA 170-G:20; RSA 170-G:21

He-C 6446.24

RSA 170-E:34, I(a)(7)-(7-a) and (a)(13); RSA 170-E:42

He-C 6446.25

RSA 170-E:34, I(a); RSA 126-U:10

He-C 6446.26

RSA 170-E:34, I(e); RSA 170-E:35

He-C 6446.27

RSA 170-E:31; RSA 170-E:34; RSA 541-A:22, IV

He-C 6446.28

RSA 170-E:35; RSA 170-E:36; RSA 170-G:20; RSA 170-G:21

He-C 6446.29

RSA 170-E:34, I(d); RSA 170-E:36; RSA 170-E:37

He-C 6448.01

RSA 170-E

He-C 6448.02

RSA 170-E

He-C 6448.03

RSA 170-E:25 and RSA 541-A:7

He-C 6448.04

RSA 170-E:28, 29, 34, I(a) and (b); RSA 170-G:20 and 21

He-C 6448.05

RSA 170-E:30

He-C 6448.06

RSA 170-E:42

He-C 6448.07

RSA 170-E:29

He-C 6448.08

RSA 170-E:28 and 29

He-C 6448.09

RSA 170-E:27, 31

He-C 6448.10

RSA 170-E:27, 28, 32 and 34, I(a) and (b)

He-C 6448.11

RSA 170-E:27, 28, 29 and 34 I (a) and (b)

He-C 6448.12- 6448.15

RSA 170-E:34, I(a) and (b)

He-C 6448.16

RSA 170-E:29

He-C 6448.17- 6448.19

RSA 170-E:34, I(a) and (b)

He-C 6448.20

RSA 170-E:32

He-C 6448.21

RSA 170-E:31, and 44 and RSA 170 A:1

He-C 6448.22

RSA 170-E:25 and 31

He-C 6448.23- 6448.24

RSA 170-E:34, I(a) and (b)

He-C 6448.25

RSA 170-E:35 and 36

He-C 6448.26

RSA 170-E:35

He-C 6448.27

RSA 170-E:26 and 31

He-C 6448.28

RSA 170-E:36 and 37