CHAPTER He-C 6900
CHILD CARE PROGRAM
PARTS He-C 6901 through He-C 6909 - RESERVED
PART He-C 6910
EMPLOYMENT RELATED NH CHILD CARE SCHOLARSHIP PROGRAM ELIGIBILITY
Statutory Authority:
RSA 161:2, XII; RSA167:83, I(b); and RSA 167:83, II(o)
REVISION NOTE:
Document #9474, effective 6-29-09,
readopted with amendments He-C 6910, making extensive changes to the wording,
numbering and format of rules in the former Part He-C 6910 on
employment-related child care that addressed the child care assistance program. Document #9474 replaces all prior filings
affecting He-C 6910 that addressed the child care assistance program, now
called the child care scholarship program.
The filings prior to Document #9474
for former Part He-C 6910 included the following documents:
#7357, eff 9-1-00
#7723, eff 7-1-02
#7939, eff 8-23-03
#8377, eff 6-21-05
#9209, INTERIM, eff 7-19-08,
EXPIRED 1-15-09
#9363, eff 1-17-09
#9435, eff 3-21-09
He-C 6910.01 Purpose. The purpose of this part is for the
department of health and human services (DHHS), through the division of
economic and housing stability (DEHS) to:
(a) Establish
the eligibility criteria for 12-month employment related child care scholarship
program which enables families to prepare for, secure, or maintain employment,
and to support healthy child development for those families who meet and
continue to meet the program requirements of He-C 6910; and
(b) Establish
the payment amounts for an employment related child care scholarship.
Source. #7357, eff 9-1-00; ss by #7723, eff 7-1-02;
(See Revision Note at part heading for He-C 6910) #9474, eff
6-29-09; ss by #10120, eff 5-7-12; ss by #12221, eff 7-10-17; ss by #13063, eff
7-1-20
He-C 6910.02 Scope.
(a) This part
shall apply to families who require child care scholarship and who are either
receiving financial assistance from DHHS under the financial assistance to
needy families (TANF) program as described in He-W 602.02(a), or whose income
is at or below 220% of the federal poverty guidelines, Tier 1, and greater than
220% and less than or equal to 250% of the federal poverty guidelines, Tier 2,
as long as a family meets the requirement described in He-C 6910.06(b).
(b) The
scholarship payments established pursuant to He-C 6910 shall be contingent upon
the availability and continued appropriation of sufficient funds for this
purpose, and in no event shall DHHS be liable for any payments hereunder in
excess of such available appropriated funds.
Source. #7357, eff 9-1-00; ss by #7723, eff 7-1-02;
(See Revision Note at part heading for He-C 6910) #9474, eff
6-29-09;
ss by #10120, eff 5-7-12; ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20
He-C 6910.03 Definitions.
(a) “Applicant”
means a parent, legal guardian, or caretaker relative of the child(ren) who
applies for child care scholarship.
(b) “Assistance
group” means the individuals who are residing in the same household whose needs
and income are considered and combined together when determining eligibility
and the amount of assistance for child care.
(c) “Authorized
representative” means the person(s) who is designated or authorized by a child
care provider to act on behalf of that provider in matters related to billing
DHHS for child care services provided and is not the parent of a child in the
provider’s care who is receiving child care scholarship.
(d) “Authorized
service level” means full time, half time, or part time service level based on
the number of hours of child care per week required for an approved employment
related activity, plus commute time pursuant to
in He-C 6910.07(f).
(e) “Caretaker relative” means a specified relative as
defined in RSA 167:78, III, namely, “a specified relative, other than a parent,
who provides care and parental control to a dependent child.”
(f) “Child
care” means the act of providing supervision, food, activity, and rest for a
child for any portion of a 24-hour day, in order to promote healthy child
development.
(g) “Child care
scholarship” means payment to a child care provider of child care services on
behalf of a family who meets the eligibility criteria of He-C 6910.
(h) “Child
experiencing a disability or significant special need(s)” means a child through
the age of 17 who has a verified medical, physical, developmental, educational,
or emotional disability or significant special need pursuant to He-C 6910.09(j)
requiring additional funds for accommodation or classroom adaptation in the
child care setting.
(i) “Children
experiencing homelessness” means children who lack a fixed, regular, and
adequate nighttime residence as defined in the McKinney-Vento Act which
includes:
(1) Children
who:
a. Are sharing
the housing of other persons due to loss of housing, economic hardship, or a
similar reason;
b. Are living
in motels, hotels, trailer parks, or camping grounds due to the lack of
alternative adequate accommodations;
c. Are living
in emergency or transitional shelters; or
d. Are
abandoned in hospitals;
(2) Children
who have a primary nighttime residence that is a public or private place not
designed for or ordinarily used as a regular sleeping accommodation for human
beings;
(3) Children
who are living in cars, parks, public spaces, abandoned buildings, substandard
housing, bus or train stations, or similar settings; or
(4) Migratory
children as such term is defined in section 1309 of the Elementary and
Secondary Education Act of 1995 who qualify as homeless for the purposes of
this subtitle because the children are living in circumstances described in
(1)-(3) above.
(j) “Commute
time” means for employment related child care one hour per day in a week,
during which the parent(s) travels for active participation to and from an
employment related activity.
(k) “Continued assistance” means a period up to 92
calendar days to allow a parent to engage in an approved activity.
(l) “Cost
share” means a DHHS-determined portion of the standard rate charged as a fee to
parents for child care services provided based on family size and income
pursuant to He-C 6910.18.
(m)
“Department” (DHHS) means the department of health and human services
for the State of New Hampshire.
(n) “District
office (DO)” means one of the New Hampshire regional offices where families can
apply for child care scholarship provided by DHHS.
(o)
“Eligibility period” means the time for which a family is determined
eligible to receive child care scholarship.
(p) “Employment
related activities” means participation in an approved activity that is
designed to assist parents to enter, re-enter, or remain in the workforce as
described in He-C 6910.07(f).
(q) “Enrolled
child care provider” means a child care provider who has met the qualifications
and requirements found in He-C 6914 and is authorized to receive payment from
DHHS for child care services provided.
The term includes the definition of “registered provider” as used in RSA
170-E:6-a.
(r) “Expedited
child care” means a rapid eligibility determination for child care scholarship
utilizing a child care provider currently enrolled with DHHS for any applicant
who meets the definition of homelessness in section 725(2) of the
McKinney-Vento Homeless Assistance Act, (“McKinney-Vento Act”) 42 USC 11434a(2)
(2011).
(s) “Family” means
a child(ren) and an adult(s) who reside in the same household and who have a
birth, foster, step, adoptive, legal guardianship, or caretaker relative
relationship.
(t) “Family assistance program recipient” means an
individual receiving financial assistance for families with dependent children.
(u)
“Family cap amount” means a DHHS
determined portion of the standard rate charged as a fee to parents for child
care services provided based on family size and income which is determined at
initial eligibility or at redetermination pursuant to He-C 6910.18.
(v) “Federal poverty guidelines (FPG)” means
poverty guidelines, published in the Federal Register at least annually by the
secretary of the United States Department of Health and Human Services, which
are used as an eligibility criterion for community services block grant
programs.
(w) “Foster
parent” means an individual who has a license or permit for foster family care,
pursuant to He-C 6446.
(x) “Fraud”
means “fraud” as defined in RSA 167:58, IV.
(y) “Full time”
means greater than 30 hours of child care per week.
(z) “Graduated
phase out” means a 12-month eligibility period for child care scholarship when
the assistance group’s income exceeds 220% and is less than or equal to 250% of
the federal poverty guidelines (FPG) at redetermination.
(aa) “Half
time” means greater than 15 and equal to or less than 30 hours of child care
per week.
(ab) “Job
search” means a 92-calendar day period:
(1) Granted at
initial eligibility, during which a parent is actively seeking employment; or
(2) Granted
during a 12-month eligibility period when a parent’s approved activity
terminates,
which allows a parent the opportunity to engage or
reengage in an approved activity.
(ac) “Legal
guardian” means an individual who is given legal authority by a court and
charged with the duty to provide care, custody, and supervision of the
child(ren).
(ad) “Licensed”
means the child care provider has been issued a child care license to operate
by the commissioner of DHHS, in accordance with RSA 170-E or has been issued a
license to legally operate as a child care provider in accordance with the
child care licensing requirements of a state neighboring New Hampshire.
(ae)
“License-exempt” means a child care provider
is not required to be licensed, in accordance with RSA 170-E:3, I (a), (b),
(c), (f), (g), and (h), or is not required to be licensed but can legally
operate as a child care provider in accordance with the regulations of a state
neighboring New Hampshire.
(af)
“McKinney-Vento Act (McKinney-Vento Act)” means the McKinney-Vento
Homeless Assistance Act, 42 USC 11301 (1987).
(ag) “Medical
leave” means an illness, injury, or medical condition which temporarily
prohibits the eligible parent from participating in employment, training,
educational program, mental health treatment program, or substance misuse
treatment program. This term includes caring for the other parent of the common
child living in the household or another child living in the household.
(ah) “Monthly
gross income” means total monthly monies received before taxes and other
deductions are applied.
(ai) “NHEP
participant” means an individual who is enrolled in the NHEP work program and
is receiving TANF financial assistance.
(aj) “New Hampshire
employment program (NHEP)” means the program administered by DHHS in accordance
with RSA 167:78 through RSA 167:92.
(ak)
“Notification” means a written or printed document that advises:
(1) Families
of:
a. The results
of eligibility determinations; and
b. Other
changes in child care scholarship; or
(2) Providers
of:
a. Changes to a
family’s child care scholarship, as applicable;
b. The
maintenance of the provider’s enrollment status; and
c. Other
information related to the provider’s compliance with these rules.
(al) “Parent”
means an individual who has a birth, adoptive, or step-parent relationship to
the child(ren), a foster parent as defined in (x) above, a legal guardian as
defined in (ad) above, or a caretaker relative as defined in (e) above.
(am) “Parent
with a disability” means a parent who is unable to participate in employment
related activities or unable to care for and supervise his or her child(ren)
because of a verified physical or mental condition, disease, or a combination
of these conditions.
(an) “Part
time” means one to 15 hours of child care per week.
(ao) “Provider”
means an individual or a public or private organization supplying child care
services to a family and requesting enrollment for financial reimbursement from
DHHS.
(ap)
“Recipient” means a member of a family, who meets eligibility
requirements for child care scholarship from DHHS pursuant to He-C 6910.
(aq)
“Redetermination” means a scheduled review of a parent’s eligibility for
child care scholarship, and includes verification of all aspects of
eligibility.
(ar)
“Satisfactory progress” means meeting the minimum standards set by an
organization or agency, or an educational or training facility, which measures
a person’s:
(1) Proficiency
level in an activity; and
(2) Ability to
complete the activity in a timely manner.
(as)
“Self-employed” means an individual who is employed or directly engaged
in an income producing trade or business for the purpose of generating income
with repetition and continuity of operation as one’s occupation including, but
not limited to, sales, services, home construction, lawn and landscaping
services, hair styling, and other personal services.
(at) “Standard
rate” means a DHHS determined rate used to calculate child care scholarship and
cost share amount.
(au) “Temporary
assistance to needy families (TANF)” means the financial and medical assistance
provided under the New Hampshire employment program (NHEP), family assistance
program (FAP), families with older children (FWOC) program, and the interim
disabled parent (IDP) program.
(av)
“Termination” means the discontinuance of child care scholarship
received by an assistance group when the conditions of eligibility for receipt
of the assistance are no longer met.
(aw) “Tier 1”
means the initial threshold for child care scholarship where the assistance
group’s gross income is less than or equal to 220% of FPG.
(ax) “Tier 2”
means the threshold for child care
scholarship where the assistance group’s gross income is greater than 220% and
less than or equal to 250% of FPG at redetermination, resulting in a 12-month
graduated phase out period.
(ay) “Wait
list” means a prioritized list of children eligible for child care scholarship
who are waiting for funding to become available to receive child care
scholarship.
Source. #7357, eff 9-1-00; amd by #7484, eff 4-28-01;
ss and moved by #7723, eff 7-1-02 (from He-C 6910.02); amd by #8377, eff
6-21-05; (See Revision Note at part heading for
He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10565, eff
4-4-14; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17; ss by
#13063, eff 7-1-20
He-C 6910.04 Application
for Child Care Scholarship.
(a) All
applicants requesting child care scholarship shall submit to the district
office an application for assistance, signed and dated on paper, via telephone
or electronically in accordance with He-W 600.
(b) At a
minimum, the applicant shall provide the following information within 30 days
of the date of application:
(1) For each
member of the assistance group:
a. His or her
full name, including maiden name, if applicable, and any other names used
previously;
b. His or her
social security number if the applicant chooses to provide it;
c. His or her
current address;
d. A
description of the current household composition, such as whether the family
lives independently, or with a relative(s) or others, is homeless, or if the
child(ren) living with him or her is a foster child;
e. The
telephone number(s) at which he or she can be reached;
f. The reason
for requesting assistance at the time the application is made; and
g. The total
amount of gross income from all sources, or net income if self-employed as
described in He-C 6910.06; and
(2) The date
and place of birth of each child in the assistance group for which the
applicant is requesting child care
scholarship.
(c) The
applicant shall participate in the verification and interview process
prescribed in He-W 636.
(d) The
applicant shall indicate at the time of application the current child care
arrangements, if any, including:
(1) The name of
the provider;
(2) The cost of
child care; and
(3) Whether the
provider is licensed or license-exempt.
(e) The
application for child care scholarship shall be signed, dated, and submitted in
accordance with He-W 600.
Source. #7357, eff 9-1-00; ss and moved by #7723, eff
7-1-02 (from He-C 6910.03); (See Revision Note at part heading
for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10917, eff
9-1-15; ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20
He-C 6910.05 Application
for Expedited Child Care.
(a) An
applicant experiencing homelessness as defined in the McKinney-Vento Homeless
Assistance Act, section 725(2) of 42 USC 11434a(2) (2011) shall be authorized
to receive expedited child care scholarship within 7 calendar days of the
application date if the applicant:
(1) Provides
the district office with an application including the parent’s full legal name,
address, or means of contact, and the parent’s signature;
(2) Identifies a child care provider that is
currently enrolled with the DHHS child care scholarship program;
(3) Has not
previously had expedited child care terminated due to failure to provide
required verification or has since provided verification and been determined
eligible; and
(4) Is in an
employment related activity.
(b) Expedited
child care shall also be available to an applicant who meets (a)(1)-(4) above
and is seeking housing in the same week.
Source. #12221, eff 7-10-17; ss by #13063, eff 7-1-20
He-C 6910.06 Financial
Eligibility Requirements.
(a) To be
financially eligible for child care scholarship, a family shall meet at least
one of the requirements set forth in in (1)–(4) below:
(1) Be
receiving TANF financial assistance from DHHS, whether participating in NHEP or
exempt from participation in NHEP in accordance with He-W 637.04;
(2) Be
receiving TANF-related medical assistance as described in RSA 167:82, VI;
(3) Have
applied for TANF financial assistance but not yet been approved and the
applicant is participating in NHEP; or
(4) Meet the
gross income limit described in (b) below.
(b) Families
shall be determined income eligible for child care at application if their
monthly gross income for the appropriate family size does not exceed 220% Tier
1, of the “Poverty Income Guidelines for All States (except Alaska and Hawaii)
and the District of Columbia.”
(c) All sources
of gross income shall be counted when determining financial eligibility and
family cost share for child care, except those specified below:
(1) The income
of any grandparent, when 3 generations are living in one household;
(2) Child
foster care payments;
(3) Adoption
subsidies;
(4) Any
educational assistance, student loans, or scholarships used to cover educational
expenses, such as tuition and mandatory fees, books, and school related travel;
(5) The income
of a caretaker relative or a legal guardian and his or her spouse, unless the
caretaker relative or legal guardian is also applying for child care assistance
for his or her own child(ren), in which case his or her income and the income
of his or her spouse shall count in the determination of eligibility for all of
the child(ren);
(6) Money
received from AmeriCorps Volunteers in Service to America (VISTA); and
(7) Earned
income from a dependent child(ren), as defined in He-W 601.03(e), who is a
full-time student attending primary or secondary school or equivalent pursuant
to RSA 167:80, IV(b).
(d) For
self-employment, countable income to determine eligibility shall be the net
monthly income from sales, services, or other business activities, after
deducting business expenses.
(e) Monthly
gross income shall be determined in accordance with He-W 744.01 or He-W 744.03.
(f) Resources,
as defined in He-W 601.07(f) including both personal and real property shall
not be counted when determining financial eligibility and family cost share for
child care scholarship unless the total countable resources exceed one million
dollars in assets.
(g) Fluctuating
income shall be identified and calculated as:
(1) Earned
income that is averaged when it varies from month to month such as when an individual works varying
hours, overtime, or on a piece work basis;
(2) Unearned
income that is averaged when it varies from month to month such as child
support, alimony, disability payments, or other sources of unearned income due
to changes in the frequency or amount of receipt; or
(3) Earned
income that is annualized when:
a. The parent
indicates that the current income does not reflect the total assistance group’s
income of the next 12-month period;
b. The
assistance group’s income varies from season to season, such as when an
individual works different employment in the winter months compared with the
summer months; or
c. The parent
is self-employed.
(h) Countable
income, pursuant to He-C 6910.06(e), shall be determined at the initial
application and converted to a monthly amount by:
(1) Averaging
income using 4 current consecutive weeks pursuant to He-W 744.03(e);
(2) Annualizing the earned income of the previous
12-month period when such income represents a best estimate of future income;
or
(3) Annualizing
the projected earnings of the applicant of the next 12-month period as verified
according to He-C 6910.09(g).
(i) Income that
is annualized at initial application shall determine the family cap amount and
shall not be recalculated during the 12-month eligibility period except when
the applicant experiences a permanent job loss.
Source. #7357, eff 9-1-00; ss and moved by #7723, eff
7-1-02 (from He-C 6910.04); amd by #7939, eff 8-23-03; amd by #8377, eff
6-21-05; (See Revision Note at part heading for He-C 6910) #9474,
eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10917, eff 9-1-15; ss by #12221,
eff 7-10-17 (from He-C 6910.05); ss by #13063, eff 7-1-20
He-C 6910.07 Non-Financial
Eligibility Requirements.
(a) To be
eligible for child care scholarship, the child shall be a member of the
assistance group for which the applicant is seeking child care scholarship.
(b) Each child
for whom child care scholarship is requested shall be:
(1) A resident
of the state of New Hampshire, except for children of migrant workers who qualify as
homeless because they are living in circumstances described in He-C
6910.03(ag);
(2) A United
States (US) citizen or a non-citizen who meets the criteria for non-citizenship
as described in He-C 6910.09(c)(2);
(3) Less than
13 years of age, except when the child meets the criteria described in (d)
below; and
(4) Linked to
only one enrolled provider.
(c) A child who
turns 13 years of age shall remain eligible until the next redetermination.
(d) A child shall not be eligible for child care
scholarship when the child turns 13 years of age within 30 calendar days of the
child care application date.
(e) A child
aged 13 or over shall not be eligible for child care scholarship, except when
the child, through the age of 17, is a child experiencing verified disability
or significant special needs whose condition limits the child’s ability to care
for himself or herself, or he or she would cause harm to himself or herself or
others without supervision as verified in accordance with He-C 6910.09(j)(3).
(f) Each
applicant requesting child care scholarship shall be engaged in one or more of
the following:
(1) Employment
where an applicant shall be receiving any form of earned income or in-kind
compensation for his or her work;
(2) Job search
where an applicant is:
a. In compliance with NHEP pursuant to He-W 637.05;
b. Registered with the New Hampshire department of
employment security job match system; or
c. In compliance with New Hampshire’s requirements for
receipt of unemployment compensation benefits;
(3)
Participating in a training or education program which is preparatory to
employment, including any internet training or education, subject to the
limitations found in He-C 6910.13(c);
(4)
Participating in a basic educational activity as described in He-C
6910.13(e);
(5)
Participating in one or more approved NHEP activities indicated on an
employability plan as described in He-W 637;or
(6) A recipient of NHEP or FAP and be participating
in:
a. A mental
health treatment program;
b. A substance misuse treatment program; or
c. Both a. and
b.
(g) The job
search in (f)(2) above, shall be authorized for up to 92 calendar days. If job search is the only activity the parent
engages in prior to the end of the 92 calendar days, child care shall
terminate.
(h) Child care
scholarship shall be available to parents participating in an approved
employment related activity and seeking
housing in the same week, who are without permanent housing as defined in
section 725(2) of the McKinney-Vento Homeless Assistance Act, 42 U.S.C.
11434a(2) (2011), subject to the verification requirements of He-C 6910.09(s).
(i) To be
eligible for child care scholarship when both parents reside with the
child(ren), the following shall apply:
(1) Both
parents shall comply with (f) above; or
(2) One parent
shall comply with (f) above and the other shall qualify as a parent with a
disability in accordance with He-C 6910.09(k).
(j) Two adults residing in the same household
regardless of marital status who share a common child shall be counted as one
assistance group, along with all other children who have a biological, foster,
step, or adoptive relationship with each other and either adult.
(k) When an
individual is employed solely as a license-exempt child care provider, his or
her child(ren) shall not be eligible for child care scholarship.
(l) An
individual shall be eligible to receive child care scholarship for the care of
his or her own children following the submission of verification required in
He-C 6910.09(u) if:
(1) The
individual’s employer is not a license-exempt child care provider;
(2) The
individual is providing care as a license-exempt child care provider in the
child’s home; and
(3) The employer does not permit the individual to
care for the individual’s own children simultaneously with the employer’s
children.
(m) A parent’s
authorized service level shall be based on the number of hours per week child
care is needed as determined by:
(1) The number
of hours per week the parent is engaged in an approved employment related
activity; and
(2) The number
of hours of commute time per week equal to no more than one hour each day
multiplied by the number of days in a week that the parent(s) is engaged in an
employment related activity.
(n) For
self-employed parents, the authorized service level shall be based on the
number of hours per week child care is needed as determined by:
(1) The number
of hours the parent(s) reports for self-employment when the parent has been
continuously self-employed for less than 2 years; or
(2) Calculating
self-employment when the individual has been continuously self-employed for 2
years or more, as follows:
a. Dividing the
monthly income reported in He-C 6910.06 by 4.33 and then dividing this amount
by the federal minimum wage to establish the average number of hours of
employment related activity per week; and
b. The number
of hours of commute time per week equal to one hour each day multiplied by the
number of days in a week that the parent is in an approved employment related
activity.
(o)
Authorization for the authorized service level shall be based on the
calculation in (m) and (n) above and applied as follows:
(1) For full time
authorized service level, the number of hours shall be greater than 30 hours;
(2) For half
time authorized service level, the number of hours shall be greater than 15 and
equal to or less than 30; or
(3) For part
time authorized service level, the number of hours shall be between one and 15
hours.
(p) For 2
parent households eligible to receive child care scholarship, the authorized
service level shall be calculated based on the lowest number of hours that
either parent participates in an approved employment–related activity.
(q) Child care
scholarship shall not be paid for a child under the age of 72 months, or 6
years, when cared for in a license-exempt child care center program pursuant to
RSA 170-E:2, XI-a.
(r) A legal guardian and the legal guardian spouse
shall be required to be engaged in at least one activity described in
(f)(1)-(6) above.
(s) An individual registered with a temporary
employment agency shall be considered employed as long as the individual earns
one payment within 10 calendar days of an employment assignment.
Source. #7357, eff 9-1-00; ss and moved by #7723, eff
7-1-02 (from He-C 6910.05); amd by #8377, eff 6-21-05; (See
Revision Note at part heading for He-C 6910) #9474, eff
6-29-09; amd by #9665, EMERGENCY RULE, eff 3-1-10, EXPIRES: 8-28-10; ss by
#9770-A, eff 8-25-10; ss by #10120, eff 5-7-12; amd by #10565, eff 4-4-14; ss
by #10917, eff 9-1-15; ss by #12221, eff 7-10-17 (from He-C 6910.06); ss
by #13063, eff 7-1-20
He-C 6910.08 Additional
Requirements for Participants of NHEP.
(a) A parent
who is participating in NHEP and in compliance with He-W 637 shall be eligible
for child care scholarship.
(b) If the
parent is not in compliance with the NHEP requirements, the parent shall be granted continued
assistance for up to 92 calendar days..
(c) A parent
participating in training and education as a part of his or her approved NHEP
activities pursuant to He-W 637.22 and He-W 637.23 shall be eligible for child
care scholarship for a total of 104 weeks in a lifetime.
Source. #7357, eff 9-1-00; ss and moved by #7723, eff
7-1-02 (from He-C 6910.06); (See Revision Note at part heading
for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; ss by #12221,
eff 7-10-17 (from He-C 6910.07); ss by #13063, eff 7-1-20
He-C 6910.09 Verification
Requirements. In order for an
application to be approved, the applicant shall supply verification of
eligibility requirements as follows:
(a) The name of
each member of the assistance group shall be verified by one or more of the
following documents:
(1) The
individual’s birth certificate;
(2) The
individual’s marriage certificate;
(3) The
individual’s divorce decree, if the name to be used subsequent to a divorce is
changed;
(4) The
individual’s driver’s license or other identification which contains a picture
of the individual; or
(5) If the
individual has had a legal name change, the court documentation showing the
legal name of the individual and the date the name change took effect.
(b) The date
and place of birth of each child in the assistance group for which the parent
is requesting child care scholarship shall be verified by one or more of the
following documents:
(1) The child’s
birth certificate;
(2) The child’s
baptismal certificate; or
(3) The child’s
US passport.
(c) When a
child was not born in the US but has either become a US citizen or been
lawfully admitted to the US, the child’s birth record and one or more of the
following documents shall be submitted to verify date and place of birth and
citizenship status:
(1) The child’s
certificate of citizenship or naturalization; or
(2) The following
US Citizenship and Immigration Services (USCIS) forms or documentation:
a. USCIS Form
I-551, Permanent Resident card;
b. USCIS Form
I-327, Re-entry Permit;
c. USCIS Form
I-94, Arrival Departure Record, stating that the child has been admitted to the
US as a refugee under Section 207(c) of the Immigration and Nationality Act;
d. USCIS Form
I-94, Arrival Departure Record, stating that the child has been admitted to the
US as an asylee under Section 208 of the Immigration and Nationality Act; or
e.
Documentation from USCIS that the child has lawful temporary or
permanent resident status under Section 201 or 302 of the Immigration Reform
and Control Act.
(d) The
relationship of any adult in the assistance group to the child(ren) in the assistance
group shall be verified by one or more of the following:
(1) The child’s
birth record containing the name(s) of his or her parent(s);
(2) The adult’s
birth record;
(3) A marriage
certificate containing the names of the parties who were married, including any
maiden or previous names used;
(4) Any
additional birth or marriage records necessary to show the relationship of the
child(ren) to the adult(s) in the assistance group;
(5) For a legal
guardian, the court documentation indicating the relationship of the adult to
the child as that of a legal guardian; or
(6) For a
caretaker relative, one or more of the following documents:
a. A court
order giving the caretaker relative the duty of care, custody, and supervision
of the child;
b. A document
showing power of attorney for the child(ren) by the caretaker relative with
whom the child(ren) lives; or
c. A statement
from the child’s parent(s) that the caretaker relative is the individual who
shall provide care and supervision for the child on his or her behalf.
(e) To verify a
current address, any of the following verifications which show the address of
the family shall be acceptable:
(1) Rental
receipts;
(2) If the home
is owned, the deed or mortgage receipts;
(3) Utility or
telephone bills; or
(4) A statement
from the current landlord.
(f) Self-attestation
shall be an acceptable form of verification for children of migrant workers who qualify as
homeless because they are living in circumstances described in He-C 6910.03(ag).
(g) Monthly
gross income of each member of the assistance group shall be verified in
accordance with He-W 744.01 or He-W 744.03 or as follows:
(1) For
self-employment, a parent’s current profit and loss statement or the entire IRS
tax filing from the previous year, as described in He-C 6910.06(d);
(2) Any
contributions of monies to the assistance group from any source, verified by a
statement from the contributor which indicates the amount, frequency, and
expected end date of the contribution;
(3) For earned
income that fluctuates month to month according to He-C 6910.06(g)(1), a pay
stub or a written statement from the employer stating the monthly amount
earned;
(4) For
unearned income that fluctuates according to He-C 6910.06(g)(2), a pay stub, a written
statement from the contributor, physical documentation, or a collateral
contract;
(5) For earned
income that fluctuates season to season according to He-C 6910.06(g)(3)b,
either the previous year’s tax return or a statement from the employer; or
(6) For income
that cannot be verified according to (1)-(5) above, and which is anticipated to
fluctuate over the next 12-month period, verification shall consist of a
statement from the employer identifying an estimate of future earnings during
the upcoming 12-months.
(h) The
applicant shall attest that the assistance group’s resources, including both
personal and real property, do not exceed $1,000,000.00 in assets. No member of
the assistance group shall have, nor shall the combined assets of the assistance
group be, equal to or greater than $1,000,000.00.
(i) To
establish a link between the child and the child care provider, the parent and
the child care provider shall complete and submit to the department Form 1863 “Child Care Provider Verification,”
(May 2020) with the understanding that:
“A license is required when care is given in a private
home for more than 3 children, unrelated to the provider at any given time, in
addition to my own children;
I cannot be reimbursed for child care scholarship if I
reside in the same home as the child that I am caring for and/or if the child
has a biological, step, or adoptive relationship to me; and
The department may release child care information to
the above-named provider by the Department of Health and Human Services.”
(j) The
following verification requirements shall apply for a child experiencing a
disability or significant special needs requiring additional funds for
accommodations or classroom adaption in the child care setting:
(1) The parent
shall authorize the release of information to DHHS by completing section III of
Form 2690 “Verification for a Child Experiencing a Disability or Significant
Special Needs,” (May 2020), and by signing and dating the form, affirming the
following:
“By signing below, I authorize this verification to be
released to the Department of Health and Human Services. I understand that the
information will be held in the strictest confidence and that it will be
reviewed by, or shared with, authorized Department of Health and Human
Services’ staff involved in the authorization of Child Care and Development
Fund Scholarships”;
(2) The child
care provider shall complete section I of Form 2690, “Verification for a Child
Experiencing a Disability or Significant Special Needs” (May 2020), including
signing and dating the form, certifying the following:
a. “I certify that the child’s disability or special
need(s) is significant enough that the child requires additional funds for
accommodation or classroom adaptation in the child care setting.”; and
b. “I agree to
submit an annual report to DHHS specifying how the monies were spent which
include all DHHS requested information necessary for program monitoring”;
(3) A licensed
professional shall complete section II of Form 2690, “Verification for a Child
Experiencing a Disability or Significant Special Needs,” (May 2020), including
signing and dating the form, certifying that one of the following, is
applicable:
a. “I certify
that: I am the child’s attending physician, physician’s assistant, advance
practice registered nurse, or licensed mental health professional and am
providing ongoing treatment; the child’s disability or special need(s) is
significant enough that the child requires additional support and/or accommodation
in a child care setting; and, if the child is 13 through 17 years of age, the
child’s condition limits the child’s ability to care for himself/herself or
he/she would cause harm to himself/herself or others without supervision.”; or
b. “I certify that
I am a SAU Special Education Director or Area Agency Director and I believe
that the child’s disability or special need(s) is significant enough that the
child requires additional support and/or accommodation in a child care
setting.”
(k) When a parent
in a 2-parent household claims that he or she has a disability, acceptable
verification shall be a signed and dated statement from an attending physician,
physician assistant, advance practice registered nurse, or licensed mental
health professional indicating:
(1) The medical
condition, disease, or disability of the adult;
(2) The
expected duration of the condition, disease, or disability; and
(3) That the
adult is unable to work and to care for and supervise his or her child(ren)
because of the condition, disease, or disability.
(l) For those
parents who are NHEP participants but who are in an approved training or
educational program, including any internet training or education programs, the
acceptable verification shall be a signed and dated statement from the school
or training organization indicating:
(1) The parent
is enrolled in the program;
(2) The
duration of the program;
(3) The class
schedule, including hours of class attendance; and
(4) The program shall lead to a degree, license, or
certificate at the associate’s level or less in a specific field of employment.
(m) For parents
who are not receiving TANF financial assistance, but who are in an approved
training or educational program, including any internet training, or education
program the acceptable verification shall be a signed and dated statement from
the school or training organization indicating:
(1) The parent
is enrolled in the program;
(2) The program
shall lead to a degree, license or certificate at the associate’s level or less
in a specific field of employment;
(3) The
duration of the program; and
(4) The class
schedule, including hours of class attendance.
(n) For the
parents receiving TANF financial assistance and not participating in the NHEP work
program, acceptable verification of the training program or course of study,
including any internet training or education program, shall be a signed and
dated statement from the school or training organization indicating:
(1) The
requirements in (m)(1), (3) and (4) above; and
(2) That the
program shall lead to a degree or certificate at the associate or bachelor’s
level or less in a specific field of employment.
(o) When a
parent works at least 4 hours on a night shift between 10:00 p.m. and 6:00 a.m.,
acceptable verification shall be a signed and dated statement from the parent’s
employer, or, if self-employed, the parent’s customer, stating the hours of the
shift that the individual works each week.
(p) If at
redetermination a parent is experiencing one of the circumstances in He-C
6910.10(o), the following verification shall be required:
(1) A signed
and dated statement from the employer that the parent is still employed and
will be able to return to work following the medical leave or seasonal break in
employment; or
(2) Proof of
registration for the following semester, or a signed and dated statement from
the institution where the parent attends the training or educational program,
stating that the parent is still enrolled.
(q) When a
parent is participating in a job search at initial application or at
redetermination, acceptable verification shall be:
(1) Proof of
receipt of unemployment compensation benefits;
(2) A personal
summary page from the NH department of employment security’s job match; or
(3) The
verifications described in He-W 637.03(g).
(r) When a
parent has a permanent job loss acceptable verification shall be a signed and
dated:
(1) Notice of
termination from the employer; and
(2) Other
verification from the employer that the person is no longer employed.
(s) When a
parent applying for expedited child care scholarship is homeless as defined in
the McKinney-Vento Homeless Assistance Act, section 725(2) of 42 USC 11434a(2)
(2011), acceptable verification shall be a self-declaration from the parent
that the family is homeless.
(t) When a
parent is homeless and in an employment related activity and is seeking housing
in the same week, acceptable verification shall be a self-declaration stating
that the parent is homeless and seeking housing while in an employment related
activity.
(u) For
individuals who are providing care as a license-exempt child care provider in
the child’s home but whose employment is based on the condition described in
He-C 6910.07(l), the individual shall provide a document signed by his or her
employer verifying that the provider is prohibited from caring for his or her
own children while caring for the employer’s children as a condition of the
individual’s employment and that the employer is not a license-exempt child
care provider.
(v) For
individuals who did not find a child care provider within 30 days when seeking
child care through a child care resource and referral agency pursuant to He-C
6910.10(s)(1), acceptable verification shall be a letter from the child care
resource and referral agency stating that the parent has been working with its
staff and child care has not been identified for a specific child.
(w) When a
child or parent has had an in-patient hospital stay within the past 30 days as
described in He-C 6910.10(s)(2), acceptable verification shall be the discharge
statement, hospital record, or a statement from the attending physician.
(x) When a
parent is engaged in an employment related training or educational activity, as
described in He-C 6910.07(f)(3), acceptable verification of satisfactory
progress shall be a report card or signed and dated statement from an
organization or agency, or the educational or training facility, indicating
that the parent is making satisfactory progress as defined in He-C 6910.03(as).
(y) The following verifications requirements shall
apply to an individual participating in a mental health or substance misuse
treatment program:
(1) The parent
shall certify participation in an approved mental health treatment program or
substance misuse treatment program and authorize the release of information to
DHHS by completing, signing, and dating section I of Form 2691 “Verification
for an Individual Participating in a Mental Health or Substance Misuse
Treatment Program,” (May 2020) affirming the following:
a. “By signing
this form, I authorize the release of this information to the Department of
Health and Human Services (DHHS). I
understand that information will be held in the strictest confidence and
will be reviewed by, or shared with, authorized DHHS staff involved in the
administration of the NH Child Care Scholarship Program”; and
(2) A licensed
professional shall certify ongoing treatment is being provided by completing,
signing, and dating section II of Form 2691 “Verification for an Individual
Participating in a Mental Health or Substance Misuse Treatment Program,” (May
2020) certifying the following:
a. “I am the individual’s attending physician,
physician’s assistant, advance practice registered nurse, licensed mental
health professional, licensed behavioral health professional, licensed alcohol
and drug counselor, certified recovery support worker or board certified
psychologist and am providing ongoing treatment”.
Source. #7357, eff 9-1-0000; ss and moved by #7723,
eff
7-1-02 (from He-C 6910.07); amd by #8377, eff 6-21-05; (See
Revision Note at part heading for He-C 6910) #9474, eff
6-29-09; amd by #10120, eff 5-7-12; amd by #10565, eff 4-4-14; amd by #10917,
eff 9-1-15; ss by #12221, eff 7-10-17 (from He-C 68910.08); ss by
#13063, eff 7-1-20
He-C 6910.10 Eligibility
Determination and Length of Time.
(a) When an
application has been made in accordance with He-C 6910.04 and all required
verification has been submitted as described in He-C 6910.09, the District
Office staff shall make a determination of eligibility for child care
scholarship.
(b) If at the
time of the initial application interview all required verifications have not
been submitted, the district office staff shall give the applicant notification
of all outstanding verification(s).
(c) The
notification in (b) above shall state that the applicant shall submit the
required verification(s) to the district office staff within 10 calendar days
of the date of the notification, or the application shall be denied.
(d) An
eligibility determination for child care scholarship shall be made:
(1) Within 30
calendar days of the date of application; or
(2) Within 7
calendar days of the date of application for expedited child care as set forth
in He-C 6910.05.
(e) Eligibility
for an expedited child care scholarship shall terminate 30 days after the date
of application. If the applicant is determined
eligible for child care scholarship, the expedited period of time shall be
applied toward the 12-month period of eligibility.
(f) The application date or the child care provider
link date, whichever is later, shall be used to determine the:
(1) Twelve-
month eligibility certification period; and
(2) Effective
date of payment for child care.
(g)
Non-financial eligibility for child care scholarship shall be determined
as follows:
(1) Determine
the composition of the assistance group which shall include all of the
following individuals residing in the same dwelling:
a. All children
under 18 years of age who have a biological, foster, step, or adoptive
relationship;
b. All children
up to the age of 20 who have a biological, foster, step, or adoptive
relationship if they are attending primary or secondary school or equivalent
pursuant to RSA 167:80, IV(b); and
c. Any adult
who has a biological, foster, step, adoptive, caretaker relative, or legal
guardianship relationship to any child in a. above;
(2) Determine
if the applicant is either:
a. Engaged in
one of the activities listed in He-C 6910. 07(f); or
b. Meets the
criteria for a parent with a disability as described in He-C 6910.09 (k);
(3) Determine
that both parents are engaged in at least one of the activities described in
He-C 6910.07(f), if living together and are in the same assistance group; ; and
(4) Determine,
if the applicant if a NHEP participant, that he or she is eligible under He-C
6910.08.
(h) Financial
eligibility for child care scholarship shall be determined by the district
office pursuant to He-C 6910.06(a) as follows:
(1) Determine
the family size, which shall be the same number as members in the assistance
group;
(2) Calculate
the monthly gross income of the assistance group by adding together all
assistance group members’ monthly gross earned and unearned income, except for:
a. Income
specifically excluded in He-C 6910.06(c); and
b.
Self-employment income, which shall be added as net income as described
in He-C 6910.06(d); and
(3) Compare the
result obtained in (2) above, using the appropriate family size as determined
in (1) above, to the monthly gross income amount described in He-C
6910.06(b) as follows:
a.
If the assistance group’s total
monthly gross income does not exceed the monthly gross income amount described
in He-C 6910.06(b), then the family shall be determined financially eligible
for child care scholarship; or
b. If the
assistance group’s total monthly gross income does exceed the monthly gross
income amount described in He-C 6910.06(b) for the
appropriate family size, the family shall be determined not financially
eligible for child care scholarship and the application shall be denied.
(i) If the
assistance group meets the non-financial and financial requirements described
in (g) and (h) above and He-C 6910.06 and He-C 6910.07, then the application
shall be approved and the family shall be eligible for child care scholarship.
(j)
Notification shall be mailed to the applicant as described in He-C
6910.12 as soon as an eligibility child care determination is made, but no
later than 30 days from the date of the application.
(k) The
eligibility period for child care scholarship shall begin as described in (f)
above and was received at the district office in paper form, via telephone,
e-mail, or through NH Easy-Gateway to Services, NH’s online benefit application
and management system at https://nheasy.nh.gov/#/, if the family was determined
eligible.
(l)
Notification shall be mailed to the applicant as described in He-C
6910.12 as soon as an expedited child care eligibility determination is made,
but no later than 7 days from the date of the application.
(m) The
eligibility period for child care scholarship shall not exceed 12-months.
(n) A parent
shall receive up to 92 calendar days of job search when a parent is job
searching due to a permanent job loss, cessation of training program, or
educational program or stops participating in a mental health or substance
misuse treatment program. If the parent
does not engage in one of the activities in He-C 6910.07(f)(1), (3), (4),(5),
or (6) child care shall close at the end
of 92 calendar days.
(o) A parent
shall be considered employed, in a training or educational program, or
participating in a mental health or substance misuse treatment program during
the current 12- month eligibility period
as long as the parent(s) is:
(1) On a
medical leave due to his or her own health or caring for the other parent of
the common child living in the household or another child living in the
household;
(2)
Experiencing a seasonal break in employment according to regular
industry work seasons;
(3) On a
student holiday or break from a training or educational activity; or
(4) Experiencing
any other reduction in work, training or education hours as long as the
parent(s) is still working or attending a training or educational program.
(p) For expedited child care, the eligibility
period shall:
(1) Continue if
verification is provided within 30 calendar days and eligibility is determined;
or
(2) Terminate
on day 30 if verification is not provided within 30 calendar days.
(q) A child
shall be excluded from the payment for child care scholarship if he or she does
not meet any one of the following:
(1) The
citizenship criteria of He-C 6910.09(c);
(2) The age
criteria of He-C 6910.07(b)(3)(c);
(3) A child
experiencing a verified disability or significant special need criteria of He-C
6910.07(e); or
(4) No payment
was made on the child’s behalf for child care services rendered in the previous
60 days.
(r) The family
shall have 30 days from the date in (j) above to arrange for child care with an
enrolled provider and complete and return a Form1863, titled “Child Care Provider
Verification,” (April 2020) pursuant to He-C 6914.
(s) If the
family fails to comply with (r) above, child care eligibility shall be
terminated except when DHHS has authorized one 30-day extension for one of the
following circumstances:
(1) The family is unable to find child care within 30
days with assistance from a child care resource and referral agency;
(2) The parent
or child has an in-patient hospital stay during the 30-day period;
(3) The
information or data contained in Form 1863 was incorrect or no data has been
entered by DHHS establishing a child care link;
(4) There was
an error made in determining child care eligibility; or
(5) The family’s chosen child care provider has
completed the enrollment requirements in accordance with He-C 6914.04 within 30
days, but the provider enrollment determination has not been made according to
He-C 6914.04.
(t) Prior to the end of the eligibility period,
the family shall request a redetermination of eligibility in accordance with
He-C 6910.15 in order to continue to receive child care scholarship.
(u) If the parent is no longer participating in any
combination of He-C 6910.07 (f)(1)-(6), the parent shall be granted continued
assistance for up to 92 calendar days. Child care shall terminate if the parent
does not reengage in He-C 6910.07 (f)(1)-(6).
(v) Continued assistance shall be granted only when
employment, training, educational program, or mental health or substance misuse
treatment program is terminated.
Source. #7357, eff 9-1-00; amd by #7484, eff 4-28-01;
ss and moved by #7723, eff 7-1-02 (from He-C 6910.08);
amd by #8377, eff 6-21-05; ss by #9209, INTERIM, eff 7-19-08, EXPIRED: 1-15-09
New. #9363, eff 1-17-09; (See
Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120,
eff 5-7-12; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17 (from
He-C 6910.09); ss by #13063, eff 7-1-20
He-C 6910.11 Child
Care Assistance Wait List.
(a) When annual
departmental cost projections reflect that available funds will be
over-expended for the current fiscal year, a wait list shall be established
consisting of all families applying for or receiving child care scholarship for
the provision of additional child care scholarships.
(b) The
following children shall be exempt from the wait list in (a) above:
(1) Children whose parent applies for employment
related child care scholarship within 92 calendar days of the child’s
preventive or protective services closing;
(2) Children in
families currently receiving TANF benefits or children whose parent applies for employment related child care
scholarship within 92 calendars days of the parent’s TANF closing; and
(3) Children
currently experiencing homelessness as defined in He-C 6910.03(i) or children
whose parent(s) apply for employment related child care scholarship within 92
calendar days of finding housing after experiencing homelessness.
(c) The
department shall not pay for child care services provided to a child while he
or she is on the wait list.
(d) A family
shall comply with all eligibility requirements and be determined eligible in
accordance with He-C 6910.06, or He-C 6910.07, and He-C 6910.08 before being
placed on the wait list.
(e) A family
whose child(ren) is on a wait list shall be subject to redetermination of child
care scholarship every 12-months.
(f) A family
whose child(ren) is on the wait list
shall report the following:
(1) Start of
employment;
(2) Permanent loss
of employment;
(3) Start of
training or educational program;
(4) Cessation
of training or education program;
(5) Start of mental health or substance misuse
treatment program;
(6) End of
mental health or substance misuse treatment program:
(7) If the
assistance group’s gross income exceeds 220% of federal poverty guidelines; or
(8) If the
assistance group’s income increases to an amount exceeding 85% of SMI.
(g) If a family
is determined ineligible or fails to maintain eligibility status, the
child(ren) shall be removed from the wait list and, child care eligibility
shall be terminated.
(h) If a child
has been removed from the wait list, pursuant to (g) above, the family shall
re-apply, be determined eligible for child care scholarship, and be added to
the child care scholarship wait list.
The new application date shall determine the child’s position on the
wait list.
(i) The wait
list shall be prioritized into the following groups:
(1) The first
priority group shall include:
a. Children in
families with monthly gross income at or under 100% of the federal poverty
level; and
b. Siblings of
children who are members of a currently eligible family with an approved
provider and are actively receiving assistance; and
(2) The second
priority group shall include all other children determined eligible for child
care scholarship who do not meet the criteria of the first priority group in
(1) above.
(j) Eligible
children shall be added to the wait list according to the date on the application
submitted according to He-C 6910.04(e).
(k) As funds
become available, funds shall be released to offer child care scholarship to
children on the wait list in priority order, as follows:
(1) According
to the date of a family’s signed and dated application submission; and
(2) Alternating
between:
a. Two children
from the first priority group in (i)(1) above; and
b. One child
from the second priority group in (i)(2) above.
(l) When child
care scholarship becomes available to a child on the wait list, families shall
receive notification stating the following:
(1) The date
that one or more of their children has been released from the wait list;
(2) The date in
(1) above shall be the date that funds are available for payment; and
(3) No payment
shall be made for child care services received prior to the date in (k) above.
(m) The family
shall have 30 days from the date in (1)(1) above to arrange for child care with
an enrolled child care provider and return the provider verification form identified
in He-C 6910.09(i) to DHHS.
(n) If the
family fails to comply with (l)(1) above, child care eligibility shall be
terminated, except for the following circumstances:
(1) The family
is unable to find child care within 30 days with assistance from a child care
resource and referral agency;
(2) The parent
or child has an in-patient hospital stay during the 30-day period;
(3) The
information or data contained in Form 1863 “Child Care Provider Verification”
(May 2020) was incorrectly entered, or no data was entered by DHHS establishing
a child care link;
(4) There was
an error made in the DHHS determination of child care eligibility; or
(5) The
family’s chosen child care provider has completed the enrollment requirements
in accordance with He-C 6914.04 within 30 days, but the provider enrollment
determination has not been made according to He-C 6914.04.
(o) When a single
parent in the military is receiving child care scholarship and the parent is
placed on orders or deployed for a period longer than 30 days, child care
scholarship shall continue until:
(1) The
parent’s child care scholarship is terminated and the parent appoints a legal
guardian or caretaker relative for his or her child(ren);
(2) The legal
guardian or caretaker relative applies for child care scholarship and the child
is placed on the wait list until a determination is made on the legal
guardian’s or caretaker relative’s eligibility to receive child care
scholarship; and
(3) The legal
guardian or caretaker relative is found eligible to receive child care
scholarship, and the child is released from the wait list.
(p) When the
single parent returns from orders or deployment and assumes guardianship of his
or her child, the child if on a wait list, shall be released from the wait list
when the following are completed:
(1) The legal
guardian’s or caretaker relative’s child care scholarship is terminated;
(2) The parent
reapplies to receive child care scholarship, and the child is placed on the
wait list until a determination is made on the parent’s eligibility to receive
assistance; and
(3) The single
parent is found eligible to receive child care scholarship at the time the
child is released from the wait list.
Source. #7357, eff
9-1-00; ss by #7723, eff 7-1-02; (See Revision Note at part
heading for He-C 6910) #9474, eff 6-29-09; amd by #9770-A, eff 8-25-10; ss by
#10120, eff 5-7-12; ss by #12221, eff 7-10-17 (from He-c 6910.10); ss by
#13063, eff 7-1-20
He-C 6910.12 Notification
to Applicants, Recipients, and Providers.
(a) A family
shall receive notification whenever child care scholarship is denied including
the reason for the denial.
(b) A family
and provider shall receive notification whenever child care scholarship is
approved, increased, decreased, redetermined, terminated, when a child is added
to or released from the wait list, or when DHHS establishes or ends the link
between the child and provider that controls payments.
(c)
Notifications to families and providers shall contain the following
information, as applicable:
(1) The reason
for notification including one or more of the following:
a. A child care
scholarship approval;
b. A cost share
increase or decrease;
c. A
redetermination of eligibility;
d. A
termination;
e. An addition
to the wait list;
f. A release
from wait list; or
g. Information
relative to whether the child’s link to the child care provider is opening or
closing;
(2) Decisions
impacting on-going eligibility including one or more of the following:
a. Initiation
of job search activity; and
b. Initiation of a graduated phase out;
(3) The
eligibility period, for an approval or redetermination;
(4) The
proposed effective date of the decrease in assistance or termination;
(5) The
proposed effective date at redetermination of a graduated phase out or a change
in cost share;
(6) If the
family is determined eligible, each eligible family member’s name and DHHS
recipient identification number, which is a uniquely assigned number for each
assistance group member;
(7) The family
cost share based on the percent of the assistance group’s monthly gross income
and household size per He-C 6910.18;
(8) Authorized
service level, full time, half time, or part time for the child(ren);
(9) The right
to appeal in accordance with He-C 6910.19 if the family is aggrieved by the
eligibility decision;
(10) The DHHS
decision to seek recoupment of an overpayment from either the parent, the provider
or both; and
(11) Funds are
now available and the child is now released from the wait list.
(d)
Notifications to families in (b) above shall include the following
additional information, as applicable:
(1) The maximum
income limit for the family size;
(2) The total
monthly gross income amount for the assistance group; and
(3) The income
computation used to determine the eligibility decision.
(e) Courtesy letters impacting on-going
eligibility shall include one or more of the following:
(1) At 72 days
from the start of the job search, information relative to the end of the job
search;
(2) At 30 days
of no billing from the provider, information relative to the end of the child
care link due to 60 days of no billing from the provider; and
(3) At 84
weeks of training used, information relative to the close of the lifetime limit
of 104 weeks for employment related training and educational activities.
(f) When a
termination is the result of the parent’s failure to complete the redetermination
process, the family shall not receive notification in accordance with this
section.
Source. #7723, eff
7-1-02 (from He-C 6910.09); amd by #8377, eff 6-21-05; (See Revision
Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff
5-7-12 ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20
He-C 6910.13 Limitation
of Child Care Scholarship in Certain Situations. Insofar as funding and resources allow, child
care scholarship shall continue if the family meets the program requirements of
He-C 6910, except as follows:
(a) For
families for which a job search activity is approved for one or more parents
the following shall apply:
(1) Each parent
shall be allowed a maximum of 92 calendar days of child care scholarship in
order to engage in job search or engage in job search and seek housing in the
same week;
(2) Child care
scholarship shall terminate at the end of 92 calendar days if the parent or parents
in job search have not engaged in one of the activities in He-C 6910.07
(f),(1),(3),(4),(5), or (6);
(3) A parent
shall engage in employment, an employment related training or educational
program, NHEP, basic education, or participating in a mental health or
substance misuse treatment program activity before a new job search shall be
granted as a new activity or 6 months shall lapse between job search
activities; and
(4) If both
parents are engaged in a job search, but they began job search on different
dates, child care scholarship shall terminate on the date which is the end of
the earlier 92 calendar day job search period, if one or both parents have not
engaged in one of the activities in He-C 6910.07 (f),(1),(3),(4),(5), or (6)
during the job search;
(b) A parent
participating in NHEP shall be subject to the limitations identified in He-C
6910.08;
(c) A parent
who is not receiving TANF financial assistance shall be eligible for child care
scholarship during the training program or course of study when the training or
educational program or course of study:
(1) Prepares
the parent for employment;
(2) Leads to a
degree or certificate in a specific field of employment;
(3) Does not
exceed 104 weeks of child care scholarship payment in a lifetime;
(4) Is not a
single course apart from a degree or certificate program; and
(5) The program
leads to a degree or certificate at the associate’s level or lower;
(d) For the parent receiving TANF financial
assistance and not participating in the NHEP work program, the training program
or course of study:
(1) Shall
comply with the requirements in (c)(1) through (4) above; and
(2) Could
result in a degree or certificate at the associate’s or bachelor’s level;
(e) Families in
which a parent is engaged in basic and alternative educational activities,
which lead to a high school diploma or equivalent, or increase literacy levels,
shall not be subject to the 104 week lifetime limit for training and
educational programs, contingent upon the parent’s ongoing satisfactory
progress as defined in He-C 6910.03(as) in one of the following programs:
(1) High school
diploma program;
(2) High School
Equivalency Testing (HiSET) program;
(3) Remedial or
basic education program; or
(4) English as
a second language;
(f) Families
not receiving TANF financial assistance who are participating in work-study or
internship shall:
(1) Be
considered to be employed; and
(2) Have any
income received from the work-study or internship counted as part of the assistance
group’s monthly gross earned income in the determination of assistance in
accordance with He-C 6910.09(f);
(g) DHHS shall
not pay child care scholarship when a parent is participating in a
pre-requisite course in preparation for a post-secondary education or training
program except in the case of a nursing program, in which case the prerequisite
courses shall be limited to 2 and shall count towards the 104 week lifetime
limit;
(h) If the
provider’s link with a specific child is terminated due to non-payment for the
dates of child care services rendered within the past 60 days, the department
shall send notification informing the parent of the termination of the
provider’s link between the child and the provider;
(i) When the
provider has not billed for services rendered within the past 60 days, the
parent shall submit the new provider verification Form 1863 “Child Care
Provider Verification” (May 2020) identified in He-C 6910.09(h) within 10 days
of the date of the notification in (i) above; and
(j) If the
family fails to comply with (i) above, child care scholarship shall be
terminated.
Source. #7723, eff
7-1-02 (from He-C 6910.10); (See Revision Note at part heading
for He-C 6910) #9474, eff
6-29-09; ss by #9770-A, eff 8-25-10; ss by #10120, eff 5-7-12; amd by #10565,
eff 4-4-14; ss by #12221, eff 7-10-17 (from He-c 6910.12) ; ss by
#13063, eff 7-1-20
He-C 6910.14 Reporting
Changes During the 12-Month Eligibility Period.
(a) During any
12-month eligibility period, Tier 1 or Tier 2, a parent shall report and verify
changes in any of the following circumstances to the district office staff
within 10 calendar days of the date when the change occurs:
(1) The assistance
group’s income increases to an amount exceeding 85% of SMI;
(2) There is a
change in the child care provider or child care provider location who is
providing child care services;
(3) There is a
permanent loss or start of employment;
(4) A parent
begins or ends a training or educational program;
(5) There is a
change in the assistance group;
(6) There is a
change in the assistance group’s assets such that the cumulative value is in
excess of one million dollars;
(7) A parent
begins or ends a mental health or substance misuse treatment program;
(8) A parent
moves into the household;
(9) An
individual residing in the household becomes a parent of a child;
(10) There is a
change of address;
(11) A parent
adopts a child during the 12-month eligibility certification period; or
(12) A parent
registered with a temporary employment agency is no long receiving payment.
(b) A parent
shall not be eligible for continued assistance if the parent fails to comply
with (a) above, and child care scholarship shall terminate upon notice.
(c) Within 10
calendar days of the reported change, DHHS shall:
(1) Review
whether the assistance group continues to be eligible once a change in
circumstances as described in (a) above has been reported and verified subject
to He-C 6910.09; and
(2) Send
notification to the parent and child care provider if the reported change
results in a decrease, increase, or termination of child care scholarship as
described in He-C 6910.12.
(d) Termination
of eligibility that results from a change in family circumstances shall be
effective 10 calendar days from the date of the notification, unless the parent
requests a continuance of child care scholarship pending the outcome of an
appeal in accordance with He-C 6910.19.
(e) Termination
of child care scholarship eligibility that results from a change in assistance
group income exceeding 85% of SMI shall be effective on the date of the
notification from DHHS.
(f) A family
shall report any decrease in income during the 12-month eligibility period, for
Tier 1 or Tier 2 eligibility, and have the cost share recalculated for the
remainder for the eligibility period.
Source. #7723, eff 7-1-02; amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff
6-29-09; ss by #10120, eff 5-7-12; ss by #12221, eff 7-10-17 (from He-C
6910.13) ; ss by #13063, eff 7-1-20
He-C
6910.15 Redetermination of
Eligibility.
(a) Eligibility
for child care scholarship shall terminate at the end of the eligibility period
unless the parent has requested and completed a redetermination in accordance
with He-W 606.100 or He-W 606.101 no later than the last day of the prior
year’s application month.
(b) The purpose of the redetermination shall be to
verify and update the information and documentation provided on the application
or at the most recent redetermination in an effort to determine current child
care eligibility.
(c) A
redetermination shall be conducted in the same manner as an application in
accordance with He-C 6910.04, He-C 6910.06 and He-C 6910.09, except:
(1)
Verification of information regarding assistance group members, such as
name, address, birth information, and citizenship, shall not be required unless
changes in assistance group composition or address have occurred since
application or the most recent redetermination;
(2)
Verification of current child care provider on Form 1863 “Child Care
Provider Verification” (May 2020) shall not be required if no information on
the previously submitted form has changed; or
(3) For a child
experiencing verified disability or significant special need, verification on Form 2690 “Verification for a Child
Experiencing Significant Special Needs” (May 2020) shall not be required if the
condition is considered chronic and non-changing as indicated by the attending
physician, physician assistant, advance practice registered nurse, or licensed
mental health professional at the time of application or when verification of
the verified disability or significant special need(s) was previously submitted
on Form 2690 “Verification for a Child Experiencing a Disability or Significant
Special Needs” (May 2020).
(d) At the
redetermination interview the district office shall give the applicant a list
of any outstanding verifications required to determine child care eligibility.
(e) If a parent
is approved for continued eligibility in accordance with He-C 6910.10(o). child
care scholarship shall continue for another12-months.
(f) If a parent
is approved for continued assistance in accordance He-C 6910.10(u), in the
final quarter of the 12-month eligibility period, the continued assistance
takes precedence over the new 12-month eligibility period.
(g) If a parent
is approved for job search in the final quarter of the 12-month eligibility
period, the 92-calendar day job search takes precedence over the new 12-month
eligibility period.
(h) The redetermination shall be completed even when a
parent is experiencing one of the circumstances in He-C 6910.10(o).
(i) Any parent
who fails to complete the redetermination shall have his or her child care
scholarship terminate at the end of the 12-month eligibility certification
period.
(j) If at redetermination
it is determined that the family does not meet the initial eligibility
threshold, Tier 1, due to an increase in income greater than 220% but equal to
or less than 250% of the federal poverty guidelines, the parent shall receive
12-month graduated phase out eligibility period, Tier 2.
(k) If at any
time during the graduated phase out, the period for Tier 2, a family reports
income that decreases below 221% of the FPG, the family eligibility level shall
return to Tier 1.
(l) If at any
time during graduated phase out, Tier 2, the assistance group’s income exceeds
85% of state median income (SMI), child care scholarship eligibility shall
terminate.
(m) If at
redetermination the assistance group’s income exceeds 250% FPG, child care
scholarship eligibility shall terminate.
(n) If at redetermination the assistance group’s
income increases to an amount exceeding 85% of SMI scholarship eligibility
shall terminate.
(o) If at
redetermination it is determined that the assistance group’s income has decreased,
the cost share shall be recalculated.
(p) The family
shall receive notification regarding the redetermination of eligibility
decision in accordance with He-C 6910.12.
(q) If the
family is determined to be no longer eligible, child care scholarship shall
terminate on the date specified on the notification, unless continuation of
child care scholarship is requested pending the outcome of an appeal in
accordance with He-C 6910.19.
(r) If a family
requests a redetermination after the end of the family’s eligibility period,
the request shall be treated as a new application in accordance with He-C
6910.04, and, if found eligible, a new eligibility period shall begin on the
day the application was received in the district office and shall be subject to
the wait list pursuant to He-C 6910.11.
(s) If at the
time of redetermination it is reported by the family that a new provider is
providing child care services, that provider shall be enrolled in accordance
with He-C 6914 before payment can be made to the provider.
(t) The
application date or the child care provider link date, whichever is later,
shall be used to determine the:
(1)
Twelve-month eligibility certification period; and
(2) Effective
date of payment for child care.
Source. #7723, eff
7-1-02; (See Revision Note at part heading for He-C 6910) #9474,
eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10917, eff 9-1-15; ss by #12221,
eff 7-10-17 (from He-C 6910.14) ; ss by #13063, eff 7-1-20
He-C
6910.16 Service Level Determination
for Child Care Scholarship Payments.
(a) The child care authorized service level shall be
authorized at initial eligibility and at redetermination and limited only to
the hours that the parent is participating in one or more of the following
activities:
(1) At work;
(2) Looking for
work;
(3) Looking for
work and housing in the same week as describe in He-C 6910.07(h);
(4) In training
or attending class, including online training;
(5) In a work
study, subject to the limitation in He-C 6910.13(f) for non-TANF recipients;
(6) Required to
participate in a NHEP activity as described in He-W 637;
(7) Performing
duties for AmeriCorps VISTA;
(8) In a mental health treatment program or substance
misuse treatment program and a recipient of NHEP or FAP;
(9) Commuting
equal to one hour per day in one or more approved employment related activities
not to exceed one hour per day when those commutes are related to (1) through
(8) above;
(10) Studying,
not to exceed the number of classroom hours spent in a week, and only if billed
within the same week as those classroom hours; or
(11) Resting,
not to exceed the number of hours worked, if the parent works any 4 hours of the
day from 10:00 p.m. to 6:00 a.m. and the child would otherwise be without care
and supervision.
(b) The authorized service level shall remain
unchanged during any 12-month eligibility period unless the parent reports a
change in employment related activities that increases the authorized service
level.
(c) The authorized service level shall remain the
same as the authorized service level prior to the parent experiencing one of
the circumstances in He-C 6910.10(o) unless the parent requests otherwise.
(d) In a job search period following the
permanent loss of a job, end of a training or educational activity, or end of
participation in a mental health or substance misuse treatment program, the
authorized service level shall remain the same as the authorized service level
prior to the start of job search.
Source. #7723, eff
7-1-02; ss by #8377, eff 6-21-05; (See Revision Note at part
heading for He-C 6910) #9474, eff 6-29-09; ss by #10565, eff 4-4-14; ss by
#12221, eff 7-10-17 (from He-C 6910.16); ss by #13063, eff 7-1-20
He-C
6910.17 Child Care Scholarship
Standard Rate Methodology.
(a) The full time child care weekly standard
rates shall be established by utilizing a federally required market rate survey
(MRS) of New Hampshire licensed child care center and licensed family child
care home rates conducted every 2 years.
(b) Weekly standard rates shall be established by
the DHHS most recent Market Rate Survey for licensed child care centers and
licensed family child care homes at:
(1) For birth through 35 months, the 60th percentile;
or
(2) For 36
through 78 months, the 55th percentile.
(c) A weekly standard rate for license-exempt
child care home providers shall be established at 70% of the licensed family
child care home standard rate for each age category.
(d) A weekly standard rate for license-exempt
child care centers shall be established at 50% of the licensed child care
center standard rate.
(e) Child care scholarship payment to the child
care provider shall be the amount remaining after comparing the provider’s
charge for the service to the DHHS weekly standard rate, then subtracting the
family’s cost share from whichever is the lower rate.
(f) The weekly standard rate for licensed and
license-exempt child care centers and license and license-exempt family homes
shall be proportioned from the full time weekly standard rate for half time and
part time child care.
(g) In addition to the standard rates above, a
supplemental payment of $100.00 full time, $75.00 half time, and $50.00 part
time per week shall be paid for a child experiencing a disability or
significant special needs subject to the verification described in He-C 6910.09(j).
(h) The supplemental payment in (g) above shall
be effective the Monday following the approval date on Form 2690 “Verification
for a Child Experiencing a Disability or Significant Special Needs” (May 2020).
(i) When a child’s age in months reaches the beginning
of a new age category, that is, 0-17, 18-35, 36-78, or 79-155 months, for
payment, the payment rate shall be
changed effective the Monday following the change in age category.
(j) Child care scholarship payments established
pursuant to He-C 6910 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. #7723, eff
7-1-02; (See Revision Note at part heading for He-C 6910) #9474,
eff 6-29-09; ss by #10565, eff 4-4-14; amd by #10917, eff 9-1-15; ss by #12221,
eff 7-10-17; ss by #13063, eff 7-1-20
He-C 6910.18 Cost Share Determination.
(a) A family’s child care scholarship family cap
amount and cost share shall be determined as a percent of the family’s monthly
gross income adjusted for family size shown. The family cost share is shown in
Table 6910.1 as follows:
(1) Families
whose monthly gross income is less than or equal to 100% of the FPG described
in He-C 6910.06(b) shall be eligible for step 1, Tier 1;
(2) Families
whose monthly gross income is greater than 100% and less than or equal to 120%
of the FPG as described in He-C 6910.06(b), shall be eligible for step 2, Tier
1;
(3) Families
whose monthly gross income is greater than 120% and less than or equal to 140%
of the FPG as described in He-C 6910.06(b) shall be eligible for step 3, Tier
1;
(4) Families
whose monthly gross income is greater than 140% and less than or equal to 160%
of the FPG as described in He-C 6910.06(b) shall be eligible for step 4, Tier
1;
(5) Families
whose monthly gross income is greater than 160% and less than or equal to 190%
of the FPG as described in He-C 6910.06(b) shall be eligible for step 5, Tier
1;
(6) Families
whose monthly gross income is greater than 190% and less than or equal to 220%
of the FPG as described in He-C 6910.06(b) shall be eligible for step 6, Tier
1; and
(7) Families
whose monthly gross income is between 221% and 250% of the FPG according to the
“Poverty Income Guidelines for All States except Alaska and Hawaii and the
District of Columbia” published annually in the federal register at 81 FR 4036
(January 25, 2016) as described in He-C 6910.06(b) shall be eligible for a
graduated phase out at step 7, Tier 2.
(b) If at
initial eligibility or redetermination, an assistance group’s monthly gross
income is less than or equal to 220% FPG as described in He-C 6910.06(b), the
family’s cost share shall be determined at steps 1-6 and considered in Tier
1. Families shall not be determined
initially eligible at step 7.
(c) If at
redetermination the monthly assistance group gross income exceeds the initial
eligibility threshold of (a)(1)-(6) above, Tier 1 eligibility, and is less than
or equal to 250% of FPG, the family shall be eligible for 12-month graduated phase out period, Tier 2,
at step 7.
(d) The
family cap amount and cost share shall
be calculated by taking the assistance group’s monthly gross income, adjusted
for family size, multiplied by the cost share percent associated with the step
assigned to the family from Table 6910.1 and divided by 4.33.
(e) The cost
share during the current 12-month eligibility certification period shall
increase or decrease but not exceed the family cap amount determined at initial
eligibility, whether Tier 1 or Tier 2.
(f) Cost share
shall decrease as a result of any decrease in income during a 12-month
eligibility period, unless income was annualized at initial eligibility or
redetermination.
(g) Changes in the monthly gross income limit
used to calculate eligibility shall be effective on the first day of July
following publication of the annual update of the federal poverty guidelines in
the Federal Register.
(h) A family
may report any decrease in income during the 12-month eligibility period, for
Tier 1 or Tier 2, and have the cost share recalculated for the remainder of the
eligibility period.
Table 6910.1 Eligibility and Family Cost Share (Based on
Percent of Family Income)
Step |
Federal Poverty Guidelines |
Family Cap Amount Assigned to Family |
1 Tier 1 |
Less than 100% FPG |
4.75% |
2 Tier 1 |
>100%
≤120% |
7.50% |
3 Tier 1 |
>120%
≤ 140% |
10.00% |
4 Tier 1 |
>140%
≤ 160% |
12.50% |
5 Tier 1 |
>160%
≤ 190% |
14.00% |
6 Tier 1 |
>190%
≤ 220% |
17.00% |
7 Tier 2, Graduated Phase Out |
>220%
≤ 250% |
20.00% |
(i) Families
authorized for graduated phase out shall be assigned step 7 for the 12-month
graduated phase out period.
(j) The family
cost share assigned to the family shall be divided equally among all eligible
children enrolled with DHHS enrolled child care providers.
(k) The cost share per child shall be applicable
to only one DHHS enrolled child care provider.
(l) The family shall identify one DHHS enrolled
child care provider per child to be reimbursed by DHHS pursuant to He-C
6910.07(b)(4).
(m) If the family utilizes more than one child
care provider per child:
(1) DHHS shall
only pay for one child care provider per
child; and
(2) The family
shall be responsible for the total cost of care for additional child care
providers.
Source. #7723, eff 7-1-02; amd by #7939, eff 8-23-03;
amd by #8377, eff 6-21-05; (See Revision Note at part heading
for He-C 6910) #9474, eff 6-29-09; amd by #9665, EMERGENCY RULE, eff 3-1-10,
EXPIRES: 8-28-10; ss by #9770-A, eff 8-25-10; ss by #10120, eff 5-7-12; amd by
#10370, eff 7-1-13; ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20
He-C
6910.19 Appeals.
(a) A family may appeal within 30 calendar days
of the date on the notification of an eligibility decision to reduce, deny, or
terminate child care scholarship in accordance with He-C 200.
(b) If a family files an appeal in accordance
with He-C 200 within 15 calendar days of the date of the notification and
requests continuation of child care scholarship, then child care scholarship
shall continue at the established payment rate.
(c) If the decision on the appeal upholds the
DHHS proposed action, then child care scholarship shall be denied, decreased,
or terminated effective the date indicated on the original notification of the
denial, decrease, or termination, except when the termination is a result of
the parent’s failure to complete the redetermination process in accordance with
He-C 6910.15 and in which case the effective date shall be the closure date
identified on the notification of redetermination.
(d) If the family opted to continue to receive
child care scholarship as provided under (b) above, any overpayment shall be
repaid in accordance with He-C 6918.08.
(e) If the decision on the appeal does not uphold
the DHHS proposed action:
(1) Eligibility
shall be established as provided for in the appeal decision and eligibility
shall be effective as described in He-C 6910.10 if the notification proposed a
denial of the application; or
(2) The family
shall continue to receive child care scholarship as provided for in the appeal
decision, if the notification proposed a decrease or termination of child care
scholarship.
Source. #9435, eff 3-21-09; (See
Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120,
eff 5-7-12; amd by #10917, eff 9-1-15; ss by #12221 eff 7-10-17 (formerly He-C
6910.23); ; ss by #13063, eff 7-1-20
He-C
6910.20 Waiver of Rules.
(a) A parent
who requests a waiver of a requirement in He-C 6910 shall submit the request in
writing to DHHS and include the following information:
(1) The
parents, name, address, telephone number, and case number, if applicable;
(2) The
specific reference to the section of the rule for which a waiver is being
requested;
(3) An
explanation of why a waiver is necessary and the length of time, not to exceed
92 calendar days, for which the waiver is being requested;
(4) The number
and age range of children who will be affected by the waiver;
(5) A written plan to achieve compliance with the rule
or an explanation on how the parent will satisfy the intent of the rule, if the
waiver is granted; and
(6) The
signature of the parent.
(b) A waiver
shall be granted to the parent if:
(1) The
department concludes that authorizing deviation from compliance with the rule
from which the waiver is sought does not contradict the intent of the rule or
conflict with statute; and
(2) The
alternative proposed ensures that the object or intent of the rule will be
accomplished.
(c) When a
waiver is approved, the parent’s subsequent compliance with the alternatives
approved in the waiver shall be considered equivalent to complying with the
rule from which waiver was sought.
(d) The
department shall not approve any request for a waiver of any of the provisions
relevant to state or federal law or any rules of other state agencies which are
referred to in this chapter.
(e) No
provision or procedure prescribed by statute shall be waived.
(f) A waiver
shall be granted in writing for the length of time requested in (a)(3)
above, from the date the waiver was
granted.
Source. (See Revision Note at part
heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; ss by
#12221, eff 7-10-17 (formerly He-C 6910.24); ss by #13063, eff 7-1-20
PART He-C 6911 – RESERVED
PART He-C 6912
PREVENTIVE AND PROTECTIVE CHILD CARE ELIGIBILITY AND PROVIDER ENROLLMENT
Statutory Authority:
RSA 161:2, XII; RSA167:83, I(b); and RSA 167:83, II(o)
He-C 6912.01 Purpose. The purpose of this part is for the
department of health and human services (DHHS), through the division for
children, youth, and families (DCYF) for protective child care and through the
division of economic and housing stability (DEHS) for preventive child care to:
(a) Establish
the eligibility criteria for preventive or protective child care scholarship
which support healthy child development and the service or case plan. These types of child care scholarships enable
families to prepare for, secure, or maintain employment, participate in other
approved activities, or maintain stability of the child while in and out of the
home placement;
(b) Establish
the payment amounts for preventive and protective child care scholarship;
(c) Establish
the requirements to become a licensed preventive child care provider; and
(d) Establish
the requirements to become a licensed or license-exempt protective child care
provider.
(a) This part shall apply to:
(1) Families authorized to receive preventive
child care scholarship as determined by the comprehensive family support
agency; and
(2) Children authorized by DCYF to receive
protective child care scholarship pursuant to a court order or non-court
ordered agreement between DCYF and the family.
(b) The child care payments established pursuant
to He-C 6912 shall be contingent upon the availability and continued
appropriation of sufficient funds for this purpose, and in no event shall DHHS
be liable for any payments hereunder in excess of such available appropriated
funds.
Source. #12222, eff 7-10-17; ss by
#13064, eff 7-1-20
He-C 6912.03 Definitions.
(a)
"Agency” means the board or directors, executive director, and
employees of an organization that is incorporated and recognized by the NH
secretary of state.
(b) “Authorization
period” means the time for which a child is approved to receive preventive or
protective child care.
(c) “Authorized
representative” means the person(s) who is designated or authorized by a child
care provider to act on behalf of that provider in matters related to billing
DHHS for child care services.
(d) “Authorized
service level” means full time, half time, or part time service level based on
the number of hours per week that child care is authorized based on the work schedule of the parent, the
case plan developed by DCYF, or the service plan developed by the comprehensive
family support agency.
(e) “Caretaker
relative” means a relative who is not the biological parent of the child(ren),
but is providing care and supervision of the child(ren).
(f) “Case plan”
means the division for children, youth and families (DCYF) written plan for the
child and the family which outlines how services will be provided, and
requirements to be met by a parent receiving a protective child care
scholarship, pursuant to RSA 170-G: 4, III and 42 U.S.C. 671, Part E-Federal
Payments for Foster Care and Adoption Assistance 42 USC 671(a) (16) and 42 USC
675(5) (a)-(D) state plan for foster care and adoption assistance.
(g) “Child
care” means the act of providing safe and healthy care, including supervision,
food, activity, and rest for a child for any portion of a 24- hour day in order
to promote healthy child development..
(h) “Child care provider” means a provider of
non-residential child care services, including center-based, family-based, and
in-home child care services for compensation who or that is legally operating
under state law, and complies with applicable state and local requirements for
the provision of child care services.
(i) “Child care
scholarship” means payment to a child care provider who meets DHHS enrollment
and billing and payment criteria for child care services on behalf of a family
who meets the eligibility criteria of He-C 6912.
(j) “Child
experiencing a disability or significant special need(s)” means a child through
the age of 17 who has a verified medical, physical, developmental, educational,
or emotional condition or significant special need pursuant to He-C 6912.05(f)
and He-C 6912.10(b) requiring additional funds for accommodation or classroom
adaptation in the child care setting.
(k) ”Child
protective service worker (CPSW)” means the DCYF representative who has
expertise in managing cases resulting from concerns of child abuse or neglect
to ensure families and children achieve safety, permanency and well-being.
(l)
"Comprehensive family support agency" means one of the DEHS
contracted agencies throughout New Hampshire that provide a range of support
services to families and children that focus on strengthening, supporting and building
on the strengths and skills of individuals.
(m) “Conflict
of interest” means “conflict of interest” as defined in RSA 21-G:21, II.
(n)
"Department (DHHS)" means the department of health and human
services of the state of New Hampshire.
(o) "Division
for children, youth and families (DCYF)" means the organizational unit of
the department of health and human services that provides services to children,
youth, and families referred by courts pursuant to RSA 169-B, RSA 169-C, RSA
169-D, RSA 170-B, RSA 170-C, and RSA 463.
(p) “Employee” means
any individual who is employed by a child care provider for compensation
or anyone whose activities involve
the care or supervision of children for a child care provider or have
unsupervised access to children.
(q) “Enrolled child care provider” means that a
child care provider has met the requirements found in He-C 6912.06 and He-C
6912.11 and is authorized to receive payment for services from DHHS.
(r) “Family”
means a child (ren) and an adult(s) who reside in the same household and who
have a birth, foster, step, adoptive, legal guardianship, or caretaker relative
relationship.
(s) “Foster
parent” means an individual who has a license or permit for foster family care,
pursuant to He-C 6446.
(t) “Founded”
means a report of abuse or neglect where the department has determined that
there is a preponderance of evidence to believe that a child has been abused or
neglected.
(u) “Full-time”
means greater than 30 hours of child care per week.
(v) “Fraud” means “fraud” as defined in RSA 167:58, IV.
(w) “Good standing” means licensed child care
providers are not in violation of He-C 4002.
(x) “Half-time”
means greater than 15 and equal to or less than 30 hours of child care per
week.
(y) “Legal guardian”
means an individual who is given legal authority by a court and charged with
the duty to provide care, custody, and supervision of the child(ren).
(z) “Licensed”
means a child care provider has been issued a child care license to operate by
the commissioner of DHHS, in accordance with RSA 170-E, or has been issued a
child care license to legally operate as a child care provider in accordance
with the child care licensing requirements of a state neighboring New
Hampshire.
(aa) “License-exempt facility based program” means a license-exempt child care provider pursuant
to RSA 170-E:3, I (f) and(g).
(ab) “License – exempt in
home provider” means a person who is:
(1) Providing
child care in a private home;
(2) Exempt from
licensure pursuant to RSA 170-E:3; and
(3) One of the
following program types:
a. “Relative
provider” where the only children in care are the provider’s own children,
children related to the provider, and children residing with, the provider”
pursuant to, RSA 170-E:3(l); or
b. “Friend or
neighbor provider” where any number of the provider’s own children, whether
related biologically or through adoption, and up to 3 additional children are
cared for regularly for any part of the day, but less than 24 hours, pursuant
to RSA 170-E:3.
(ac) “NH Bridges” means the automated case
management, information, tracking, and reimbursement system used by DHHS.
(ad) “Parent”
means an individual who has a birth, adoptive, or step-parent relationship to
the child(ren), a foster parent as defined in (s) above, a legal guardian as
defined in (y) above, or a caretaker relative as referenced in (e) above.
(ae) “Part
time” means one to 15 hours of child care per week.
(af)
"Preventive child care" means child care authorized by the
comprehensive family support agencies to prevent child abuse or neglect and to
give the parent an opportunity to participate in programs designed to teach
positive parenting skills and address concerns that could lead to child abuse
or neglect.
(ag)
"Protective child care" means child care authorized by DCYF
while there is an open assessment or a founded case of child abuse or neglect
in order to assist the parent, according to (ad) above, in maintaining
employment, or when child care is in the best interest of the child or to
provide an opportunity to address the concerns that lead to abuse or neglect.
(ah)
“Recipient” means a member of a family, who meets eligibility
requirements or authorization pursuant to He-C 6912 and is receiving a child
care scholarship from DHHS. The term
includes the term “parent” pursuant to (ad) above.
(ai) “Serious injury” means any injury that occurs
to a child while receiving child care services from a licensed or
license-exempt child care provider that requires medical treatment by a
physician or other health care professional, hospitalization, or CPR performed
on the child while the child is in care.
(aj) “Service
plan” means a family service record maintained by a comprehensive family
support agency that includes but is not limited to a specific crisis or episode
of need for a child receiving preventive child care scholarship.
(ak) “Standard
rate” means a DHHS-determined rate used to calculate a child care scholarship.
(al) “Trauma-informed
care” means a practice that promotes a culture of safety, empowerment,
and healing.
Source. #12222, eff 7-10-17; ss by
#13064, eff 7-1-20
He-C 6912.04 Eligibility
for Preventive Child Care Scholarship.
(a) Families
shall be eligible to receive preventive child care scholarship when:
(1) The family
does not have an open case with DCYF;
(2) A service
plan to prevent child abuse or neglect, created by the comprehensive family
support agency in conjunction with the parents, is in effect;
(3) The parent
is participating in efforts to achieve the goals and objectives required by the
service plan created with the comprehensive family support agency;
(4) The
comprehensive family support agency has completed and submitted to the
department a completed Form 1902 “Referral for Preventive Child Care Services”
(June 2017); and
(5) T he provider has completed and submitted to the
department Form 1864 “Protective Child Care Provider Verification” (February 2017)
certifying that:
a. “I agree
that I must report any changes to the cost of care no later than 10 calendar
days from the date of the change.”;
b. “I
understand that the Department will recover any payment made for inaccurate or
fraudulent billing.”;
c. “I certify
that this information is true and correct.”; and
d. “I
understand that the Department may release child care payment information to
the above-named provider, for the purpose of verifying child care payment by
the Department of Health & Human Services.”.
(b) Eligibility
for preventive child care scholarship shall not be determined solely for
receipt of financial assistance.
(c) If the
comprehensive family support agency determines that authorized child care is no
longer needed or appropriate, the agency shall complete and submit Form 1902
“Referral for Preventive Child Care Services” (June 2017) to provider relations
requesting that the authorization for child care be terminated.
(d) Child(ren)
eligible to receive preventive child care scholarship shall be less than 13
years of age unless the child(ren) meets the exception criteria below:
(1) The child
has cognitive or behavioral concerns, such that the child and the community
would be at risk, and the child care scholarship is approved by the
comprehensive family support agency; or
(2) The child
is experiencing a disability or significant special needs whose condition
limits the child’s ability to care for himself or herself, or he or she would
cause harm to himself or herself or others without supervision as verified with
a completed Form 2690 “Verification for a Child Experiencing a Disability or
Significant Special Needs” (May 2020) and the child care scholarship is
approved by the comprehensive family support agency.
(e) The child
care level of service shall be based on the number of hours per week child care
is needed as determined by the number of hours per week the parent is in an
approved activity or as authorized by the comprehensive family support agency
as being in the best interest of the child;
(f) The
authorized service level shall be based on the service plan in (a)(2) above and applies as follows:
(1) For full
time authorized service level, the number of hours shall be greater than 30
hours per week;
(2) For half
time authorized service level, the number of hours shall be greater than 15 and
equal to or less than 30 hours per week;
and
(3) For part
time authorized service level, the number of hours shall be between one and 15
hours per week.
Source. #12222, eff 7-10-17; ss by
#13064, eff 7-1-20
He-C 6912.05 Preventive
Child Care Verification Requirements.
(a)
Comprehensive family support agencies shall document the need for
preventive child care in the service plan.
(b) Preventive
child care shall be authorized on Form 1902 for each period of up to 4 months.
(c) The
comprehensive family support agency shall indicate on Form 1902 “Referral for
Preventive Child Care Services” (June 2017) if the family income exceeds TANF
guidelines in order for other funding to be used for preventive child care.
(d)
Comprehensive family support agencies shall verify family income and
retain the documents listed below in the client file:
(1) Financial
statement sheet with parent signature; and
(2) Proof of
income such as pay stubs, tax returns, social security statements, and child
support statements.
(e)
Comprehensive family support agencies shall verify the utilization of
preventive child care scholarship through one of the following methods:
(1) Weekly home
visit with the family;
(2) Monthly
telephone calls or visits to the child care center; or
(3) Meetings at
the child care provider location to discuss the needs of the child while in the
child care setting.
(f) The
following verification requirements shall apply for a child experiencing a
disability or significant special need(s):
(1) The parent
or guardian shall authorize the release of information to DHHS by completing
section III of Form 2690 “Verification for a Child Experiencing a Disability or
Significant Special Needs,” (July 2015), and by signing and dating the form,
affirming the following:
“By signing below, I authorize this verification to be
released to the Department of Health and Human Services. I understand that the
information will be held in the strictest confidence and that it will be
reviewed by, or shared with, authorized Department of Health and Human
Services’ staff involved in the authorization of Child Care and Development
Fund Scholarships.”
(2) The child
care provider shall complete section I of Form 2690, “Verification for a Child
Experiencing a Disability or Significant Special Needs,” (May 2020); and, sign
and date the form, certifying the following:
a. “I certify
that the child’s disability or special need(s) is significant enough that the
child requires additional funds for accommodation or classroom adaptation in
the child care setting;” and
b. “I agree to
submit an annual report to DHHS specifying how the monies were spent which
include all DHHS requested information necessary for program monitoring.”
(3) A licensed
professional shall complete section II of Form 2690, “Verification for a Child
Experiencing a Disability or Significant Special Needs,” (May 2020), and sign
and date the form, certifying one of the following, as applicable:
a. “I certify
that: I am the child’s attending physician, physician’s assistant, advance
practice registered nurse, or licensed mental health professional and am
providing ongoing treatment; the child’s disability or special need(s) is
significant enough that the child requires additional support in a child care
setting; and, if the child is 13 through 17 years of age, the child’s condition
limits the child’s ability to care for himself/herself or he/she would cause
harm to himself/herself or others without supervision.”; or
b. “I certify
that I am a SAU Special Education Director or Area Agency Director and I
believe that the child’s disability or special need(s) is significant enough
that the child requires additional support in a child care setting.”
(g) The
provider shall complete and submit to the department Form 1864 “Protective
Child Care Provider Verification” (February 2017).
Source. #12222, eff 7-10-17; ss by #13064, eff 7-1-20
He-C 6912.06 Preventive
Child Care Provider Qualifications and Requirements for Enrollment.
(a) To be
eligible to be enrolled, a preventive child care provider shall meet the
following qualifications:
(1) Meet the definition of
licensed pursuant to He-C 6912.03(z);
(2) Maintain a current New Hampshire child care
license, and be in good standing;
(3) Provide a copy of a New Hampshire
child care license;
(4) Review and
comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA
169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;
(5)
The child care provider and his or her employees shall not have a
conflict of interest;
(6)
Provide proof the child care provider and employees have created an
account in the “NH Professional Registry” at https://nhportal.naccrraware.net/nh/;
(7) Provide a certificate of proof the child care
provider and employees completed training in trauma-informed care;
(8)
Review and comply with the child abuse and neglect reporting
requirements of RSA 169-C:29-31; and
(9)
Maintain liability insurance or provide a disclosure to parents that the
program is uninsured pursuant to RSA 170-E:6-b.
(b) In addition
to the requirements in He-C 6912.06(a), a child care provider seeking to be
enrolled shall submit to DHHS the following documentation for each child care
location:
(1)
A copy of the provider’s current child care license issued by DHHS’s
child care licensing unit;
(2)
A completed “State of NH Alternate W-9 Form” (October 2016);
(3) Form 1862 “Child Care Provider
Enrollment” (May 2020);
(4) Form 1860 “Child Care Provider
Agreement” (May 2020) agreeing:
a. To comply
with all the requirements set forth in this agreement;
b. That
enrollment is not finalized any payment for child care scholarship will not be
made until all required paperwork is complete and required Department of Health
and Human Services (DHHS monitoring visit and background checks including
investigations and determinations are complete in accordance with He-C 6912 and
He-C 6914;
c. To comply
with all federal and state laws and regulations including, but not limited to,
civil rights, equal opportunity, and non-discrimination, as well as all rules,
policies, and procedures, including enrollment requirements and billing
directions per He-C 6912, He-C 6914 and He-C 6918;
d. To review
the definition of serious injury and report any serious injury or death that
takes place in the child care setting during the hours of operation in
accordance with He-C 6912 and He-C 6914;
e. To review and comply with the child abuse and
neglect requirements of RSA 169-C:29-31;
f. To maintain
current licenses, permits, certifications, background checks, professional
development/training and other documentation as required by applicable state
and federal laws;
g. To maintain
liability insurance or provider a disclosure to parents that the program is
uninsured pursuant to RSA 170-E:6-b;
h. To submit to
monitoring requirements by DHHS per He-C 6912 and He-C 6914;
i. To comply
with the minimum standards for health and safety as required by He-C 6912, He-C
6916 or He-C 6917;
j. To submit an
annual report to DHHS specifying how the significant special needs differential
monies were spent;
k. That signing
this form does not create and employer-employee relationship;
l. That I must
report any child care payment receive from the State of New Hampshire as income
to DHHS when applying for or receiving any additional services or assistive
programs for DHHS;
m. To report
all changes to DHHS such as changes of address, email address, incorporation,
or provider name and if there is a change from social security number to an
employer identification number;
n. To report to
DHHS if someone new moves into my home or begins working in the child care
program;
o. To bill only
for child care services provided in compliance with this agreement;
p. That all
children under my care that are receiving child care payments from the State of
NH will be provided supervision by myself and/or my employee and that I and my
employee have completed all background check requirements and health and safety
training according to He-C 6912 and He-C 6914 and that if I am providing care
in my home, that all household members 18 years and older have completed a
background check;
q. To keep
daily attendance records, which include child’s first and last name, arrival
and departure times, and parent/guardian’s full original signature or
electronic signature. I understand that this information is required on the
weekly attendance record to confirm the total number of hours billed for each
week. I agree to provide all such records and information related to billing
and/or services provided to DHHS or its agents as requested and I agree to keep
attendance records for a period of 3 years;
r. That I, or
my authorized representative, or my employee, will not share the unique DHHS
assigned Logon and Personal Identification Number (PIN) with anyone. I
understand that the DHHS assigned Logon and PIN is non-transferrable to other
individuals. I agree and understand I am responsible for all child care billing
invoices submitted by me, my authorized representative, and/or employee;
s. To bill DHHS
weekly for services provided in the previous week;
t. That if I
submit an incorrect billing invoice, I will make the required corrections and
resubmit the billing invoice to DHHS within 60 days after the services were
provided. I understand that billing invoices will not be paid beyond 60 days. I
agree and understand billing invoices must be submitted via the web billing
application. I agree to indicate on the child care billing invoice the time the
child was scheduled to attend and the correct designation of Present (P),
Absent (A) Closure (C), Staff Professional Development Training (T), DHHS
designated Holiday (H) a DHHS authorized declared Disaster (D) as applicable;
u. The child
care registration fee charged to families eligible for child care scholarship
will not exceed the amount charged to a private paying family;
v. By
submitting a child care invoice to DHHS for services provided, I am certifying
that the information provided is true and accurate;
w. That I
understand that DHHS will recover any payment made for inaccurate or fraudulent
billing;
x. To notify
DHHS if I believe that I have received an overpayment;
y. The decision
to accept or not accept payment from DHHS as payment in full is mine and that I
have the option to charge or not to charge the difference (co-payment) between
the DHHS payment and my rate to the parent/guardian;
z. If my billing practices are contrary to this agreement
and He-C 6912, He-C 6914 and He-C 6918, I will forfeit the right to payment and
that I will not bill the parent for the cost of services that could have been
paid by DHHS;
aa. That I
understand if I have billed improperly, DHHS may require me to complete
additional training;
ab. To keep all
information concerning children and their families confidential except as
otherwise allowed under law;
ac. I am
responsible for payment of all required federal and state taxes accrued. DHHS
will issue a Form 1099 in January of each year if total reportable payment from
all state agencies equals $600 or more. Form 1099 will not be issued for
nonprofit agencies or corporations;
ad. That
failure to comply with the terms of this agreement is grounds for termination
or disqualification of participation as a DHHS enrolled child care provider and
possible further action by DHHS;
ae. If there is
a founded fraudulent claim by DHHS against me, I will be disqualified from
participating as a DHHS enrolled child care provider for a minimum period of 5
years;
af. If I have
not billed in over one year, a child’s health or safety is endangered, or if it
is determined that I have fraudulently billed, DHHS will terminate my
enrollment as a child care provider without advance notice; and
(5)
Form 2679 “Provider Web-Billing User Account Request (November 2016).
(c) The child
care provider shall complete and submit all forms and the attachments specified
in this section to DHHS. The process shall not be considered complete until all
of the information requested has been received, including any signatures
required on such forms.
(d) The child care provider shall submit the
applicable forms and documentation listed in this section by email to DCYF providerrelations@dhhs.nh.gov
or mail to:
Department of Health and Human Services
DCYF Provider Relations
129 Pleasant Street
Brown Building 3rd Floor
Concord, NH 03301
(e) If there
are forms or required documentation missing, DHHS shall notify the provider in
writing of the items required before the enrollment can be processed.
(f) The
enrollment application process shall be complete as of the date DHHS makes the
determination in (a) above and sends the written notification of the provider’s
approval or denial of enrollment. A
child care provider shall not be eligible to receive payment prior to the date
indicated in the written notification.
(g) If
approved, enrollment shall continue for a period of 3 years from the date on
the written verification.
(h) DHHS shall
assign an enrolled child care provider a unique resource identification number
for each child care location to be used for child care scholarship payment.
(i) An enrolled
child care provider shall notify DHHS in writing within 10 calendar days of any
change in the information provided on the enrollment forms, background check or
criminal history record information, except as stated in (o) below.
(j) A child
care provider who has changed or obtained a new tax identification number shall
report the new tax identification number to DHHS by completing and submitting
an updated Form 1862, “Child Care Provider Enrollment Form” (May 2020) and an
updated “State of NH Alternate W-9 Form” (October 2016).
(k) After DHHS
receives the information in (i) above or forms documenting a change as required
in (k) above, DHHS shall assign the provider a new resource identification
number.
(l) If a child
care provider has had his or her child care license under He-C 4002 denied or
suspended, DHHS shall review the documentation from the DHHS child care
licensing unit of the license denial or suspension.
(m) If the
child care provider’s license is denied or suspended, the comprehensive family
support agency shall complete and submit to DHHS Form 1902 “Referral for
Preventive Child Care Services” (June 2017)
to close the preventive child care authorization and assist the family
in locating a licensed child care provider.
(n) An enrolled
child care provider shall be a vendor of child care services and shall not be
considered an employee of DHHS.
(o) All
enrolled child care providers of child care scholarship shall notify DHHS
within 2 calendar days if the location of child care services changes.
Source. #12222, eff 7-10-17; ss by
#13064, eff 7-1-20
He-C
6912.07 Preventive Child Care –
Maintaining Enrollment
(a) In order to maintain enrollment, a licensed
child care provider shall:
(1)
Be qualified to receive NH child care scholarship, as described in, He-C
6912.06(a);
(2)
Comply with all requirements in He-C 6912 and He-C 4002;
(3)
Maintain a current New Hampshire child care license, and be in good
standing;
(4)
Provide DHHS with a copy of any new or renewed NH child care license
issued within 10 days of issuance or receipt; and
(5)
Not have had any license issued through DHHS’s child care licensing unit
revoked.
Source. #12222, eff 7-10-17; ss by #13064, eff 7-1-20
He-C 6912.08 Preventive
Child Care Renewal of Enrollment.
(a) An enrolled
child care provider shall renew their enrollment every 3 years from the date of
initial enrollment by completing and submitting the following to DHHS:
(1)
A valid New Hampshire child care license or valid permit to operate in
accordance, and be in good standing with He-C 4002;
(2)
A copy of any new or renewed child care license issued within 10 days of
issuance or receipt;
(3)
Form 1860 “Child Care Provider Agreement” (May 2020); and
(4)
Provide proof the child care provider or an authorized representative
has retaken the mandatory DHHS child
care scholarship training.
(b) Renewal of
enrollment shall remain open when DHHS has received all required forms,
records, and checks if the child care provider submitted all of the required
forms on or before the enrollment end date.
(c) Renewal of
enrollment shall close if DHHS does not receive all required forms prior to the
enrollment end date.
(d) Renewal of enrollment shall be completed as
of the date DHHS makes the determination and sends written notification of the
provider’s approval of re-enrollment.
Source. #13064, eff 7-1-20
He-C 6912.09 Eligibility
for Protective Child Care Scholarship.
(a) Families
shall be eligible to receive protective child care scholarship when there is an
open assessment or case through DCYF, and at least one of the following
circumstances exists:
(1)
The child is placed in out-of-home care, where the parent is working and
requires child care while the parent(s) is employed; or
(2)
DCYF has authorized child care as being in the best interest of the
child when:
a. The child is
in out-of-home care and the parent(s) is not employed; or
b. The
child(ren) remains in the parent’s home and the family has a founded report of
abuse or neglect as defined in RSA 169-C:3, XIII-a.
(b) Child(ren)
eligible to receive protective child care scholarship shall be less than 13
years of age unless the child(ren) meets the exception criteria below:
(1)
The child has cognitive or behavioral concerns, such that the child and
the community would be at risk, and the child care scholarship is approved by
the DCYF field administrator; or
(2)
The child is experiencing a disability or significant special needs
whose condition limits the child’s ability to care for himself or herself, or
he or she would cause harm to himself or herself or others without supervision
as verified with a completed Form 2690 “Verification for a Child Experiencing a
Disability or Significant Special Needs” (May 2020).
(c) No child
under the age of 72 months, meaning a child who is 6 years of age, shall be
cared for in a license-exempt child care center program pursuant to RSA 170-E:2
XI-a.
(d) The child
care level of service shall be based on the number of hours per week child care
is needed as determined by the number of hours per week the parent is in an
approved activity or as authorized by DCYF as being in the best interest of the
child.
(e) The
authorized service level shall be determined based on (a)(2) and (d) above and
apply as follows:
(1)
For full time authorized service level, the number of hours shall be
greater than 30 hours per week;
(2)
For half time authorized service level, the number of hours shall be
greater than 15 and equal to or less than 30 hours per week; and
(3)
For part time authorized service level, the number of hours shall be
between one and 15 hours per week.
Source. #13064, eff 7-1-20
He-C 6912.10 Protective Child
Care Verification Requirements.
(a) When
authorizing protective child care, DCYF shall verify the child’s income and one
of the following:
(1)
That the parent is working; or
(2) Child care
is needed in the best interest of the child.
(b) The
following verification requirements shall apply for a child experiencing a
disability or significant special need(s):
(1)
The parent or guardian shall authorize the release of information to
DHHS by completing section III of Form 2690 “Verification for a Child
Experiencing a Disability or Significant Special Needs,” (May 2020), and by
signing and dating the form, affirming the following:
“By signing below, I authorize this verification to be
released to the Department of Health and Human Services. I understand that the
information will be held in the strictest confidence and that it will be
reviewed by, or shared with, authorized Department of Health and Human
Services’ staff involved in the authorization of child care scholarships.”
(2)
The child care provider shall complete section I of Form 2690,
“Verification for a Child Experiencing a Disability or Significant Special
Needs,” (May 2020); and, sign and date the form, certifying the following:
a. “I certify
that the child’s disability or special need(s) is significant enough that the
child requires additional funds for accommodation or classroom adaptation in
the child care setting;” and
b. “I agree to
submit an annual report to DHHS specifying how the monies were spent which
include all DHHS requested information necessary for program monitoring”.
(3) A licensed
professional shall complete section II of Form 2690, “Verification for a Child
Experiencing a Disability or Significant Special Needs,” (May 2020), and sign
and date the form, certifying one of the following, as applicable:
a. “I certify
that: I am the child’s attending physician, physician’s assistant, advance
practice registered nurse, or licensed mental health professional and am
providing ongoing treatment; the child’s disability or special need(s) is
significant enough that the child requires additional support in a child care
setting; and, if the child is 13 through 17 years of age, the child’s condition
limits the child’s ability to care for himself/herself or he/she would cause
harm to himself/herself or others without supervision.”; or
b. “I certify
that I am a SAU Special Education Director or Area Agency Director and I
believe that the child’s disability or special need(s) is significant enough
that the child requires additional support in a child care setting.”
Source. #13064, eff 7-1-20
He-C 6912.11 Protective
Child Care Provider Qualifications and Requirements.
(a) For foster
care parents to be eligible to be enrolled as a license-exempt child care
provider the foster parent shall meet the following qualifications:
(1)
Be licensed as a foster care provider pursuant to He-C 6446;
(2)
Provide a copy of the foster care license;
(3)
Meet the definition of license-exempt pursuant to He-C 6912.03(ab);
(4)
Maintain liability insurance or provide a disclosure to parents that the
program is uninsured pursuant to RSA 170-E:6-b;
(5)
Review and comply with the statutes regarding confidentiality, including
RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA
170-G:8-a;
(6)
The child care provider and his or her employees shall not have a
conflict of interest;
(7)
Not be the parent of a child for whom he or she is providing care unless
the child is receiving protective child care provided by a licensed foster
parent who is also a licensed child care provider as approved by a DCYF
supervisor and in compliance with He-C 6446.15 (m);
(8)
Not be a member of the same residence as the parent or child(ren)
receiving child care scholarship unless the child(ren) is in foster care and
receiving protective child care scholarship;
(9)
Not have had any permit or license issued through DHHS’s child care
licensing unit revoked;
(10)
If licensed with DHHS, child care licensing unit, have a valid New
Hampshire child care license or valid permit to operate in accordance with He-C
4002, and be in good standing; and
(11)
Review and comply with the child abuse and neglect reporting
requirements of RSA 169-C:29-31.
(b)
For a license-exempt facility-based program to be eligible to be
enrolled, a child care provider shall meet the following qualifications:
(1)
Be 18 years of age or older;
(2)
Meet the definition of license-exempt pursuant to He-C 6912.03(aa);
(3)
Maintain liability insurance or provide a disclosure to parents that the
program is uninsured pursuant to RSA 170-E:6-b;
(4)
Review and comply with the statutes regarding confidentiality, including
RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA
170-G:8-a;
(5)
The child care provider and his or her employees shall not have a
conflict of interest; and
(6)
Comply with:
a. An annual
announced monitoring visit as defined in He-C 6917.03(n); and
b. All the
minimum standards for health and safety as required by He-C 6917.
(c) For a licensed child care provider to be
eligible to be enrolled, a child care provider shall meet the following
qualifications:
(1)
Meet the definition of licensed pursuant to He-C 6912.03(z);
(2) Maintain a current New Hampshire
child care license and be in good standing;
(3) Provide a copy of a New Hampshire
child care license;
(4)
Review and comply with the statutes regarding confidentiality, including
RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA
170-G:8-a; and
(5)
The child care provider and his or her employees shall not have a
conflict of interest.
(d) In addition to the requirements in He-C
6912.11(a), (b), and (c) above, a child care provider seeking to be enrolled
shall submit every 3 years to DHHS for each child care location the following:
(1)
If a licensed child care provider:
a. A copy of
the provider’s current child care license issued by DHHS’s child care licensing
unit;
b. A “State of
NH Alternate W-9 Form” (October 2016);
c. Form 1862
“Child Care Provider Enrollment” (May 2020);
d. Form 1860
“Child Care Provider Agreement,” (May 2020), agreeing to the requirements set
forth in He-C 6912.06(b)(4)a.-af.; and
e. Form 2679 “Provider
Web-Billing User Account Request” (November 2016), with the following
understandings:
1. “I
understand that provider billing requirements are governed by administrative
rules (He-C 6339, He-C 6340, He-C 63487, He-C 6350, He-C 6914) which is incorporated
herein by reference and I agree to abide by these requirements.”;
2. “I
understand and agree that as a provider, I am responsible for any and all
billing invoices submitted by me or on my behalf by my authorized
representative, whether user is an employee authorized as a billing
representative or authorized billing representative of a management service
company.”;
3. “I
understand and agree that any payments made which are based on inaccurate or
fraudulent billing, whether submitted by me or by my authorized user will be
recovered from me by DHHS.”;
4. “I
understand and agree that it is my responsibility to notify the Division for
Children, Youth and Families by contacting Provider Relations when a user no
longer requires access to the web billing application.”;
5. “I
understand by submitting an invoice via the Provider Web Billing Application I
am certifying that the invoice is true and accurate.”;
6. “I
understand and agree that information obtained via the Provider Web Billing
Application is confidential and can be used solely for the purposes of
administering Division for Children, Youth and Families (DCYF) Services.”;
7. “I
understand and agree that I am responsible for my authorized representative,
employee, and/or any management service company’s use of the Provider Web
Billing Application.”; and
8. “I
understand and agree that I must access my web account at least every ninety
(90) days or my account will be deactivated.;
(2)
If licensed as a foster care provider pursuant to He-C 6446:
a. A copy of
the foster parent license;
b. A State of
NH Alternate W-9 Form” (October 2016);
c. Form 1862
“Child Care Provider Enrollment” (May 2020);
d. d. Form 1860 “Child Care Provider Agreement,”
(May 2020) agreeing to the requirements set forth in He-C
6912.06(b)(4)a.-af.;and
e. Form 2679 “Provider
Web-Billing User Account Request” (November 2016) with the following
understandings:
1. “I
understand that provider billing requirements are governed by administrative
rules (He-C 6339, He-C 6340, He-C 63487, He-C 6350, He-C 6914) which is
incorporated herein by reference and I agree to abide by these requirements.”;
2. “I
understand and agree that as a provider, I am responsible for any and all
billing invoices submitted by me or on my behalf by my authorized
representative, whether user is an employee authorized as a billing
representative or authorized billing representative of a management service
company.”;
3. “I
understand and agree that any payments made which are based on inaccurate or
fraudulent billing, whether submitted by me or by my authorized user will be
recovered from me by DHHS.”;
4. “I
understand and agree that it is my responsibility to notify the Division for
Children, Youth and Families by contacting Provider Relations when a user no
longer requires access to the web billing application.”;
5. “I
understand by submitting an invoice via the Provider Web Billing Application I
am certifying that the invoice is true and accurate.”;
6. “I
understand and agree that information obtained via the Provider Web Billing
Application is confidential and can be used solely for the purposes of
administering Division for Children, Youth and Families (DCYF) Services.”;
7. “I
understand and agree that I am responsible for my authorized representative,
employee, and/or any management service company’s use of the Provider Web
Billing Application.”; and
8. “I
understand and agree that I must access my web account at least every ninety
(90) days or my account will be deactivated.;
(3)
If a license-exempt facility based child care program as defined in RSA
170-E:3, I(a), (b), (f), and (g):
a. A completed,
signed and notarized Form 2503 “DCYF Central Registry Name Search
Authorization” (October 2016);
b. Form 2505 “A
Background Check Information and Authorization” (February 2017) certifying the
following:
“I understand the Division for Children, Youth and
Families, Child Development Bureau will conduct a background check to include
but not limited to: NH State Police Criminal Records (age 18 and older);
Fingerprint-based criminal record check of the FBI national database (age 18
and older); check of the state and national sex offender registry and; a
central registry for child abuse and neglect check (12 years or older) for every
state lived in for the past 5 years. This is in accordance with RSA 170-E:3-a, 170-E;7
and federal laws (Adam Walsh Act and Megan’s Law), and is required for all
individuals who ae employed or volunteer for licensed-exempt child care center,
and who have contact with the children whose care I receive child care
reimbursement from the Department.
I understand that the Division for Children, Youth and
Families, Child Development Bureau shall check the National and State Sex
Offender Registries, the DCYF Central Registry Name Search and the NH State
Police Criminal Records and FBI database.
I understand that I am required to complete and submit
a notarized NH Health and Human Services Criminal History Records Information
Authorization (DSSP372) and a notarized DCYF Central Registry Name Search
Authorization (Form 2503) and that my name will be received against the
National and State Sex Offender Registries.
I understand that every member of my household,
employee or volunteer age 12 and older will submit a notarized DCYF Central
Registry Name Search Authorization (Form 2503) and their names will be reviewed
against the National and State Sex Offender Registries.
I understand that every member of my household,
employee or volunteer age 18 and older will submit a notarized NH Health and
Human Services Criminal Record Information Authorization (DSSP372).
I understand that I am required to complete and submit
any other background check information forms as required by any state that I
have lived in during the past 5 years.
I understand that every member of my household,
employee or volunteer age 18 and older is requested to complete and submit any
other background check information forms as required by any state that they
have lived in during the past five years.
I understand that I am required to complete and submit
a new Background Check Information Form (2505) and all required authorizations
on the first day that any information in this form changes. For example:
someone moves into your home or begins to have contact with children.
I certify that all information on this form is true
and complete. Providing falsified information may be grounds for denying
enrollment”.;
c. A “State of
NH Alternate W-9 Form” (October 2016);
d. Form 1862
“Child Care Provider Enrollment” (May 2020);
e. Form 1860
“Child Care Provider Agreement” (May 2020) agreeing to the requirements set
forth in He-C 6912.06(b)(4)a.-af.;and
f. Form 2679 “Provider
Web-Billing User Account Request” (November 2016), with the following understandings:
1. “I
understand that provider billing requirements are governed by administrative
rules (He-C 6339, He-C 6340, He-C 63487, He-C 6350, He-C 6914) which is
incorporated herein by reference and I agree to abide by these requirements.”;
2. “I
understand and agree that as a provider, I am responsible for any and all
billing invoices submitted by me or on my behalf by my authorized
representative, whether user is an employee authorized as a billing
representative or authorized billing representative of a management service
company.”;
3. “I
understand and agree that any payments made which are based on inaccurate or
fraudulent billing, whether submitted by me or by my authorized user will be
recovered from me by DHHS.”;
4. “I
understand and agree that it is my responsibility to notify the Division for
Children, Youth and Families by contacting Provider Relations when a user no
longer requires access to the web billing application.”;
5. “I
understand by submitting an invoice via the Provider Web Billing Application I
am certifying that the invoice is true and accurate.”;
6. “I
understand and agree that information obtained via the Provider Web Billing
Application is confidential and can be used solely for the purposes of
administering Division for Children, Youth and Families (DCYF) Services.”;
7. “I
understand and agree that I am responsible for my authorized representative,
employee, and/or any management service company’s use of the Provider Web
Billing Application.”; and
8. “I understand
and agree that I must access my web account at least every ninety (90) days or
my account will be deactivated.;
(4)
Proof the child care provider and employees have created an account in
the “NH Professional Registry” at: https://nhportal.naccrraware.net/nh/;
(5)
Proof the child care provider or an authorized representative has
completed the mandatory DHHS NH child care scholarship training;
(6)
Proof the child care provider and employees completed training in
trauma-informed care; and
(7)
Review and comply with the child abuse and neglect reporting
requirements of RSA 169-C:29-31.
(e) All
license-exempt child care providers shall complete and submit, at the time of
the live scan fingerprint appointment, notarized Form DSSP372 “New Hampshire
Health and Human Services Criminal History Record Information Authorization,”
(10/1/16) once every 5 years authorizing DHHS to receive fingerprint and
criminal background checks for the provider and all household members, an
individual identified in He-C 6920.04(a), and:
(1)
For a licensed foster parent who is also a license-exempt provider, the
child care provider and all household members when child care is provided in
the child care provider’s own home;
(2)
For a licensed foster parent who is also a license-exempt provider, the
child care provider only, when child care is provided in the child’s own home;
and
(3)
For a license-exempt facility-based program, the provider and all
employees.
(f)
All licensed foster care providers shall comply with training
requirements in accordance with He-C 6446.
(g) Each license-exempt child care provider and each
employee providing supervision of children or required to meet staff-to-child
ratios, shall submit proof according to (l) below that the provider and
employee has completed a minimum of 6 hours of training in all required health
and safety topics as follows:
(1)
Prevention and control of infectious diseases;
(2)
Prevention of sudden infant death syndrome and use of safe sleeping
practices;
(3)
Administration of medication, consistent with standards for parental
consent;
(4)
Prevention of and response to emergencies due to food and allergic
reactions;
(5)
Building and physical premises safety, including identification of and
protection from hazards that can cause bodily injury such as electrical
hazards, bodies of water, and vehicular traffic;
(6)
Prevention of shaken baby syndrome and abusive head trauma;
(7)
Recognizing and reporting child abuse and neglect;
(8)
Emergency preparedness and response planning;
(9) Handling and storage of hazardous
materials and the appropriate disposal of biocontaminants;
(10)
For providers offering transportation, appropriate precautions in
transporting children;
(11)
Child development, birth through 12 years; and
(12)
Trauma-informed care.
(h) A license-exempt child care provider and each
employee working for programs operating 4 months or less, such as a summer or
recreational program, who has completed the health and safety requirements
listed in (g)(1)-(12) above shall complete a minimum of 2 hours of training in
any of the health and safety topics listed in (g)(1)-(12) above.
(i) Child care programs that serve only children
attending part-day kindergarten or full-day public school shall be exempt from
He-C 6912.11(g)(2) and (6).
(j) Each
license-exempt child care provider and employee providing supervision of
children or required to meet staff to child ratios, shall submit to DHHS proof
according to (l) below that the provider and each employee has current
certification in:
(1)
Pediatric cardiopulmonary resuscitation (CPR) which shall include
instruction in CPR and foreign body airway obstruction management for infants
and children by the American Red Cross, American Heart Association, Emergency
Care and Safety Institute, National Safety Council, or other nationally
recognized organization; and
(2)
Pediatric first aid.
(k) CPR and first aid training
as specified in (j)(1) and (2) above may be taken via correspondence or online,
provided a skill test is performed in person prior to becoming certified.
(l) Each
license-exempt provider and employee shall obtain documentation of successful
completion of the training in (g) above that includes the following:
(1)
The title of the training completed;
(2)
The name of the organization offering the training;
(3)
The name of the trainer, if applicable;
(4)
The name of the employee completing the training;
(5)
The date on which the training was completed; and
(6)
The duration of the training.
(m) Each
license-exempt child care provider and employee shall upload documentation in
(l) above to the “NH Professional Registry” located at: https://nhportal.naccrraware.net/nh/;
(n) Each
license-exempt child care provider and employee shall complete the required
health and safety training and certification in (g) and (j) as follows:
(1)
Each newly enrolling license-exempt child care provider and employee
shall complete required training prior to enrollment;
(2)
Each new employee of a currently enrolled license-exempt center child
care provider shall complete the required training within 90 days from the
start of employment; and
(3)
Each new employee of a currently enrolled license-exempt center child
care provider initially hired for 4 months or less or hired in a license-exempt
center offering child care services for 4 months or less, such as a summer or
recreational program, shall complete the required training within 2 weeks of
the start of employment.
(o) The child
care provider shall complete and submit to DHHS all forms and the attachments
specified in this section. The process shall not be considered complete until
all of the information requested have been received, including any signatures
required on such forms.
(p) If there
are forms or required documentation missing, DHHS shall notify the provider in
writing of the items required before the enrollment can be processed.
(q) DHHS shall
review all background checks received for child care providers, employees, and
household members. If a criminal
background check shows the existence of a finding pursuant to He – C 6920.05(a)
or a conviction then DHHS shall conduct an investigation pursuant to He-C
6920.07 to determine whether the individual poses a threat to the safety of
children pursuant to RSA 170-E:7 and whether the enrollment should be denied.
(r) The child care provider shall submit the
applicable forms and documentation listed in this section by email to DCYF providerrelations@dhhs.nh.gov
or by mail to:
Department of Health and Human Services
DCYF Provider Relations
129 Pleasant Street
Brown Building 3rd Floor
Concord, NH 03301
(s) DHHS shall
review the forms and documents in (d) and (e) above and the results of the
background determination in (r) above to determine whether the provider meets
all of the qualifications and requirements for enrollment under He-C 6912.
(t) The
enrollment application process shall be complete as of the date DHHS makes the
determination in (r) above and sends the written notification of the provider’s
approval or denial of enrollment. A
child care provider shall not be eligible to receive payment prior to the date
indicated in the written notification.
(u) If
approved, enrollment shall continue for a period of 3 years from the date on
the written verification for child care providers.
(v) For a licensed foster care parent enrolling as a
license-exempt child care provider, if approved, enrollment shall continue for
a period of 2 years from the date on the written verification..
(w) All forms
and documentation applicable to the child care provider shall be submitted according
to Table 6912.1 below:
Table 6912.1
Forms and
Documentation Required for Protective Child Care Enrollment
Form or
Document |
Licensed |
License-Exempt |
Licensed
Foster Parent |
Copy of current N.H. child care license |
X |
* |
* |
Copy of current Foster Care license |
* |
* |
X |
Form 1860 “Child Care Provider Agreement” (May 2020 ) |
X |
X |
X |
Form 1862
“Child Care Provider Enrollment Form” (May 2020) |
X |
X |
X |
“State of NH Alternate W-9 Form” (October 2016) |
X |
X |
X |
Form 2679 “Provider Web-Billing User Account
Request” (November 2016) |
X |
X |
X |
“Form 2503 DCYF Central Registry Name Search
Authorization” (October 2016)
|
* |
X |
* |
Form 2505 “Background Check Information and
Authorization” (February 2017) |
* |
X |
* |
DSS P372 “NH Health and Human Services Criminal
History Record Information Authorization” (10/1/16) |
* |
X |
* |
Health and Safety Training Documentation |
* |
X |
* |
First Aid Certification for Pediatric |
* |
X |
* |
Pediatric CPR Certification |
* |
X |
* |
(x) An asterisk
shown in Table 6912.1 shall mean that, for a provider submitting a copy of a
current DHHS child care license for purposes of enrollment, the form or
document indicated by the asterisk (*) has been provided during the child care
licensing process under He-C 4002, and shall not be required to be resubmitted
during the enrollment process.
(y) An “X”
shown in Table 6912.1 shall mean that the provider shall submit the required
form or document indicated by the “X” during the enrollment process.
(z) DHHS shall
assign an enrolled child care provider a unique resource identification number
for each child care location to be used for child care scholarship payment.
(aa) An
enrolled child care provider shall notify DHHS in writing within 10 calendar
days of any change in the information provided on the enrollment forms, background
check, or criminal history record information authorization provided in Table
6912.1, except as stated in (ad) below.
(ab) A child
care provider who has changed or obtained a new tax identification number shall
report the new tax identification number to DHHS as required in (aa) above, and
submit an updated copy of the Form 1862, “Child Care Provider Enrollment Form”
(May 2020) and an updated “State of NH Alternate W-9 Form” (October 2016);
(ac) After DHHS
receives the information in (aa) above and forms documenting a change as
required in (ab) above, DHHS shall assign the provider a
new resource identification number.
(ad) An
enrolled child care provider shall be a vendor of child care services and shall
not be considered an employee of DHHS.
(ae) All
enrolled child care providers of child care scholarship shall notify DHHS
within 2 calendar days if the location of child care services changes.
(af) If a
license-exempt child care provider changes the location of child care services
from the child’s foster home or the foster parent’s private home, DHHS shall
not make payment until background checks required by He-C 6920.04 are completed
and received for all household members.
Source. #13064, eff 7-1-20
He-C 6912.12 Protective
Child Care - Maintaining Enrollment.
(a) In order to maintain enrollment, foster care
parents that are license-exempt child care providers shall:
(1) Be qualified to receive child care scholarship, as
described in, He-C 6912.11(a);
(2) Comply with all requirements in He-C 6912 and He-C
6446;
(3) Maintain a current foster care license;
(4) Provide
DHHS with a copy of any new or renewed foster care license issued within 10
days of issuance or receipt; and
(5) Not have
had any license issued through DHHS’s revoked.
(b) In order to maintain enrollment
license-exempt child care providers and employees providing supervision of
children or required to meet staff to child ratios shall:
(1) Be
qualified as stated in He-C 6912.11(a), or (b), or (c);
(2) Comply with
all the requirements of enrollment in He-C 6912.11;
(3) Complete a
minimum of 2 hours of annual professional development in at least one of the
training topics listed below and upload the documentation to the NH
Professional Registry, except for a licensed foster care provider who shall
comply with training requirements in accordance with He-C 6446:
a. Child
development;
b.
Health and safety or fire safety;
c. Caring for children with exceptionalities;
d.
Nutrition;
e.
Any child care related courses sponsored or funded by the department;
f.
Indoor and outdoor learning environments;
g.
Behavior guidance;
h.
Leadership, child care administration, or mentoring;
i.
Financial management;
j.
Working with families;
k.
Legal issues in child care;
l.
Child abuse and neglect; and
m.
Trauma-informed care;
(4) Complete
and upload documentation to the NH Professional Registry a minimum of 2 hours
of annual professional development in any of the health and safety topics
listed in He-C 6912.11 (g)(1)-(12), except for a licensed foster care provider
shall comply with training requirements in accordance with He-C 6446;
(5) Programs
operating less than 3 months shall comply with (4) above;
(6) Complete trainings, workshops, technical
assistance, or college courses allowed as professional development;
(7) Complete
and maintain current pediatric first aid and CPR certifications as required by
He-C 6912.11 (j)(1)-(3);
(8) Review and
comply with the child abuse and neglect reporting requirements of RSA
169-C:29-31;
(9) Review the
definition of serious injury He-C 6912.03(ai) and report any serious injury or
death that takes place in the child care setting during the child care
provider’s hours of operation as follows:
a.
In the event of a serious injury a license-exempt provider shall:
1. Notify the
parent(s) immediately;
2. Notify the
department within 48 hours; and
3. Provide a
written report of the nature and circumstances of the serious injury to DHHS
within 7 days; and
b.
If a child dies while in the care of a license-exempt child care
provider, the provider shall:
1. Notify
emergency personnel and the child’s parent(s) immediately;
2. Notify the
department of the death within 24 hours; and
3. Provide the
department with a written report detailing the circumstances which lead up to
the death within 72 hours;
(10) In
addition to the reporting requirements in (9)(a) and (b) above, upon request
provide the department with any other available information regarding the
serious injury or death;
(11) Comply
with the requirement of an annual announced monitoring visit by DHHS pursuant
to He-C 6916 and He-C 6917, except for a licensed foster care provider who
shall comply with monitoring requirements in accordance with He-C 6446;
(12) Schedule an annual
announced monitoring visit no later than 2 weeks after receiving contact from
DHHS to determine compliance with He-C 6916 and He-C 6917, except for a licensed foster care provider who shall
comply with monitoring requirements in accordance with He-C 6446;
(13) Complete
the professional development specified in (a)(3) and (4) above during each 12- month
period not to exceed the DHHS annual monitoring visit date, except for a
licensed foster care provider who shall comply with monitoring requirements in
accordance with He-C 6446; and
(14) Require
all child care employees hired after the DHHS provider enrollment date to
complete the professional development specified in (a)(3) and (4) above by the
end of each 12- month period based on the individual’s date of hire.
(c) In order to
maintain enrollment, licensed child care providers shall:
(1) Be
qualified to receive NH child care scholarship, as described in He-C
6912.11(c);
(2) Comply with
all requirements of enrollment in He-C 6912;
(3) Maintain a
current New Hampshire child care license, and be in good standing; and
(4) Provide
DHHS with a copy of any new or renewed NH child care license issued within 10
days of issuance or receipt.
Source. #13064, eff 7-1-20
He-C 6912.13 Protective
Child Care Renewal of Enrollment.
(a) Enrolled
child care providers shall renew their enrollment every 3 years from the date
of initial enrollment by completing, dating, signing, and submitting to DHHS
the forms and documents listed below, except for a licensed foster care
provider, who shall comply with requirements in accordance with He-C 6446:
(1) For licensed providers:
a. A copy of a valid New Hampshire child
care license or valid permit to operate in accordance with He-C 4002, and be in
good standing;
b.
A copy of any new or renewed child care license issued within 10 days of
issuance or receipt; and
c.
Form 1860 “Child Care Provider Agreement,” (May 2020), agreeing to the
requirements set forth in He-C 6912.06(b)(4)a.-af and as listed in Tables
6912.1;
(2) For license-exempt providers provide DHHS
with:
a.
A Form 2503 “DCYF Central Registry Name Search Authorization,” (October
2016) for the child care provider, all employees, or household members;
b. An updated
Form 2505 “Background Check Information and Authorization,” (February 2017)
certifying the following:
“I understand the Division for Children, Youth and
Families, Child Development Bureau will conduct a background check to include
but not limited to: NH State Police Criminal Records (age 18 and older);
Fingerprint-based criminal record check of the FBI national database (age 18
and older); check of the state and national sex offender registry and; a
central registry for child abuse and neglect check (12 years or older) for
every state lived in for the past 5 years. This is in accordance with RSA
170-E:3-a, 170-E;7 and federal laws (Adam Walsh Act and Megan’s Law), and is
required for all individuals who ae employed or volunteer for licensed-exempt
child care center, and who have contact with the children whose care I receive
child care reimbursement from the Department.
I understand that the Division for Children, Youth and
Families, Child Development Bureau shall check the National and State Sex
Offender Registries, the DCYF Central Registry Name Search and the NH State
Police Criminal Records and FBI database.
I understand that I am required to complete and submit
a notarized NH Health and Human Services Criminal History Records Information
Authorization (DSSP372) and a notarized DCYF Central Registry Name Search
Authorization (Form 2503) and that my name will be received against the
National and State Sex Offender Registries.
I understand that every member of my household,
employee or volunteer age 12 and older will submit a notarized DCYF Central
Registry Name Search Authorization (Form 2503) and their names will be reviewed
against the National and State Sex Offender Registries.
I understand that every member of my household,
employee or volunteer age 18 and older will submit a notarized NH Health and
Human Services Criminal Record Information Authorization (DSSP372).
I understand that I am required to complete and submit
any other background check information forms as required by any state that I
have lived in during the past 5 years.
I understand that every member of my household,
employee or volunteer age 18 and older is requested to complete and submit any
other background check information forms as required by any state that they
have lived in during the past five years.
I understand that I am required to complete and submit
a new Background Check Information Form (2505) and all required authorizations
on the first day that any information in this form changes. For example:
someone moves into your home or begins to have contact with children.
I certify that all information on this form is true
and complete. Providing falsified information may be grounds for denying
enrollment”; and
c.
A Form 1860 “Child Care Provider Agreement,” (May 2020), agreeing to the
requirements set forth in He-C 6912.06(b)(4)a.-af; and
(3)
Provide proof the child care provider or an authorized representative
has retaken the mandatory DHHS child
care scholarship training, except for a licensed foster care provider who shall
comply with requirements in accordance with He-C 6446.
(b) In addition
to (a)(2) above, license-exempt providers shall be in compliance with He-C
6912.12 (a) and (b).
(c) Renewal of
enrollment shall remain open when all required forms, records, and checks are
received by DHHS if the child care provider submitted all of the required forms
on or before the enrollment end date.
(d) Renewal of
enrollment shall close if DHHS does not receive all required forms prior to the
enrollment end date.
(e) Renewal of enrollment shall be completed as
of the date DHHS makes the determination and sends written notification of the
provider’s approval of re-enrollment.
Source. #13064, eff 7-1-20
He-C 6912.14 Access to Child Care Settings.
(a) An enrolled
child care provider shall allow a parent access to his or her child(ren) at all
times while the child(ren) is in the child care provider’s care, unless
allowing access is contrary to a court order or a court-ordered parenting plan.
(b) An enrolled
child care provider shall upon request, share information about a child’s needs
and progress with the parent or authorized DHHS staff, unless sharing
information with the parent is contrary to a court order.
(c) An enrolled
child care provider shall allow authorized DHHS staff to visit, during the time
a child receives child care, to observe the child to ensure the health or
safety of the child in the child care setting.
(d) An enrolled
child care provider shall allow authorized DHHS staff to visit during operating
hours when DCYF has received a complaint about a child’s health or safety in
the child care setting.
Source. #13064, eff 7-1-20
He-C
6912.15 Authorization Period.
(a) For
preventive child care scholarship the comprehensive family support agency shall
authorize no more than 4 months of preventive child care services at a time
using Form 1902 “Referral for Preventive Child Care Services,” ( June 2017).
(b) For protective
child care scholarship:
(1) The CPSW
shall authorize up to 6 months of child care services at a time; and
(2) If the
protective case closes prior to the end of the 6-month authorization period,
the parent(s) with a need for continued child care shall be referred to:
a. The
comprehensive family support agency to create a service plan that may include
the authorization of preventive child care scholarship; or
b. The district
office to apply for employment related child care scholarship.
Source. #13064, eff 7-1-20
He-C 6912.16 Child
Care Scholarship Payment for Preventive and Protective Care.
(a) The full
time child care weekly standard rates shall be established by the federally
required market rate survey (MRS) of New Hampshire licensed child care center
and licensed family child care home rates conducted every 2 years.
(b) Weekly standard rates shall be established for
licensed child care centers and licensed family child care homes at:
(1) The 60th
percentile of the most recent MRS for birth through 35 months; or
(2) The 55th
percentile of the most recent MRS for each age category.
(c) A weekly
standard rate for license-exempt child care home providers shall be established
at 70% of the licensed family child care home standard rate for each age
category.
(d) A weekly
standard rate for license-exempt child care centers shall be established at 50%
of the licensed child care center standard rate.
(e) The weekly
standard rate for licensed and license-exempt child care centers and license
and license-exempt family homes shall be proportioned from the full time weekly
standard rate for half time and part time child care.
(f) Preventive
child care scholarship payments shall be based on the child care scholarship
standard rate methodology pursuant to (a)-(e) above and a provider may charge
the difference between the weekly standard rate and the child care provider’s
actual charge.
(g) Protective
child care scholarship payments shall be based on the DHHS weekly standard rate
pursuant to (a) – (f) and a provider may
charge the difference between the weekly standard rate and the child care
provider’s actual charge.
(h) In addition
to the standard rates, a supplemental payment of $100.00 full time, $75.00 half
time, and $50.00 part time per week shall be paid for a child experiencing a
disability or significant special need(s) subject to the verification described
in He-C 6912.05(e) and He-C 6912.10 (b).
(i) The
supplemental payment in (h) above shall be effective the Monday following the
approval date on the Form 2690, “Verification for a Child Experiencing a
Disability or Significant Special Need(s)” (May 2020).
(j) When a
child’s age in months reaches the beginning of a new age category, that is,
0-17, 18-35, 36-78, or 79-155 months, the payment rate shall be changed
effective the Monday following the change in age category.
(k) The child
care scholarship payments established pursuant to He-C 6912.16 shall be
contingent upon the availability and continued appropriation of sufficient
funds for this purpose, and in no event shall DHHS be liable for any payments
hereunder in excess of such available appropriated funds.
Source. #13064, eff 7-1-20
He-C 6912.17 Denial,
Disqualification and Termination of Provider Enrollment.
(a) Licensed
and license-exempt child care providers shall be denied enrollment or re-enrollment
if:
(1) A
license-exempt protective child care provider fails to meet all the applicable
requirements of He-C 6912.11, He-C 6912.12, He-C 6912.13 and He-C 6920; or
(2) A licensed
preventive and protective child care provider fails to meet all of the
applicable requirements of He-C 6912.06, He-C 6912.07, He-C 6912.08, He-C
6912.11, He-C 6912.12, and He-C 6912.13.
(b) Enrollment
of licensed and license-exempt child care providers shall be terminated if:
(1) The child
care provider requests to have his or her enrollment terminated; or
(2) An enrolled
child care provider is not providing child care and has not received child care
payment from DHHS for the previous 12 consecutive months.
(c) Licensed
and license-exempt child care providers shall be disqualified from enrollment
if:
(1) The
enrolled child care scholarship provider is convicted of fraud by the court
pursuant to RSA 167:17-b;
(2) The
enrolled child care scholarship provider does not meet the criteria in (c)(1)
above, but has been found to have committed fraud by an investigation conducted
by DHHS pursuant to RSA 161:2, XV;
(3) DHHS
determines that the health or safety of a child is endangered as a result of:
a. The licensed
child care provider’s care, as described in RSA 170-E:4, II, RSA 170-E:7, and
He-C 4002.09(i)(1) through (11) ;
b. The
license-exempt child care provider’s care as described in RSA 170-E:4, II and
the provider fails to comply with the requirements of He-C 6920.08, and RSA
170:3-a ; or
c. The licensed foster care parent as described in RSA
170E:35 and the foster care parent fails to comply with the requirement of He-C
6446.29;
(4) The child
care provider is licensed, and the child care license, foster care license, or
permit was denied or revoked prior to or during the enrollment period;
(5) There has
been a disciplinary action taken by a licensing body in any state;
(6) The child
care provider has provided false or misleading statements to DHHS relating to
the requirements in He-C 6912;
(7) At any time
the child care provider has failed to disclose that any person in the household
has been convicted of a crime identified by the background checks or found to
have committed child abuse or neglect pursuant to RSA 169-C, or He-C 4002.09,
He-C 6920.04, and He-C 6446.26;
(8) The child
care provider has provided false or misleading billing documentation, pursuant
to He-C 6918.06;
(9) The child
care provider has failed to comply with any of the elements of the provider
agreement Form 1860, “Child Care Provider Agreement,” (May 2020) as required by
He-C 6912.06, He-C 6912.07, He-C 6912.08, He-C 6912.11, He- C 6912.12, and He-
C 6912.13;
(10) The child
care provider does not comply with He-C 6912, He-C 6914, He-C 6916, He-C 6917,
He-C 6918, He-C 6920, He-C 4002 for licensed child care providers, and He-C
6446 for licensed foster parents; or
(11) The child care provider has cared for a child in
a manner which endangers/endangered the health, safety, or welfare of the
child(ren), in violation of RSA 170-E:4, II.
(d) The child
care provider shall be disqualified immediately from enrollment and receive no
state funds under the child care scholarship program for a period of not less
than 5 years, if any of the following have occurred:
(1) The child
care provider has committed fraud, as defined in He-C 6912.03(v) in any program
administered by DHHS;
(2) The child
care provider has not been convicted of fraud, but DHHS has found the provider
has misrepresented information, or made repeated billing errors and failed to
comply with any corrective action relating to the billing errors;
(3) The child
care provider has had his or her child care license or permit revoked pursuant
to RSA 170-E:12, V;
(4) After an
investigation by DHHS pursuant to He-C 6920.07, the provider has been found to
be in violation of RSA 170-E:12, V and RSA 170-E:35;
(5) The child
care provider has billed for child care services provided by another provider
or person; or
(6) The child
care provider has billed for child care services while not in compliance with
child care licensing requirements of He-C 4002 or foster care parent licensing
requirements He-C 6446.
(e) The
opportunity for informal dispute resolution described by He-C 4002.11 shall not
apply to any provider who has been disqualified due to fraud as described in
(c) above.
(f) The child
care provider who has been disqualified in accordance with (d) above shall be
sent a letter from DHHS regarding the disqualification as follows:
(1) The letter
shall be sent via certified mail to the provider informing him or her of the
date of the disqualification;
(2) The letter
shall include the reason(s) for the disqualification; and
(3) The letter
shall include information about the provider’s right to appeal the disqualification
in accordance with He-C 200.
(g) DHHS shall
notify any parent, comprehensive family support agency, or CPSW who is
utilizing a provider authorized for payment for child care services pursuant to
He-C 6912 and He-C 6910 who has been disqualified by DHHS.
He-C 6912.18 Appeals.
(a) A child
care provider may appeal a decision made by DHHS within 30 calendar days of the
receipt of the notification when:
(1) The
application for enrollment has been denied;
(2) Payments
have been withheld;
(3) Enrollment
has been terminated or not renewed; or
(4) The child
care provider has been disqualified.
(b) The request
for an appeal shall be made in accordance with He-C 200.
(c) If the
child care provider files an appeal in accordance with He-C 200 within 15
calendar days from the date on the notification and requests continuation of a
child care scholarship, then a child care scholarship shall continue at the
established payment rate.
(d) If the
child care provider opted to continue to receive child care scholarship payment
during an appeal, and the decision is upheld by the hearings officer, the
provider shall repay to DHHS any payment made after the effective date on the
letter notifying the provider of his or her non-renewal or termination.
(e) If the
hearings officer finds in favor of the child care provider, then the
non-renewal or termination shall not take effect.
Source. #13064, eff 7-1-20
He-C 6912.19 Confidentiality.
(a)
Except for law enforcement agencies or in an administrative proceeding
against the applicant or enrolled programs, the department shall keep
confidential any information collected during an investigation, unless it
receives an order to release, destroy, or take any action relating to the
information from a court of competent jurisdiction.
(b)
Programs shall keep confidential all records required by the department
pertaining to the admission, progress, health, and discharge of children under
their care and all facts learned about children and their families with the
following exceptions:
(1) Programs
shall allow the department access to all records that programs are required by
department rule or state statute to keep, and to such records as necessary for
the department to determine staffing patterns and staff attendance; and
(2) Programs
shall release information regarding a specific child only as directed by a
parent of that child, or upon receipt of written authorization to release such
information, signed by that child’s parent.
(c)
Programs shall discuss or share information regarding the admission,
progress, behavior, health, or discharge of a child with the child’s parent(s)
in a manner that protects and maintains confidentiality for both the child and
the child’s parent(s).
Source. #13064, eff 7-1-20
He-C 6912.20 Waiver of Rules.
(a) Providers
who request a waiver of a requirement in He-C 6912 shall submit a written
request to DHHS, which includes the following information:
(1) The program
name, address, phone number, and Bridges resource ID number assigned by the
department;
(2) The
specific reference to the section of the rule for which a waiver is being
requested;
(3) An
explanation of why a waiver is necessary, the length of time, not to exceed 92
calendar days, for which the waiver is requested, and any effect the granting
of the waiver will have on the health or safety of the children in the program;
(4) The number
and age range of children who will be affected by the waiver;
(5) A written plan to achieve compliance with the rule
or explaining how the provider will satisfy the intent of the rule, if the
waiver is granted;
(6) The
signature of the enrolled child care provider; and
(7) The
signature of the parent or copy of a notice which has been shown to, or mailed
to each parent, explaining the waiver request and informing the parent that
they may call the department if they have any concerns about the requested
waiver.
(b) A waiver
shall be granted to the child care provider if the department determines that:
(1) Deviation
from compliance with the rule from which the waiver is sought does not
contradict the intent of the rule or conflict with statute; and
(2) The
alternative proposed ensures that the object or intent of the rule will be
accomplished.
(c) When a
waiver is approved, the program’s subsequent compliance with the alternatives
approved in the waiver shall be considered equivalent to complying with the
rule from which waiver was sought.
(d) The
department shall not approve any request for a waiver of any of the provisions
relevant to state or federal law or any rules of other state agencies which are
referred to in this chapter.
(e) A waiver
request shall be denied when any of the following occurs:
(1) The
department finds that approval of the requested waiver will jeopardize the
health or safety of children;
(2) The
department finds that approval of the requested waiver will impair the
program’s ability to adequately care for children; or
(3) The
departments finds that approval of the requested waiver will impair the
operations of the program.
(f) A waiver
shall be granted in writing for the length of time requested in (a)(3) above
from the date the waiver was granted.
Source. #13064, eff 7-1-20
PART He-C 6913 - RESERVED
PART He-C 6914
CHILD CARE PROVIDER ENROLLMENT REQUIREMENTS
He-C 6914.01 Purpose. The purpose of this part is to
identify the requirements to become a
child care provider of licensed and license-exempt child care services for the
department of health and human services (DHHS).
Source. #12223, eff 7-10-17; ss by
#13065, eff 7-1-20
He-C 6914.02 Scope.
This part shall apply to licensed and license-exempt child care
providers who receive financial reimbursement from the DHHS for those families utilizing
employment related, preventive, or protective child care services.
Source. #12223, eff 7-10-17; ss by
#13065, eff 7-1-20
He-C 6914.03 Definitions.
(a) “Agency” means the board of directors,
executive director, and employees of an organization that is incorporated and recognized by
the NH secretary of state.
(b) “Caretaker relative” means a specified
relative as defined in RSA 167:78, III, namely “a specified relative, other
than a parent, who provides care and parental control to a dependent child.”
(c) “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 U.S.C. 671(a)(16) and 42 U.S.C.
675(5)(a)-(d) state plan for foster care and adoption assistance.
(d) “Child care” means the act of providing safe and healthy care, including
supervision, food, activity, and rest for a child for any portion of a 24-hour
day, in order to promote healthy child development.
(e) “Child care provider” means a provider of non-residential
child care services, including center-based, family-based, and in-home child
care services, for compensation that is legally operating under state law, and
complies with applicable state and local requirements for the provision of
child care services.
(f) “Child care scholarship” means payment to a
child care provider on behalf of a family who meets the eligibility criteria of
He-C 6910 and He-C 6912.
(g) “Commissioner” means the commissioner of the New Hampshire
DHHS or designee.
(h) “Conflict
of interest” means “conflict of interest” as defined in RSA 21-G:21, II.
(i) “Department (DHHS)” means the department of
health and human services of the state of New Hampshire.
(j) “Employee”
means any individual who is employed by a child care provider
for compensation or anyone whose activities involve the care or supervision of
children for a child care provider or have unsupervised access to children.
(k) “Employment related activities” means participation in
an approved activity that is designed to assist parent(s) to enter, re-enter,
or remain in the workforce as described in He-C 6910.07(e).
(l) “Enrolled child care provider” means a child
care provider who has met the requirements found in He-C 6914 and is authorized to
receive payment for services from DHHS.
The term includes the definition of “registered provider” pursuant to
RSA 170-E:6-a.
(m) “Family” means a child(ren) and an adult(s)
who reside in the same household and who have a birth, foster, step, adoptive,
legal guardianship, or caretaker relative relationship.
(n) “Foster parent” means an individual who has a
license or permit for foster family care pursuant to He-C 6446.
(o) “Fraud” means “fraud” as defined in RSA
167:58, IV.
(p) “Friend or neighbor provider” means a
provider who cares for any number of his or her own children, whether related
biologically or through adoption, and up to 3 additional children regularly for
any part of the day, but less than 24 hours.
(q) “Good standing” means
licensed child care providers are not in violation of He-C 4002.
(r) “Legal guardian” means an individual who is
given legal authority by a court and charged with the duty to provide care,
custody, and supervision of the child(ren).
(s) “Licensed” means a child care provider has
been issued a license to operate by the commissioner of DHHS, in accordance
with RSA 170-E, or has been issued a license to legally operate as a child care
provider in accordance with the licensing requirements of a state neighboring
New Hampshire.
(t) “License-exempt facility-based program” means
” a license-exempt child care provider
pursuant to RSA 170-E:3, I (f) and (g).
(u) “License –
exempt in home provider” means a person who is:
(1) Providing
child care in a private home;
(2) Exempt from
licensure pursuant to RSA 170-E:3; and
(3) Either a
relative provider or a friend or neighbor provider.
(v) “NH Bridges” means the automated case management,
information, tracking, and reimbursement system used by DHHS.
(w) “Notification” means a written or printed
document that advises:
(1) Families
of:
a. The results
of eligibility determinations; and
b. Other
changes in child care scholarship; or
(2) Providers
of:
a. Changes to a
family’s child care scholarship, as applicable;
b. The
maintenance of the child care provider’s enrollment status; and
c. Other
information related to the child care provider’s compliance with these rules.
(x) “Parent” means an individual who has a birth,
adoptive, or step-parent relationship to the child(ren), a foster parent
as defined in (n) above, a legal guardian as defined in (r) above, or a
caretaker relative as defined in (b) above.
(y) “Relative
provider” means a provider who only cares for his or her children, children
related to the provider, and children residing with the provider.
(z) “Serious injury” means any injury that occurs
to a child while receiving child care services from a licensed or
license-exempt child care provider that requires medical treatment by a
physician or other health care professional, hospitalization, or CPR performed
on the child while the child is in care.
Source. #12223, eff 7-10-17; ss by
#13065, eff 7-1-20
He-C 6914.04 Employment
Related Child Care Provider Qualifications and Requirements for Enrollment.
(a) To be eligible to be enrolled, a child care
provider shall meet the following qualifications:
(1) Be 18 years
of age or older;
(2) Meet the
definition of licensed pursuant to He-C 6914.03(r) or the definition of
license-exempt pursuant to He-C 6914.03(s) and (t);
(3) Maintain liability insurance or provide a
disclosure to parents that the program is uninsured pursuant to RSA 170-E:6-b;
(4) Review and
comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA
169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;
(5) The child
care provider and his or her employees shall not have a conflict of interest;
(6) Not be the
parent of a child for whom he or she is providing care unless the child is
receiving protective child care provided by a licensed foster parent as
approved by DHHS;
(7) Not be a
member of the same residence as the parent or child(ren) receiving child care
scholarship unless:
a. The
child(ren) is in foster care and receiving protective child care scholarship;
and
b. Where the
“residence” is a dwelling which:
1. Has a
separate bathroom and kitchen;
2. Has a
separate entrance and mailing address; and
3. For which
there are independent living expenses including one or more of the following:
(i) Electricity
billing statement for the address identified in b. above;
(ii) Gas or oil
billing statement for the address identified in b. above; or
(iii) A lease agreement stating that any of above costs are included in
the payment of rent;
(8) If
license-exempt shall:
a. If home
based:
1. Submit to an
annual announced monitoring visit as defined in He-C 6916.03(l) prior to DHHS
enrollment; and
2. Comply with
all the minimum standards for health and safety as required by He-C 6916; or
b. If facility
based:
1. Submit to an
annual announced monitoring visit as defined in He-C 6917.03(n); and
2. Comply with
the minimum standards for health and safety as required by He-C 6917;
(9) Not have
had any permit or license issued through DHHS’s child care licensing unit
revoked; and
(10) If
licensed, have a valid New Hampshire child care license or valid permit to
operate in accordance with He-C 4002, and be in good standing.
(b) In addition to being qualified under He-C
6914.04(a) above, a child care provider seeking to be enrolled shall submit to
DHHS the following documentation for each child care location:
(1) If a
licensed child care provider:
a. A copy of
the provider’s current child care license issued by DHHS’s child care licensing
unit;
b. “State of
New Hampshire Alternate W-9 Form,” (October 2016);
c. Form 1862
“Child Care Provider Enrollment,” (May 2020); and
d. Form 1860
“Child Care Provider Agreement,” (May 2020);
(2) If a
license-exempt family child care provider:
a. A completed,
signed, and notarized Form 2503 “DCYF Central Registry Name Search
Authorization,” (October 2016);
b. “State of
New Hampshire Alternate W-9 Form,”(October 2016);
c. Form 1862
“Child Care Provider Enrollment,” (May 2020);
d. Form 1860
“Child Care Provider Agreement,” (May 2020); and
e. Form 2505 “A
Background Check Information and Authorization,” (February 2017) certifying the
following:
“I understand the Division for Children, Youth and
Families, Child Development Bureau will conduct a background check to include
but not limited to: NH State Police Criminal Records (age 18 and older);
Fingerprint-based criminal record check of the FBI national database (age 18
and older); check of the state and national sex offender registry; and a
central registry for child abuse and neglect check (12 years or older) for
every state lived in for the past 5 years. This is in accordance with RSA
170-E:3-a, 170-E:7 and federal laws (Adam Walsh Act and Megan’s Law), as is
required for all individuals who reside in my home, and other individuals not
living in the home who have contact with the children for whose care I receive
child care reimbursement from the Department.
I understand that the Division for Children, Youth and
Families, Child Development Bureau shall check the National and State Sex
Offender Registries, the DCYF Central Registry Name Search and the NH State
Police Criminal Records and FBI database.
I understand that I am required to complete and submit
a notarized NH Health and Human Services Criminal History Records Information
Authorization (DSSP372) and a notarized DCYF Central Registry Name Search
Authorization (Form 2503) and that my name will be received against the
National and State Sex Offender Registries.
I understand that every member of my household,
employee or volunteer age 12 and older will submit a notarized DCYF Central
Registry Name Search Authorization (Form 2503) and their names will be reviewed
against the National and State Sex Offender Registries.
I understand that every member of my household,
employee or volunteer age 18 and older will submit a notarized NH Health and
Human Services Criminal Record Information Authorization (DSSP372).
I understand that I am required to complete and submit
any other background check information forms as required by any state that I
have lived in during the past 5 years.
I understand that every member of my household,
employee or volunteer age 18 and older is requested to complete and submit any
other background check information forms as required by any state that they
have lived in during the past five years.
I understand that I am required to complete and submit
a new Background Check Information Form (2505) and all required authorizations
on the first day that any information in this form changes. For example:
someone moves into your home or begins to have contact with children.
I certify that all information on this form is true
and complete. Providing falsified information may be grounds for denying
enrollment.”; or
(3) If a
license-exempt center child care provider as defined in RSA 170-E:3, I(a), (b),
(f), and (g):
a. A completed,
signed, and notarized Form 2503 “DCYF Central Registry Name Search
Authorization,” (October 2016);
b. “State of
New Hampshire Alternate W-9 Form,”(October 2016);
c. Form 1862
“Child Care Provider Enrollment,” (May 2020);
d. Form 1860
“Child Care Provider Agreement,” (May 2020); and
e. Form 2505 “A
Background Check Information and Authorization,” (February 2017) certifying the
following:
“I understand the Division for Children, Youth and
Families, Child Development Bureau will conduct a background check to include
but not limited to: NH State Police Criminal Records (age 18 and older);
Fingerprint-based criminal record check of the FBI national database (age 18
and older); check of the state and national sex offender registry and; a
central registry for child abuse and neglect check (12 years or older) for
every state lived in for the past 5 years. This is in accordance with RSA
170-E:3-a, 170-E;7 and federal laws (Adam Walsh Act and Megan’s Law), and is
required for all individuals who ae employed or volunteer for licensed-exempt
child care center, and who have contact with the children whose care I receive
child care reimbursement from the Department.
I understand that the Division for Children, Youth and
Families, Child Development Bureau shall check the National and State Sex
Offender Registries, the DCYF Central Registry Name Search and the NH State
Police Criminal Records and FBI database.
I understand that I am required to complete and submit
a notarized NH Health and Human Services Criminal History Records Information
Authorization (DSSP372) and a notarized DCYF Central Registry Name Search
Authorization (Form 2503) and that my name will be received against the
National and State Sex Offender Registries.
I understand that every member of my household,
employee or volunteer age 12 and older will submit a notarized DCYF Central
Registry Name Search Authorization (Form 2503) and their names will be reviewed
against the National and State Sex Offender Registries.
I understand that every member of my household,
employee or volunteer age 18 and older will submit a notarized NH Health and
Human Services Criminal Record Information Authorization (DSSP372).
I understand that I am required to complete and submit
any other background check information forms as required by any state that I
have lived in during the past 5 years.
I understand that every member of my household,
employee or volunteer age 18 and older is requested to complete and submit any
other background check information forms as required by any state that they
have lived in during the past five years.
I understand that I am required to complete and submit
a new Background Check Information Form (2505) and all required authorizations
on the first day that any information in this form changes. For example:
someone moves into your home or begins to have contact with children.
I certify that all information on this form is true
and complete. Providing falsified information may be grounds for denying
enrollment”.
(c) Each licensed and license-exempt child care
provider and their employees shall create an account in the “NH Professional
Registry” at: https://nhportal.naccrraware.net/nh/
and shall submit proof that the provider and employee has completed the
mandatory DHHS NH child care scholarship program training.
(d) All license-exempt child care providers shall
complete and submit, at the time of the live scan fingerprint appointment
notarized Form DSSP372 “New Hampshire Health and Human Services Criminal
History Record Information Authorization,” (10/1/16) once every 5 years
authorizing DHHS to receive fingerprint and criminal background checks for the
provider and all household members as identified in He-C 6920.04(a):
(1) For a license-exempt family provider, the
child care provider and all household members when child care is provided in
the child care provider’s own home;
(2) For a license-exempt family provider, the
child care provider only, when child care is provided in the child’s own home;
or
(3) For license-exempt center child providers,
the provider and all employees.
(e) Each license-exempt child care provider and
each employee providing supervision of children or required to meet staff to
child ratios, shall submit proof according to (k) below that the provider and
employee has completed a minimum of 6 hours of training in all required health
and safety topics listed below:
(1) Prevention and control of infectious
diseases;
(2) Prevention of sudden infant death syndrome
and use of safe sleeping practices;
(3) Administration of medication, consistent with
standards for parental consent;
(4) Prevention of and response to emergencies due
to food and allergic reactions;
(5) Building and physical premises safety,
including identification of and protection from hazards that can cause bodily
injury such as electrical hazards, bodies of water, and vehicular traffic;
(6) Prevention of shaken baby syndrome and
abusive head trauma;
(7) Recognizing and reporting child abuse and
neglect;
(8) Emergency preparedness and response planning;
(9) Handling and storage of hazardous materials
and the appropriate disposal of biocontaminants;
(10) For providers offering transportation,
appropriate precautions in transporting children; and
(11) Child
development, birth through 12 years.
(f) A license exempt child care provider and each
employee working for programs operating 4 months or less, such as a summer or
recreational program, who has completed the health and safety requirements
listed in He-C 6914.04(e)(1)-(11) must complete a minimum of 2 hours of
professional development in any of the health and safety topics listed in He-C
6914.04(e)(1)-(11).
(g) Child care programs that serve only children
attending part day kindergarten or full-day public school shall be exempt from
He-C 6914.04 (e)(2) and (6).
(h) Each license-exempt child care provider and
employee providing supervision of children or required to meet staff to child
ratios, shall submit proof according to (k) below to DHHS that the provider and
each employee has current certification in:
(1) Pediatric cardiopulmonary resuscitation (CPR)
which shall include instruction in CPR and foreign body airway obstruction
management for infants and children by the American Red Cross, American Heart
Association, Emergency Care and Safety Institute, National Safety Council, or
other nationally recognized organization; and
(2) Pediatric first aid.
(i)
CPR and first aid training as specified in (h)(1) and (h)(2) above may
be taken via correspondence or online, provided a skill test is performed in person prior to becoming
certified.
(j) Each license-exempt provider and employee
shall obtain documentation of successful completion of the training in (e)
above that includes the following:
(1) The title of the training completed;
(2) The name of the organization offering the
training;
(3) The name of the trainer, if applicable;
(4) The name of the employee completing the
training;
(5) The date on which the training was completed;
and
(6) The duration of the training.
(k) Each license-exempt child care provider and
employee shall upload documentation in (e) and (h) above to the “NH
Professional Registry” located at: https://nhportal.naccrraware.net/nh/.
(l) Each license-exempt child care provider and
employee, shall complete the required health and safety training and
certification in (e) and (h) as follows:
(1) Each newly enrolling license-exempt child
care provider and employee shall complete required training prior to
enrollment;
(2) Each new employee of a currently enrolled
license-exempt center provider shall complete the required training within 90
days from the start of employment; and
(3) Each new employee of a currently enrolled
license-exempt center child care provider initially hired for 4 months or less
or hired in a license-exempt center offering child care services for 4 months
or less, such as a summer or recreational program, shall complete the required
training within 2 weeks of the start of employment.
(m) Each license-exempt child care provider shall
schedule
an annual announced monitoring visit no later than 2 weeks after receiving contact from DHHS to determine compliance with He-C
6916 and He-C 6917 except when:
(1) The child(ren) cared for in the child’s home
with no additional children are not related to the child(ren); or
(2) The child(ren)
cared for by a relative with no additional children are not related to the
child(ren) or provider.
(n) If the license-exempt child care provider is
exempt from (m) above, the provider and where applicable, the parent, shall
complete and submit to DHHS Form 2692 “Health and Safety Self Certification”
(May 2020) certifying the following:
“The home has working smoke detectors and fire
extinguishers on all floors.
The child care provider does not use corporal
punishment. Corporal punishment means the use of physical force, physical
restraint, or physical actions against a child as a means of discipline.
The child care provider will allow the parent or
guardian unlimited access to the children while in his/her care.
The child care provider must be free of communicable
diseases; be physically able and mentally capable of caring for the children.
The home has been checked (including indoor care areas
and yard, and is safe for children. Children are protected from dangers such as
standing bodies of water including pools and spas, electrical outlets, stairs,
poisonous materials, medications, guns, and ammunition. A self-assessment
checklist is available at http://nh.childcareaware.org/wp-content/uploads/2018/09/LE-FFN-Self-Check-List.pdf.
The provider has access to a telephone communications
and emergency telephone numbers are readily accessible.
Provider’s Statement: I certify all information
provided and contained on this form are true and accurate to the best of my
knowledge. If I am providing child care to a related child in my home, I
certify that my home meets the basic health and safety requirements listed in
Section 3. I understand that health and safety training resources are available
at www.nh.childcareaware.org.
Parent/Guardian’s Statement: I have approved the
person named on this form to care for my children. I understand all information
provided and contained on this form are true and accurate to the best of my
knowledge. I understand that it is my responsibility to make sure the child
care provided to my children and the place where care is provided is safe. I
understand that the State of NH will not monitor the safety of the child care
provided. I take full responsibility for the child care provided by this child
care provider.”
(o) A child care provider shall complete and
submit to DHHS all forms and attachments specified in this section.
(p) The child care provider shall submit the
applicable forms and documentation listed in this section by mail to:
Department of Health
and Human Services
Bureau of Child
Development and Head Start Collaboration
129 Pleasant Street
Concord, NH 03301
(q) If there are forms or required documentation
missing, DHHS shall notify the provider in writing of the items required before
the enrollment can be processed.
(r) The enrollment process shall be considered
complete when:
(1) All forms and attachments specified in this
section are submitted to DHHS, including any signatures required on such forms;
and
(2) If applicable, the DHHS announced monitoring
visit referenced in (m) above, has been conducted by the child care licensing
unit (CCLU).
(s) The enrollment date shall be effective the
date the DHHS announced monitoring visit was conducted and deemed to meet the
requirements of He-C 6916 or He-C 6917, except license exempt providers
pursuant to (m) (1) and (2) above, the effective date shall be when all forms
and attachments specified in this section are submitted to DHHS, including Form
2692 “Health and Safety Self Certification” (May 2020).
(t) DHHS shall review all background checks
received for child care providers, employees, and household members. If a criminal background check shows the
existence of a finding or a conviction DHHS shall conduct an investigation
pursuant to He-C 6920.07 to determine whether the individual poses a threat to
the safety of children pursuant to RSA 170-E:7 and whether the enrollment
should be denied.
(u) The forms and documents in (r) above and the
results of the background determination in (t) above shall be reviewed by DHHS
to determine whether the provider meets all of the qualifications and
requirements for enrollment under He-C 6914.
(v) The enrollment process shall be complete as
of the date DHHS makes the determination in (u) above and sends the written
notification of the provider’s approval or denial of enrollment. A child care provider shall not be eligible
to receive payment prior to the date indicated in the written notification.
(w) If approved, enrollment shall continue for a
period of 3 years from the date on the written verification.
(x) All forms and documentation applicable to the
child care provider shall be submitted according to Table 6914.1 below:
Table
6914.1
Forms and
Documentation Required for Enrollment
|
Employment
Related Child Care |
|
Form or
Document |
Licensed |
License-Exempt |
Copy of current N.H. child care license |
X |
|
Form 1860 “Child Care Provider Agreement” (April 2020 ) |
X |
X |
Form 1862
“Child Care Provider Enrollment Form” (April 2020) |
X |
X |
“State of NH Alternate W-9 Form” (October 2016) |
X |
X |
“Form 2503 DCYF Central Registry Name Search
Authorization” (October 2016)
|
* |
X |
Form 2505 “Background Check Information and
Authorization” (February 2017) |
* |
X |
DSS P372 “NH Health and Human Services Criminal
History Record Information Authorization” (10/1/16) |
* |
X |
Health and Safety Training Documentation |
* |
X |
First Aid Certification for Pediatric |
* |
X |
Pediatric CPR Certification |
* |
X |
(y) An asterisk shown in Table 6914.1 shall mean
that for the providers submitting a copy of a current N.H. child care license
during enrollment, the form or document indicated by the “*” has been provided
during the child care licensing process under He-C 4002, and is not required to
be resubmitted during the enrollment process.
(z) An “X” shown in Table 6914.1 shall mean that
the provider shall submit the required form or document indicated by the “X”
during the enrollment process.
(aa) DHHS shall assign an enrolled child care
provider a unique resource identification number for each child care location
to be used for child care scholarship payment.
(ab) An enrolled child care provider shall notify
DHHS in writing within 10 calendar days of any change in the information
provided on the enrollment forms, background check or criminal history record
information provided in Table 6914.1, except as stated in (af) below.
(ac) A child care provider who has changed or
obtained a new tax identification number shall report the new tax
identification number to DHHS as required in (ab) above and complete and submit
a copy of the Form 1862, “Child Care Provider Enrollment Form” (May 2020) and
“State of New Hampshire Alternate W-9 Form, ”(October 2016);
(ad) After DHHS receives the information and forms
documenting a change as required in (ac) above, DHHS shall assign the provider
a new resource identification number as described in (ab) above.
(ae) If a child care provider has had his or her
child care license under He-C 4002 denied or suspended, DHHS shall review the
documentation of the license denial or suspension from the DHHS child care
licensing unit, to determine if the child care provider meets the
qualifications of a license-exempt provider in accordance with He-C 6914 and
RSA 170-E:12.
(af) An enrolled child care provider shall be a
vendor of child care services and shall not be considered an employee of DHHS.
(ag) All enrolled child care providers of child
care scholarship shall notify DHHS within 2 calendar days if the location of
child care services changes.
(ah) If a license-exempt child care provider
changes the location of child care services from the child’s own home to the
provider’s private home, DHHS shall not make payment until background checks
required by He-C 6920.04 are completed and received for all household members.
Source. #12223, eff 7-10-17; amd by
#12536, eff 5-24-18; ss by #13065, eff 7-1-20
He-C
6914.05 Employment Related Child Care
- Maintaining Enrollment.
(a) In order to maintain enrollment
license-exempt child care providers and employees providing supervision of
children or required to meet staff to child ratios shall:
(1) Be qualified as stated in He-C 6914.04(a);
(2) Comply with all the requirements of
enrollment in He-C 6914.04;
(3) Complete a minimum of 2 hours of annual
professional development in at least one of the training topics listed below
and upload documentation to the NH Professional Registry:
a.
Child development;
b.
Health and safety or fire safety;
c.
Caring for children with exceptionalities;
d.
Nutrition;
e.
Any child care related courses sponsored or funded by the department;
f.
Indoor and outdoor learning environments;
g. Behavior guidance;
h.
Leadership, child care administration, or mentoring;
i.
Financial management;
j.
Working with families;
k.
Legal issues in child care;
l.
Child abuse and neglect; and
m. Trauma-informed care;
(4) Complete a minimum of 2 hours of annual
professional development in any of the health and safety topics listed in He-C
6914.04(e)(1)-(11) and upload the documentation to the NH Professional Registry;
(5) Complete the professional development
specified in (a)(3) and (4) above during each 12-month period prior to the DHHS
annual monitoring visit date;
(6) Complete, for programs operating 4 months or
less, a minimum of 2 hours of professional development in any of the health and
safety topics listed in He-C 6914.04(e)(1)-(11) in lieu of the training
requirements in He-C 6914.05(a)(3)-(4);
(7) Shall be permitted to
complete trainings, workshops, technical assistance, or college courses as
professional development;
(8) Complete and maintain current pediatric first
aid and CPR certifications as required by He-C 6914.04(h);
(9) Complete, every 5 years, a live scan
fingerprint appointment, and at the time of the live scan finger print
appointment, complete and submit notarized Form DSSP372 “New Hampshire Health
and Human Services Criminal History Record Information Authorization,”
(10/1/16) pursuant to He-C 6914.04 (d)(1)-(3);
(10) Review and comply with the child abuse and
neglect reporting requirements of RSA 169-C:29-31;
(11) Review the definition of serious injury He-C
6914.03(x) and report any serious injury or death that takes place in the child
care setting during the child care provider’s hours of operation as follows:
a.
In the event of a serious injury a license-exempt provider shall:
1. Notify the
parent(s) immediately;
2. Notify the
DHHS within 48 hours; and
3. Provide a
written report of the nature and circumstances of the serious injury to DHHS
within 7 days; and
b.
If a child dies while in the care of a license-exempt child care
provider, the provider shall:
1. Notify
emergency personnel and the child’s parent(s) immediately;
2. Notify the
department of the death within 24 hours; and
3. Provide the
department with a written report detailing the circumstances which lead up to
the death within 72 hours;
(12) Provide DHHS with any other available
information, as requested, regarding a serious injury or death reported
described in (10) above;
(13) Comply with the requirements of He-C
6914.04(m) and (n); and
(14) Schedule an annual announced monitoring visit
no later than 2 weeks after receiving contact from DHHS to determine compliance
with He-C 6916 and He-C 6917, except for
He-C 6914.04(m) (1) or (2).
(b) In
order to maintain enrollment, licensed child care providers shall:
(1) Be qualified to receive NH child care
scholarship, as described in He-C 6914.04(a);
(2) Comply with all requirements of enrollment in
He-C 6914;
(3) Maintain a current New Hampshire child care
license and be in good standing; and
(4) Provide DHHS with a copy of any new or renewed
NH child care license issued within 10 days of issuance or receipt.
(c) All
enrolled child care providers of child care scholarship shall notify DHHS
within 2 calendar days if the location of child care services changes and complete
and submit the following:
(1) If a licensed child care provider, a copy of
the provider’s current child care license issued by DHHS’s child care licensing
unit, “State of New Hampshire Alternate W-9 Form” (October 2016), and Form 1862
“Child Care Provider Enrollment” (May 2020); or
(2) If a license-exempt child care provider,
schedule an annual announced monitoring visit no later than 2 weeks after
receiving contact from DHHS to determine compliance with He-C 6916 and He-C 6917, “State of New Hampshire Alternate W-9 Form,” (October
2016), and Form 1862 “Child Care Provider Enrollment,” (May 2020).
Source. #12223, eff 7-10-17; ss by
#12536, eff 5-24-18; ss by #13065, eff 7-1-20
He-C 6914.06 Employment
Related Child Care Renewal of Enrollment.
(a) Enrolled
child care providers shall renew their enrollment every 3 years from the date
of their previous enrollment, by submitting to DHHS the following:
(1) For licensed providers:
a. A valid New Hampshire child care license or
valid permit to operate in accordance with He-C 4002, and be in good standing;
b.
A copy of any new or renewed child care license issued within 10 days of
issuance or receipt; and
c. Form 1860
“Child Care Provider Agreement,” (May 2020) as listed in Table 6914.1;
(2) For license-exempt providers:
a.
Form 2503 “DCYF Central Registry Name Search Authorization,” (May 2020) for the child care provider, all
employees, or household members;
b.
An updated Form 2505 “Background Check Information and Authorization,”
(February 2017);
c.
Form 1860 “Child Care Provider Agreement” (May 2020); and
d. Form 2692 “Health and Safety
Self-Certification”; and
(3) Provide proof the child care provider or an
authorized representative has retaken the
mandatory DHHS NH child care scholarship training.
(b) In addition
to (a)(2) above, license-exempt providers shall be in compliance with He-C
6914.05(a).
(c) Renewal of
enrollment shall remain open when all required forms, records, and checks are
received by DHHS on or before the enrollment end date referenced in (a) above.
(d) Renewal of
enrollment shall close if all required forms are not received by DHHS prior to
the enrollment end date referenced in (a) above.
(e) Renewal of
enrollment shall be completed as of the date DHHS makes the determination and
sends written notification of the provider’s approval of re-enrollment.
Source. #12223, eff 7-10-17; ss by
#13065, eff 7-1-20
He-C 6914.07 Access
to Child Care Settings.
(a) An enrolled
child care provider shall allow a parent access to his or her child(ren) at all
times while the child(ren) is in the child care provider’s care, unless
allowing access is contrary to a court order or a court-ordered parenting plan.
(b) An enrolled
child care provider shall upon request, share information about a child’s needs
and progress with the parent or authorized DHHS staff, unless sharing
information with the parent is contrary to a court order.
(c) An enrolled
child care provider shall allow authorized DHHS staff to visit, during the time
a child receives child care, to observe the child to ensure the health or
safety of the child in the child care setting.
(d) An enrolled
child care provider shall allow authorized DHHS staff to visit during operating
hours when DCYF has received a complaint about a child’s health or safety in
the child care setting.
Source. #12223, eff 7-10-17; ss by
#13065, eff 7-1-20
He-C
6914.08 Denial, Disqualification, and
Termination of Provider Enrollment.
(a) Licensed and license-exempt child care providers
shall be denied enrollment or re-enrollment if:
(1) A license-exempt child care provider fails to
meet all the applicable requirements of He-C 6914.04, He-C 6914.05, He-C
6914.06, and He-C 6920; or
(2) A licensed child care provider fails to meet all
of the applicable requirements of He-C 6914.04, He-C 6914.05, and He-C 6914.06.
(b) Enrollment of licensed and license-exempt
child care providers shall be terminated if:
(1) The child care provider requests to have his
or her enrollment terminated;
(2) An enrolled child care provider is not
providing child care and has not received child care payment from DHHS for the
previous 12 consecutive months;
(3) An enrolled child care provider does not
comply with He-C 6910, He-C 6912, He-C 6914, He-C 6916, He-C 6917, He-C
6918,and He-C 6920; or
(4) An enrolled child
care provider has cared for a child in a manner which endangers/endangered the
health, safety or welfare of the child(ren), in violation of RSA 170-E:4, II.
(c) Licensed and license-exempt child care
providers shall be disqualified from enrollment if:
(1) The enrolled child care provider is convicted
of fraud by the court pursuant to RSA 167:17-b;
(2) The enrolled child care provider does not
meet the criteria in (c)(1) above, but has been found to have committed fraud
by an investigation conducted by DHHS pursuant to RSA 161:2, XV;
(3) DHHS determines the health or safety of a
child is endangered as a result of:
a. The licensed
child care provider’s care, as described in RSA 170-E:4, II, RSA 170-E:7, He-C
4002.09(i)(1) through (11); or
b. The
license-exempt child care provider’s care as described in RSA 170-E:4, II and
the provider fails to comply with the requirements of He-C 6920.08, and RSA
170:3-a;
(4) The child care provider is licensed, and the
child care license or permit was denied or revoked prior to or during the
enrollment period;
(5) There has been a disciplinary action taken by
a licensing body in any state;
(6) The child care provider has provided false or
misleading statements to DHHS relating to the requirements in He-C 6914;
(7) At any time
the child care provider has failed to disclose that any person in the household
has been convicted of a crime identified by the background checks or found to
have committed child abuse or neglect pursuant to RSA 169-C, He-C 4002.09, or
He-C 6920.04;
(8) The child care provider has provided false or
misleading billing documentation, pursuant to He-C 6918.06; or
(9) The child care provider has failed to comply
with any of the elements of the provider agreement Form 1860, “Child Care
Provider Agreement,” (May 2020) as required by He-C 6914.04, He-C 6914.05, or
He-C 6914.06 as applicable.
(d) The child care provider shall be disqualified
immediately from enrollment and receive no state funds under the child care
scholarship program for a period of not less than 5 years, if any of the
following have occurred:
(1) The child care provider has committed fraud,
as defined in He-C 6914.03(o), in any program administered by DHHS;
(2) The child care provider has not been
convicted of fraud, but DHHS has found the provider has misrepresented
information or made repeated billing errors and failed to comply with any
corrective action relating to the billing errors;
(3) The child care provider has had his or her
child care license or permit revoked pursuant to RSA 170-E:12, V;
(4) After an investigation by DHHS pursuant to
He-C 6920.07, the provider has been found to be in violation of RSA 170-E:12,
V;
(5) The child care provider has billed for child
care services provided by another provider or person; or
(6) The child care provider has billed for child
care services while not in compliance with child care licensing requirements of
He-C 4002.
(e) The opportunity for informal dispute
resolution described by He-C 4002.11 shall not apply to any provider who has
been disqualified due to fraud as described in (c) above.
(f) The child care provider who has been
disqualified in accordance with (d) above shall be sent a written letter from
DHHS regarding the disqualification as follows:
(1) The letter shall be sent via certified mail
to the provider informing him or her of the date of the disqualification;
(2) The letter shall include the reason(s) for
the disqualification; and
(3) The letter shall include information about
the provider’s right to appeal the disqualification in accordance with He-C
200.
(g) DHHS shall notify any parent, who is
utilizing a provider authorized for payment for child care services pursuant to
He-C 6910 and He-C 6912 who has been disqualified by DHHS.
Source. #12223, eff 7-10-17; amd by
#12536, eff 5-24-18; ss by #13065, eff 7-1-20
He-C
6914.09 Appeals.
(a) A child care provider may appeal a decision
made by DHHS within 30 calendar days of the receipt of the notification when:
(1) The application for enrollment has been
denied;
(2) Payments have been withheld;
(3) Enrollment has been terminated or not
renewed; or
(4) The child care provider has been
disqualified.
(b) The request for an appeal shall be made in
accordance with He-C 200.
(c) If the child care provider files an appeal in
accordance with He-C 200 within 15 calendar days from the date on the
notification and requests continuation of a child care scholarship, then a
child care scholarship shall continue at the established payment rate.
(d) If the child care provider opted to continue
to receive child care scholarship payment during an appeal, and the decision is
upheld by the hearings officer, the provider shall repay to DHHS any payment
made after the effective date on the letter notifying the provider of his or
her non-renewal or termination.
(e) If the hearings officer finds in favor of the
child care provider, then the non-renewal or termination shall not take effect.
Source. #12223, eff 7-10-17; amd by
#12536, eff 5-24-18; ss by #13065, eff 7-1-20
He-C
6914.10 Confidentiality.
(a) Except for law enforcement agencies or in an
administrative proceeding against the applicant or enrolled providers, DHHS
shall keep confidential any information collected during an investigation, unless
it receives an order to release, destroy, or take any action relating to the
information from a court of competent jurisdiction.
(b) A child care provider shall keep confidential
all records required by DHHS pertaining to the admission, progress, health, and
discharge of children under the provider’s care and all facts learned about
children and their families with the following exceptions:
(1) A child care provider shall allow DHHS access
to all records that providers are required by DHHS rule or state statute to
keep, and to such records as necessary for DHHS to determine staffing patterns
and staff attendance; and
(2) A child care provider shall release
information regarding a specific child only as directed by a parent of that
child, or upon receipt of written authorization to release such information,
signed by that child’s parent.
(c) A child care provider shall discuss or share
information regarding the admission, progress, behavior, health, or discharge
of a child with the child’s parent(s) in a manner that protects and maintains
confidentiality for both the child and the child’s parent(s).
Source. #13065, eff 7-1-20
He-C
6914.11 Waiver Request.
(a) A child care provider who requests a waiver
of a requirement in He-C 6914 shall submit a written request to DHHS, which
includes the following information:
(1) The child care program name, address, phone
number, and NH Bridges resource ID number assigned by the DHHS;
(2) The specific reference to the section of the
rule for which a waiver is being requested;
(3) An explanation of why a waiver is necessary,
the length of time for which the waiver is requested, not to exceed 92 calendar
days, and any effect the granting of the waiver will have on the health or
safety of the children in the program;
(4) The number and age range of children who will
be affected by the waiver;
(5) A written plan to
achieve compliance with the rule or explaining how the provider will satisfy
the intent of the rule, if the waiver is granted;
(6) The
signature of the enrolled child care provider; and
(7) The signature of the parent or copy of a
notice which has been shown to, or mailed to each parent, explaining the waiver
request and informing the parents that they may call DHHS if they have any
concerns about the requested waiver.
(b) A waiver shall be granted to the child care
provider if:
(1) DHHS concludes that authorizing deviation
from compliance with the rule from which the waiver is sought does not
contradict the intent of the rule or conflict with statute; and
(2) The written plan ensures that the object or
intent of the rule will be accomplished.
(c) When a waiver is approved, the program’s
subsequent compliance with the alternatives approved in the waiver shall be
considered equivalent to complying with the rule from which a waiver was
sought.
(d) DHHS shall not approve any request for a
waiver of any of the provisions relevant to state or federal law or any rules
of other state agencies which are referred to in this chapter.
(e) A waiver request shall be denied when any of
the following occurs:
(1) DHHS finds that approval of the requested
waiver will jeopardize the health or safety of children;
(2) DHHS finds that approval of the requested
waiver will impair the program’s ability to adequately care for children; or
(3) DHHS finds that approval of the requested
waiver will impair the operations of the program.
(f) A waiver shall be granted in writing for the
duration of time requested in (a)(3) above, from the date the waiver was
granted.
Source. #13065, eff 7-1-20
PARTS He-C 6915
RESERVED
PART He-C 6916
HEALTH AND SAFETY RULES FOR FACILITY BASED LICENSE-EXEMPT CHILD CARE
PROVIDERS RECEIVING CHILD CARE SCHOLARSHIP
Statutory Authority: RSA 161:2, XII, RSA 161:4-a, III
He-C
6916.01 Purpose. The purpose of this part is to
set forth the minimum standards for health and safety requirements for
license-exempt child care providers who provide child day care services for
children and families receiving child care scholarship, pursuant to RSA 170-E:6-a,
RSA 170-E:3, I(f) and (g), and 45 CFR Part 98.41 and 98.42.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6916.02 Scope. This part shall apply to any
license-exempt facility-based child care program providing child day care
services to families receiving child care scholarship, pursuant to He-C
6914, and is exempt from licensure, pursuant to RSA 170-E:3, I(f) and (g).
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6916.03 Definitions.
(a) “Authorized representative” means an
individual who is designated or authorized by a child care provider to act on
behalf of that provider in matters related to billing the department of health
and human services (DHHS) for child care services provided, and is not the
parent of a child in the facility-based program’s care who is receiving child
care scholarship.
(b)
“Caretaker relative”
means a relative, who is not the biological or adoptive parent of a child, but
is providing care and supervision of the child in the assistance group.
(c) “Child”
means “child” as defined in RSA 170-E:2, II, namely “any person under 18 years
of age.”
(d) “Child
care” means the act of providing supervision, food, activity, and rest for a
child for any portion of a 24-hour day apart from the child’s parent, caretaker
relative, or legal guardian, in order to promote healthy child development and
assist the child’s parent, caretaker relative, or legal guardian in preparing
for, securing, or maintaining employment or employment-related education or
training.
(e) “Commissioner”
means “the commissioner of the department of health and human services,” as
defined in RSA 170-E:2, V.
(f) “Corporal
punishment” means the intentional infliction of physical pain by any means for
the purpose of punishment, correction, discipline, instruction, or any other
reason.
(g) “Department”
means “the department of health and human services” as defined in RSA 170-E:2,
VII.
(h) “Developmentally appropriate” means actions,
environment, equipment, supplies, communications, interactions, or activities that are based on the
developmental level and abilities, the family culture, and the individual needs
of each child in care.
(i) “Enrolled
child care provider” means a child care provider who has met the requirements
found in He-C 6914 and is authorized to receive payment for services from the
department.
(j) “Facility-based
program” or “program” means a license-exempt child care provider, pursuant to
RSA 170-E:3, I (f) and(g), that is enrolled as a child care provider pursuant
to He-C 6914.
(k) “Foster
parent” means an individual who has a license or permit for foster family care,
pursuant to He-C 6446.
(l) “Legal
guardian” means an individual who is given legal authority by a court and
charged with the duty to provide care, custody, and supervision of a child.
(m) “Monitoring
statement” means a written report issued by the department detailing the results
of a monitoring visit conducted by the department.
(n) “Monitoring
visit” means “monitoring visit” as defined in RSA 170-E:2, X, namely “a visit
made to the child day care agency by department personnel for the purpose of
assessing compliance with the standards set by rule adopted by the commissioner
pursuant to RSA 541-A.”
(o) “NH
professional registry” means New Hampshire’s password-protected electronic
database designed to support and track professional development for the early
childhood and school age child care workforce pursuant to He-C 6914.04(k).
(p) “Parent”
means an individual who has a birth, adoptive, or stepparent relationship to
the child, a foster parent as defined in (k) above, a legal guardian as defined
in (l) above, or a caretaker relative as defined in (b) above.
(q) “Program
improvement plan” means a written plan, developed by a program, and approved by
the department, in response to a monitoring statement, stating how the program
will come into compliance with the rules.
(r) “Staff”
means the employees of a facility-based program who provide supervision of
children or who are required to meet staff-to-child ratios.
(s) “Supervision” means
being present with children in child care, knowing the identities of children
in care, the number of children present and their whereabouts, observing their
activities, and being in close enough proximity to have all children within
sight or hearing allowing intervention, if needed, to safeguard each child from
accident or injury.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6916.04 Pre-Service Trainings and Annual Professional Development.
(a) All
staff shall complete pre-service trainings in accordance with He-C 6914.04.
(b) Annual
professional development shall be completed in accordance with He-C 6914.04, in
that all staff shall:
(1) Complete 2
hours of professional development in any of the health and safety topics listed
in He-C 6914.04(e) and He-C 6914.04(h);
(2) Complete 2
hours of professional development in any of the topics listed in He-C
6914.05(a)(3); and
(3) Upload documentation of completion of
professional development in (b)(1) and
(2) above to the NH professional registry.
(c) For staff hired on or prior to the date that
the facility-based program initially enrolls with DHHS to receive child care
scholarship pursuant to He-C 6914, the annual period for professional
development shall begin on the DHHS enrollment date.
(d)
For staff hired after the date that the facility-based program initially
enrolls with DHHS to receive child care scholarship pursuant to He-C 6914, the
annual period for professional development shall begin on the date of hire of
each individual staff person.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6916.05 Building and Physical Premises Safety.
(a) Both
indoor and outdoor premises shall be safe, clean, free of clutter, and in good
repair.
(b) Programs
shall maintain the child care environment and ensure the indoor space is:
(1) Free from electrical hazards, such as
overloaded outlets or extension cords, frayed, cracked, or crimped cords, or
unprotected outlets;
(2) Free from fire hazards;
(3) Well-ventilated
by means of unobstructed mechanical ventilation system or open screened window;
(4) Free from guns,
weapons, or live or spent ammunition which are not in locked storage;
(5) Free from accessible knives and sharp objects
unless the object is being used under the direct supervision of a staff member;
(6) Free from heavy
furnishings or other heavy items that could easily tip or fall on children and
would be likely to cause injury;
(7) Free from
accessible loose and flaking paint;
(8) Well-lit to allow for the supervision of
children and for child care staff and children to move about safely;
(9) Free from damp
conditions which result in visible mold, mildew, or a musty odor;
(10) Free from poisonous plants;
(11) Free from trampoline
use during child care hours, with the exception of small indoor trampolines
intended for individual use with direct staff supervision only; and
(12) Free from accessible items labeled “keep of
out of reach of children” unless the item is non-toxic and being used under the
direct supervision of a staff member.
(c) All
windows used for ventilation shall include screens in good repair, to prevent
insects from entering the building.
Windows and glass doors shall be constructed, adapted, or adjusted via
the use of window guards or other means to prevent injury to children.
(d)
Stairways with more than 3 steps shall be equipped with handrails.
(e)
Construction, remodeling, or alteration of structures during child care
operations shall be done in a manner as to prevent exposure of children to
hazardous or unsafe conditions including, but not limited to, fumes, dust,
construction materials, and tools which pose a safety hazard.
(f) Programs
shall ensure that all indoor areas used by children:
(1) Have a
safe, functioning heating system;
(2) Include
protection for children from exposed heat sources which present a hazard,
including but not limited to baseboard heaters, radiators, fireplaces, and
woodstoves; and
(3) Have
working smoke detectors on each level.
(g) Portable
electric space heaters shall:
(1) Be
inaccessible to children;
(2) Bear the safety certification of a recognized
laboratory such as Underwriters Laboratory (UL) or Electro Technical Laboratory
(ETL); and
(3) Be
installed and operated in accordance with the manufacturer’s specifications.
(h) Outside
areas which are accessible to children shall be free from hazards including,
but not limited to:
(1) Unprotected
pools, wells, or other bodies of water;
(2) Lawn and
farm machinery;
(3) Trash,
litter, or debris;
(4) Animal
feces; and
(5) Any other dangerous
items or substances.
(i)
Fencing shall enclose all play areas if the department determines the play area
is unsafe because it is located adjacent to:
(1) A street or
road;
(2) A swimming pool
or other body of water, including a river, pond, or stream;
(3) An active
railroad track or crossing;
(4) Sharp inclines
or embankments; or
(5) Any other
dangerous area.
(j) All fencing
required by the department or otherwise intended to limit children’s access to
a defined area shall:
(1) Have no gaps greater than 4 inches and be
designed to restrain children from climbing out of, over, under, or through the
fence; and
(2) Either:
a. Be equipped with
a child proof self-latching device on any gates leading to an entrance or
egress; or
b. Be equipped with a child proof lock if the
area is determined to be hazardous to children as determined by the licensing
coordinator during the monitoring visit as described in He-C 6916.16.
(k) In outside areas, stationary play equipment accessible
to children shall not be over hard surfaces such as cement or asphalt.
(l) All
swimming pools and wading pools shall be inaccessible to children except during
supervised activities.
(m) Wading
pools shall:
(1) Be emptied and cleaned after each use;
(2) Be stored so that water does not collect in
them; and
(3) Not contain water that is more than 10 inches
deep.
(n) Programs
shall have a safe supply of water under pressure available for drinking and program
use.
(o) Programs
shall not use portable toilets, chemical toilets, or any other toilets which
are not attached to a functional sewage disposal system.
(p) During
all hours of operation there shall be functional sewage disposal facilities.
(q)
Smoking shall not be permitted inside the building at any time.
(r)
Staff who smoke on their breaks shall:
(1)
Not smoke in view of children;
(2)
Wash their hands prior to returning to work; and
(3)
Change into fresh clothing, or remove smoke-contaminated outerwear prior
to returning to work to reduce exposure to third-hand smoke.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He- C
6916.06 Handling, Storage, and Disposal of Hazardous Materials.
(a) All
toxic and flammable materials and tobacco products shall be stored in cabinets
which are locked or secured with child proof latches, or otherwise out of reach
of children.
(b) Pesticides shall not be
used in areas used by children while children are present, and any treated
indoor area must be aired out per manufacturers’ instructions prior to allowing
children to return to that area.
(c) Programs shall adhere to
state and federal rules and regulations in regards to lead paint and asbestos
removal.
(d)
Programs serving diapered children and children who are not toilet
trained shall have a designated diaper changing area, which shall:
(1) Be located
adjacent to or in close proximity to a designated handwashing sink to allow
access for handwashing without having to open doors or gates or have physical
contact with other children;
(2)
Have a non-porous washable surface, which shall be used exclusively for
diaper changing and sanitized after each diaper change;
(3) Contain a covered,
hands-free receptacle, lined with a plastic bag, and located within the reach
of the diaper changing area for disposal of soiled disposable diapers and
cleansing articles; and
(4) Not be located in kitchens or in food
preparation or food service areas, or on surfaces where food is prepared or
served.
Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23
He-C
6916.07 Emergency Preparedness and Response Planning, and
Practice Drills.
(a) Programs
shall ensure that for each child, upon the child’s first day in attendance in
the program, there is a “Child Care Registration and Emergency Information for
License Exempt Programs” ( May 2023) form completed and signed by the parent,
on file, which contains:
(1)
Full legal name of the child;
(2)
Child’s date of birth;
(3)
Date of enrollment in the program;
(4) The name, physical address,
and mailing address of the parent responsible for the child;
(5) Telephone numbers for the
child’s parent(s) and instructions as to how the parent(s) can be contacted
during the hours that the child is at the program;
(6) Email addresses for the
parent(s), if available;
(7) The name, address,
telephone number, and relationship of at least one person who will assume
responsibility for the child, if for any reason, the parent(s) cannot be
reached immediately in an emergency;
(8) Any chronic conditions,
allergies, or medications to be administered in the event of sudden illness or
injury;
(9) Written parental permission
for first aid treatment;
(10) Written parental
permission for emergency medical transportation and treatment;
(11) The name and telephone number of each child’s
physician or health care provider; and
(12) Names, addresses,
telephone numbers, and relationships of any person(s) other than parent(s) who
are authorized to remove the child from the program.
(b) Programs
shall be equipped with a telephone that is operable and accessible to all staff
during all operating hours for incoming and outgoing calls.
(c) Pursuant
to 45 CFR Part 98.41, programs shall develop an emergency operations plan (EOP)
for responding to natural, human-caused, or technological incidences, which
shall contain procedures including, but not limited to:
(1) Evacuation;
(2) Relocation;
(3) Shelter-in-place;
(4) Lockdown;
(5) Communication
and reunification with families;
(6) Continuity
of operations;
(7) Accommodations
of children with disabilities; and
(8) Accommodations
of children with chronic medical conditions.
(d)
In order to assure that all staff, volunteers, and children are familiar with
all the EOP drills listed in (c) above, programs shall:
(1) Practice evacuation and relocation once per
year with all child care staff, including volunteers;
(2) Practice at least 2 other components of their
EOP with all child care staff, including volunteers, and children each calendar
year; and
(3) Review all EOP response actions with all
staff and volunteers, at least twice each calendar year.
(e)
Programs shall record and maintain on file for review, a log of the practice
drills and verification of the requirements in (d) above, which includes:
(1)
The date and time of the drill;
(2)
The type of drill practiced or drill reviewed;
(3)
The method of review or practice, such as in-person or review of online
training;
(4)
The name of all staff and volunteers that participated in the review or
drill; and
(5)
The signature and date of the individual conducting the review or drill.
(f) Upon
enrollment, programs shall provide families with information from the EOP that
addresses communication and reunification procedures, as specified in (c)(5)
above.
(g) Programs
shall conduct at least one fire drill each month the program is in operation in
accordance with the following:
(1) All
children and staff shall evacuate the building during each fire drill; and
(2) Staff shall
check daily attendance records to ensure that all children and staff are
accounted for after the building is evacuated.
(h) Programs
shall complete a written record of fire drills which shall:
(1) Be
maintained on file at the program for one year; and
(2) Be
available for review by the department.
(i) The
written record of fire drills required under (h) above shall include at least
the following:
(1) The date
and time the drill was conducted;
(2) The exits
used;
(3) The number
of children evacuated and total number of people in the building at the time of
the drill;
(4) The amount
of time taken to evacuate the building; and
(5) The name of
the person conducting the drill.
(j) Programs
shall conduct a fire drill in the presence of a representative of the
department upon request.
(k) If
a child goes missing while in the care of the program, staff shall call
emergency police services, or 911, as soon as staff have determined that the
child cannot be promptly located on the premises of the child care program.
(l) Programs
shall report any occurrence of a missing child as described in (k) above to the
department within 24 hours.
(m) If
a child is seriously injured while in the care of the program, including
fractures, dislocations, stitches, second or third degree burns, concussions,
or loss of consciousness, or any other injury which results in calling 911, requires
emergency medical treatment by a physician or other health care professional,
or requires hospitalization, the program shall:
(1) Notify the
child’s parent immediately;
(2) Notify the
department within 48 hours; and
(3) Provide to
the department a written report which details the nature and circumstances of
the serious injury within one week of the incident.
(n) If
a child dies while in child care the program shall:
(1) Notify
emergency personnel and the child’s parent immediately;
(2) Notify the
department of the death within 24 hours of the incident; and
(3) Provide to
the department a written report which details the circumstances which led up to
the death within 72 hours of the incident.
(o) In
addition to the reporting requirements under (n) above, the program shall, upon
request, provide the department with any available information regarding the
death.
Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23
He-C
6916.08 Prevention of and Response to Emergencies Due to Food and
Allergic Reactions.
(a) Programs
shall obtain an allergy care plan, signed by the child’s physician, from the
parent(s) of each child with a food allergy or other allergy which results in a
serious reaction that includes at a minimum:
(1) Instructions
regarding the foods or other allergens to which the child is allergic and steps
to be taken to avoid consuming or coming into contact with those allergens;
(2) A list of
specific symptoms that would indicate the need to administer one or more of the
medications referenced in (3) below; and
(3) Details
describing the course of action to take in response to an allergic reaction,
including the name, dose, and method of prompt administration of any required
medication.
(b) With
the permission of the parent, each child’s allergy care plan shall be posted
prominently wherever the child might come in contact with the allergen.
(c) Staff
shall immediately notify the parent of any suspected allergic reactions, as
well as the ingestion of or contact with, a known allergen even if a reaction
did not occur.
(d) Staff
shall call 911 immediately after epinephrine has been administered.
(e) Staff
shall comply with dietary restrictions as requested in writing by the parent of
each child, due to food allergies, or religious or philosophical beliefs.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6916.09 Administration of Medication.
(a) Staff
shall administer any medication, treatment, or other remedy as required under
the provisions of the Americans with Disabilities Act of 1990.
(b) Staff
shall only administer medication with:
(1) A valid and
current prescription or signed and dated written instructions for administering
the medication from the child’s physician; and
(2) Signed and
dated written permission from the parent.
(c) Administration
of non-prescription topical substances may be performed by any staff, with
written permission from the child’s parent.
(d) In
the event of a medication error in the administration of medication, staff
shall notify the child’s parent immediately.
(e) For
any chronic condition requiring medication that is to be administered for more
than 12 months, the written parental authorization specified in (b)(2) above
shall be updated annually.
(f)
The written instructions for administering the medication from the
child’s physician specified in (b)(1) above shall be updated by the parent, and
on file at the program, if there is any alteration of any kind to the
administration of the medication.
(g) Staff
shall maintain a written log for each dose of medication, excluding topical
substances, administered to each child.
(h) In
the event of an error documenting the administration of medication, staff shall
notify the child’s parent by the end of the day in which the error occurred.
(i) All
medication shall be:
(1) Inaccessible
to children;
(2) Stored at
the temperature and conditions recommended by the manufacturer, or as directed
on the prescription label; and
(3) Labeled
with the child’s name to ensure correct identification of each child's
medication.
(j) Medications
such as insulin, inhalers, and epinephrine shall be immediately accessible to
staff caring for children requiring such medications to assure timely
administration when needed, and in accordance with instructions in He-C
6916.08(a)(2).
(k) All
prescription or non-prescription medication and topical substances shall be
kept in the original container or pharmacy packaging and properly closed after
each use.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C 6916.10 Prevention
and Control of Infectious Diseases, Including Immunizations.
(a) Staff and children shall
wash their hands with liquid soap and warm running water as needed and:
(1)
After each diaper change or toileting;
(2)
After handling any bodily fluid;
(3)
After cleaning up or handling garbage;
(4)
After playing outdoors;
(5)
Before and after eating;
(6)
Before and after administering medication; and
(7)
Before and during any food preparation or service as often as necessary
to remove soil and contamination and prevent cross-contamination when changing
tasks or from raw to ready-to-eat foods.
(b) Child
care staff shall:
(1) Teach children
the importance of handwashing with liquid soap and warm running water; and
(2) Instruct,
encourage, remind, or assist children as needed throughout each day to wash
their hands as necessary to comply with (a)(1) through (5) above.
(c)
Staff shall observe each child for symptoms of illness or injury
throughout the day and contact the parent if a child has:
(1) More than
one episode of vomiting in one day;
(2) More than
one episode of diarrhea in one day;
(3) Uncontrolled
coughing or wheezing;
(4) Skin
lesions which have not been diagnosed or treated by a licensed health care practitioner;
or
(5) An oral
temperature of 101 degrees Fahrenheit or higher or an under arm temperature of
100 degrees Fahrenheit or higher combined with any of the following:
a. Diarrhea;
b. Rash;
c. Earache;
d. Sore throat; or
e. Vomiting.
(d) Any
time there is spill of bodily fluids, or any staff or child in the program have
symptoms of, or are known to have, a communicable disease:
(1)
Any spills of bodily fluids shall be immediately cleaned and sanitized;
(2)
Persons involved in cleaning surfaces contained with bodily fluids
shall:
a.
Wear protective disposable gloves while cleaning, disinfecting, and
sanitizing the contaminated surface; and
b.
Immediately wash their hands with liquid soap and warm running water
after discarding the gloves;
(3)
Any materials, including disposable gloves and diapers contaminated by
bodily fluids, shall be disposed of in a plastic bag with a secure tie or in a
covered, plastic bag-lined, hands-free receptacle; and
(4)
The program shall contact the bureau of disease control and prevention
at (800) 852-3345, ext. 4496 for instructions regarding whether the
ill individual is required to be excluded from the program and to determine
reporting requirements in accordance with RSA 141-C:7 and He-P 301.03(c), (d), and
(h) and He-P 301.05(i)(3)b.
(e) All foods prepared and served to children
shall be free from spoilage, filth, and other contamination.
(f) Programs
shall clean and disinfect bathroom facilities whenever visibly soiled, but at a
minimum of once per week.
(g) Programs
with pets on the premises shall:
(1) Ensure dogs and cats have a
current vaccination for rabies;
(2) Keep cages that house small
animals, fish tanks, and litter boxes away from food preparation, food service
areas, and any other area where children play; and
(3) Ensure children do not have
direct contact with animal feces or urine either indoors or outdoors.
(h) Documentation of
immunizations, in accordance with RSA 141-C:20-a, RSA 141-C:20-b, and He-P
301.14, shall be on file for each child on the first day the child is in
attendance at the program.
(i) Exemptions
from the immunizations required under (h) above shall be in accordance with RSA
141-C:20-c and pursuant to 45 CFR Part 98.41(a)(1)(i)(C) for children
experiencing homelessness or children in foster care. Providers may enroll
children and allow for 60 days for families to obtain and provide documentation
of immunizations.
(j) Programs
shall not be required to obtain immunization records for children whose parent
objects, on the grounds that such immunization is contrary to their religious
beliefs, or for children with medical conditions that contraindicate
immunization.
(k)
Documentation for the exemptions listed in (j) above shall be on file
with the program, and shall be in accordance with RSA 141-C:20-c.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6916.11 First Aid and Pediatric Cardiopulmonary Resuscitation (CPR).
(a) Programs
shall have on the premises a selection of non-expired first aid supplies
adequate to meet the needs of the children in care.
(b) If
a child receives an injury or an incident occurs requiring first aid treatment,
staff shall inform the child’s parent of the injury on the date the child is
injured.
(c) If
CPR is performed on a child while in the care of the program, staff shall:
(1) Notify the child’s parent
immediately;
(2) Notify the department
within 48 hours; and
(3) Provide to the department a
written report which details the nature and circumstances which led to CPR
being performed within one week of the incident.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He- C
6916.12 Child Development.
(a) During
the operating hours of the program, parents shall have the opportunity to
communicate with the staff who care for their child.
(b) Staff
shall supervise every child in care at all times.
(c) The
only exceptions to (b) above shall be as follows:
(1) Staff may allow children
ages 72 months and older to go inside to use the bathroom when no staff are
inside provided that staff have a plan in place to keep track of children who
have gone inside and to check on children who have not returned in a timely
manner; and
(2) Staff may allow school-age
children 72 months and older who are enrolled in a full day school program to
leave the premises of the program, unsupervised by staff, to participate in a
specific activity, provided that there is written authorization from each
child’s parent on file at the program.
(d) Programs shall provide privacy for each child
toileting, while allowing for age-appropriate supervision of each child.
(e) Programs
shall provide daily opportunity for outdoor physical activity in the absence of
extreme weather.
(f) All
media, including televisions, video, or electronic devices shall be age and
developmentally appropriate, and programs shall comply with parental
restrictions regarding the use of electronic media for their child.
(g) Staff
shall nurture and encourage each child in care by providing each child with a
variety of developmentally appropriate learning and social experiences and
establishing and maintaining a learning environment that provides for the emotional
well-being of each child.
(h) When a child is engaging in unacceptable behavior,
staff shall:
(1) Establish developmentally
appropriate rules or limits for acceptable behavior, which are equitable and consistently
applied;
(2)
Redirect a child’s attention to a desirable activity by providing
positive guidance, positively worded directions, and developmentally
appropriate explanations for the limits and rules referenced in (1) above;
(3) Demonstrate desired
behavior and problem-solving skills and then redirect children to acceptable
behavior;
(4) Arrange equipment,
materials, activities, and schedules in a way that promotes desirable behavior;
and
(5) Implement safe, logical,
and natural consequences related to the misbehavior and enforcing those
consequences as soon as possible after the misbehavior has occurred.
(i) Separation,
or time out, shall only be used as a method to enable a child to regain control
of themselves, not as a punitive disciplinary technique.
(j) When a child is separated from the group, the
child shall be able to see and hear the other children except when staff remove
a child from the classroom to a quieter area to provide one-on-one attention.
(k) Staff
shall not:
(1) Abuse or neglect children;
(2) Use rough handling on
children;
(3)
Use corporal punishment on children;
(4) Require children to stand
or sit facing walls or corners;
(5)
Shame, humiliate, threaten, or frighten children;
(6) Withhold food from children,
forcibly feed children, or discipline children for not eating;
(7) Discipline children for
toileting accidents, lapses in toileting habits, or prohibit children from
using the toilet as a form of discipline;
(8) Use isolation as a form of discipline;
(9) Yell in anger or
frustration at or with children; or
(10) Direct profanity or
obscene language at children or use profanity or obscene language in the
presence of children.
(l)
Programs shall develop and implement a written policy to address the
limitations of expelling children from the child care program for challenging
behaviors.
(m) The policy in (l) above shall address at a
minimum:
(1) The steps the program will
take to assist the child in maintaining enrollment prior to expelling the child
for challenging behaviors;
(2) Parental notification
requirements regarding their child's challenging behavior; and
(3) The responsibilities of the
program if the challenging behavior results in a serious safety risk to the
child or others within the program.
(n) The
written policy in (l) above shall be provided to parents at enrollment.
(o) The
expulsion policy in (l) above shall only apply when addressing a child's
behavior and not a parent's misconduct or the parent's failure to comply with
other rules or laws.
Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23
He-C
6916.13 Prevention, Recognition, and Reporting of Child Abuse and
Neglect.
(a) Staff
shall allow a parent access to their child at all times while the child is in
the program’s care, unless allowing access is contrary to a court order or a
court-ordered parenting plan, pursuant to He-C 6914.07(a).
(b) Staff
shall take prompt action to protect children from abuse, neglect, corporal
punishment, and any other mistreatment by any individual.
(c) Any
staff or other person involved with a program who suspects that a child is
being abused or neglected shall be a mandated reporter in accordance with RSA
169-C:29 and shall report the suspected abuse to the division for children,
youth, and families by calling 1-800-894-5533.
(d) When
any child, while in care of a program, is the victim of corporal punishment or
other harsh punishment or treatment and has been physically or mentally injured
because the child was not adequately supervised, or when the health, safety, or
well-being of any child has been otherwise seriously jeopardized due to a
program’s non-compliance with any of the provisions of He-C 6916, a staff
person of the enrolled facility-based program shall inform the child’s parent
of the details of the incident.
(e) The notification provided to the child’s
parent of the incident as described in (d) above shall include the following
details:
(1) The name of who was
involved in, and who witnessed the incident, while keeping the identities of
other children confidential;
(2) What occurred prior to and
following the incident;
(3) When and where the incident
occurred; and
(4) Any action that has been or
will be taken by the program as a result of the incident.
(f) The
details of the incident outlined in (e) above shall be provided to the parent
of the child or children involved in writing by the close of the next business
day.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6916.14 Appropriate Precautions in Transporting Children.
(a) Programs
who wish to take children on routine, unplanned local trips, or scheduled field
trips shall obtain a signed and dated permission slip from each child’s parent,
which specifies all approved destinations and activities. This
permission slip shall include the destination of the trip and the estimated
time that the parent can expect the child to return to the program.
(b) The
following shall be accessible to staff on any field trip:
(1) An attendance record which
includes the name and age of each child;
(2) Copies of the registration
and emergency information form required in He-C 6916.07(a), for each child;
(3) A first aid kit adequate to
meet the needs of the children in attendance on the field trip;
(4)
All medications requiring administration during the hours of the field
trip as required by He-C 6916.09; and
(5) All emergency medications as required by He-C
6916.08 for the children in attendance on the field trip.
(c) Items
referenced in (b) above for each child shall remain with an individual who is
with the child, including during transport.
(d) During
any field trip, at least one staff member shall have access to a working phone,
in case of emergency, and that phone number shall be available to parents and
to staff remaining at the facility.
(e) Children
who are transported by the program or during any program-sponsored activity
shall be transported in vehicles which are:
(1) Registered, insured, and
inspected in accordance with the laws and rules of the state of New Hampshire;
(2) Driven by individuals who
are at least 18 years of age and hold a valid driver’s license; and
(3) Maintained in safe
operating condition.
(f) Staff
shall be prohibited from using mobile electronic devices while operating a
vehicle to transport children, including hands-free operation.
(g) The
number of persons who are transported by the program or in any vehicle during
any program-sponsored activity shall be limited to the number of persons the
vehicle is designed to carry.
(h) In
all vehicles, age-appropriate child restraints or seat belts shall be provided
for and used by each child in accordance with RSA 265:107-a.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6916.15 Staff-to-Child Ratio and Group Size.
(a) The
staff-to-child ratio for school-age programs shall be one staff for 15 children
with a maximum group size of 60.
(b) In
addition to the staffing requirements in (a) above, programs shall have a
second staff person in the building when 13 or more children are present.
(c) Programs
shall provide a minimum of 40 square feet of usable indoor space per child. Indoor active play space shall be available to
children daily.
(d) In
addition to (a) above, programs offering drop-in care shall monitor attendance
records to ensure compliance with group size and ratios. If there is a pattern of exceeding ratio and
group size then additional staff shall be added. Attendance records shall be kept on file for 6
months for review by the department.
(e) The
only exception to (a) above shall be when children combine for time-limited
activities, such as meals, snacks, daily meetings, short stories, special guest
presentations, or other special events, provided that all children have
sufficient space for the activity.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6916.16 Monitoring Visits, Monitoring Statements, Program
Improvement Plans, and Enforcement.
(a) The
department shall conduct an announced monitoring visit prior to enrollment.
(b) The
department shall conduct an annual announced monitoring visit for all enrolled
facility-based child care providers as a condition of maintaining enrollment.
(c) The
department shall issue a monitoring statement to the program for each
monitoring visit.
(d) At
the close of any monitoring visit or when an investigation is concluded, or as
soon as possible thereafter, the department shall review with the program a
summary of any violations of He-C 6916 found during the visit.
(e) The
department shall issue the monitoring statement via email, if a valid email
address has been provided by the program, or by United States mail if an email
address has not been provided.
(f) Programs
shall:
(1) Display
the monitoring statement and program improvement plan approved by the department for the most recent visit to
the program in a prominent location which is accessible to all, and notify all of
the location of the monitoring statement and program improvement plan;
(2) Make available upon request to all a copy of the monitoring statement and
program improvement plan approved by the department for the most recent visit
to the program; and
(3) Not alter the monitoring
statement or program improvement plan issued by the department.
(g) Programs
shall complete a program improvement plan for each violation included on the
monitoring statement, which shall include the following:
(1) The action the program has
taken or will take to correct each violation;
(2) The steps the program will
take to ensure compliance with He-C 6916 and the applicable statutes in the
future;
(3) The date by which each
violation was corrected or will be corrected;
(4) The interim measures the
program has implemented to protect the health and safety of children when the
violation cannot be corrected immediately; and
(5) The dated signature of the
enrolled child care provider or their authorized representative.
(h) Programs
shall complete program improvement plans and return them to the department in
accordance with the following:
(1) The program improvement
plan shall be submitted to the department within 21 calendar days of the date
that the monitoring statement is sent out by the department; and
(2) The names of individuals,
including children, shall not be included in the program improvement plan.
(i) When
a submitted program improvement plan in accordance with (g) and (h) above is
not acceptable to the department in correcting a violation, the department
shall issue a directed program improvement plan to the program.
(j) Notwithstanding
(g), (h), and (i) above, when the department determines that there is an
imminent threat to the health or safety of children, it shall issue a program
improvement plan to the program, without first offering the program an
opportunity to complete a program improvement plan.
(k) When
a program receives a directed program improvement plan issued by the department
in accordance with (i) or (j) above, it shall:
(1) Add any additional details
regarding the improvement plan the program feels are necessary; and
(2) Complete and return the
program improvement plan in accordance with (g)(5) and (h) above.
(l) Notwithstanding
(a) through (g) above, when a program has repeatedly violated standards set
forth in He-C 6916 or has violated a rule or statute which resulted in physical
or mental injury to a child, or caused a child to be in danger of physical or
mental injury, the department shall initiate enforcement action pursuant to
He-C 6914.08 without first requesting that the program submit a program
improvement plan.
(m) Programs
shall comply with all approved program improvement plans.
(n) The department shall conduct follow-up
announced monitoring visits as needed to monitor the implementation of the
program improvement plan.
(o) The
department shall post the monitoring statement and program improvement plan
within 5 days of the date of issue on the department website.
(p) Programs
shall maintain all records, whether in electronic or paper format, required by
He-C 6916:
(1) On file on the premises of
the program; and
(2) Accessible and available
for review by the department, upon request, for one year, unless otherwise
specified.
(q) Child
care program staff shall not:
(1) Make false or misleading
statements to the department, whether verbal or written; or
(2) Falsify any documents,
other written information, or reports issued by or required by the department
under He-C 6912, He-C 6914, He-C 6916, and He- C 6920.
(r) The department shall revoke
or deny a new applicant or renewal as an enrolled child care provider in accordance
with He-C 6912, He-C 6914, He-C 6918, and He-C 6920.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6916.17 Informal Dispute Resolution.
(a)
An opportunity for informal dispute resolution shall be available to any
facility-based program who disagrees with a citation issued by the department,
per RSA 170-E:10-a.
(b)
When requesting an informal dispute resolution, the facility-based
program shall:
(1)
Submit a written notice to the department requesting an informal dispute
resolution no later than 14 days from the date of issuance of the monitoring
statement; and
(2) Include in the notice
why the facility-based program believes that the citation was issued
erroneously as noted in the monitoring statement.
(c) In accordance
with RSA 170-E:10-a, written notice of the department’s decision shall be
provided to the facility-based program within 30 days from receipt of the
request and receipt of any and all information from the facility-based program.
(d) An informal
dispute resolution shall not be an option for any facility-based program
against whom the department has initiated a fine, or action to suspend, revoke,
deny, or refuse to renew enrollment as a child care provider.
Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23
(a) Programs
that wish to request a waiver of a rule shall provide in writing or electronically
the following information:
(1) The
program’s name, address, phone number, and the bridges database resource
identification number assigned by the department for electronic payments;
(2) The
rule number for which the waiver is being requested;
(3) A
brief explanation of the reason for the waiver, the length of time for which
the waiver is requested, and any effect the granting of the waiver will have on
the health and safety of the children in the program;
(4) The
number and age range of children who will be affected by the waiver;
(5) The
signature of the enrolled child care provider or their authorized
representative;
(6) Signatures
of parents or copy of a notice which has been shown to, or mailed to each
parent, explaining the specifics of the waiver request and informing parents
that they may call the department if they have any concerns about the requested
waiver; and
(7) The
plan for future compliance after the waiver period is over.
(b) A
waiver shall be granted to the applicant or enrolled child care provider if the
department determines that the alternative proposed by the applicant or
enrolled provider:
(1) Meets
the objective or intent of the rule;
(2) Does
not negatively impact the health, safety, or well-being of the children; and
(3) Does
not negatively impact the operation of the program.
(c) When
a waiver is approved, the program’s subsequent compliance with the alternatives
approved in the waiver shall be considered equivalent to complying with the
rule from which waiver was sought.
(d) The
department shall not approve any request for a waiver of any of the provisions
relevant to state or federal law or any rules of other state agencies which are
referred to in this chapter.
(e) A
waiver request shall be denied when any of the following occurs:
(1) The
rule for which a waiver is being requested is related to fire safety or
environmental health or safety;
(2) The
program has been found in violation of one or more of these rules and has not
corrected the violation;
(3) The
department finds that approval of the requested waiver will jeopardize the
health or safety of children;
(4) The
department finds that approval of the requested waiver will impair the
program’s ability to adequately care for children;
(5) The
departments finds that approval of the requested waiver will impair the
operations of the program; or
(6) The
department determines that the program has not submitted a written plan for
compliance with the rule or an acceptable plan for satisfying the intent of the
rules as an alternative to complying with the rule.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23 (formerly He-C 6916.17)
He-C 6916.19 Complaints
and Investigations.
(a) The
department shall respond to any complaint that meets the following conditions:
(1) The alleged violation occurred
not more than 6 months prior to the date the department was made aware of the
allegation;
(2) The complaint is based upon the complainant’s
first-hand knowledge regarding the allegation or on information reported
directly to the complainant by a child who has first-hand knowledge regarding
the allegation;
(3) There is sufficient
specific information for the department to determine that the allegation, if
proven to be true, would constitute a violation of any of the provisions of
He-C 6916; or
(4) The complaint is received
from any source and alleges a violation that occurred at any time if the
complaint alleges:
a. Physical injury or abuse;
b. Verbal or emotional abuse;
or
c. The danger of physical
injury to one or more children.
(b) A
complaint investigation shall be conducted when the department receives a
complaint which meets the conditions specified in (a) above and which contains
an allegation of violation of He-C 6916.
(c) When
the complaint is determined to be founded, a monitoring statement shall be
issued listing the violation found as a result of the investigation, and any
other violation found during the visit, which shall be considered and treated
as a finding of a complaint visit.
(d) When
the complaint is determined to be unfounded, a notice shall be sent to the
program advising that the complaint was unfounded.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23 (formerly He-C 6916.18)
He-C 6916.20 Confidentiality.
(a) Except
for law enforcement agencies or in an administrative proceeding against the
applicant or enrolled programs, the department shall keep confidential any
information collected during an investigation, unless it receives an order to
release, destroy, or take any action relating to the information from a court
of competent jurisdiction.
(b) When
the department determines that any child was the victim of corporal punishment,
or other harsh punishment or treatment, or has been physically or mentally
injured because the child was not supervised, or any child’s health, safety, or
well-being was otherwise jeopardized due to a program’s non-compliance with
He-C 6916, the department shall contact the child’s parent to ensure that staff
have fully informed the parent about the corporal punishment, or other harsh
punishment or treatment, or the incident which injured their child or placed
their child at risk, in accordance with He-C 6916.13(f).
(c) Programs
shall keep confidential all records required by the department pertaining to
the admission, progress, health, and discharge of children under their care and
all facts learned about children and their families with the following
exceptions:
(1) Programs shall allow the
department access to all records that programs are required by department rule
or state statute to keep, and to such records as necessary for the department
to determine staffing patterns and staff attendance; and
(2) Programs shall
release information regarding a specific child only as directed by a parent of
that child, or upon receipt of written authorization to release such
information, signed by that child’s parent.
(d) In
addition to (c) above, programs shall discuss or share information regarding
the admission, progress, behavior, health, or discharge of a child with the
child’s parent in a manner that protects and maintains confidentiality for both
the child and the child’s parent.
Source. #13650, eff 5-25-23 (formerly He-C 6916.19)
PART He-C
6917 HEALTH AND SAFETY RULES FOR IN-HOME LICENSE-EXEMPT CHILD CARE
PROVIDERS RECEIVING CHILD CARE SCHOLARSHIP
Statutory Authority: RSA 161:2,
XII, RSA 161:4-a, III
He-C
6917.01 Purpose. The purpose of this part is to
set forth the minimum standards for health and safety requirements for
license-exempt child care providers who provide child day care services for
children and families receiving child care scholarship, pursuant to RSA
170-E:6-a, RSA 170-E:3, I(c) and (h), and 45 CFR Part 98.41 and 98.42.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6917.02 Scope. This part shall apply to any person
who is enrolled as a license-exempt provider providing child day care services
to families receiving child care scholarship pursuant to He-C 6914, and is
exempt from licensure pursuant to RSA 170-E:3, I(c) and (h).
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6917.03 Definitions.
(a) “Caretaker
relative” means a relative, who is not the biological or adoptive parent of a
child, but is providing care and supervision of the child in the assistance
group.
(b)
“Child” means “child” as defined in RSA 170-E:2, II, namely “any person
under 18 years of age.”
(c) “Child
care” means the act of providing supervision, food, activity, and rest for a
child for any portion of a 24-hour day apart from the child’s parent, caretaker
relative, or legal guardian, in order to promote healthy child development and
assist the child’s parent, caretaker relative, or legal guardian in preparing
for, securing, or maintaining employment or employment-related education or
training.
(d) “Commissioner”
means “the commissioner of the department of health and human services,” as
defined in RSA 170-E:2, V.
(e) “Corporal
punishment” means the intentional infliction of physical pain by any means for
the purpose of punishment, correction, discipline, instruction, or any other reason.
(f) “Department”
means “the department of health and human services” as defined in RSA 170-E:2,
VII.
(g)
“Developmentally appropriate” means actions, environment, equipment, supplies,
communications, interactions, or activities that are based on the developmental
level and abilities, the family culture, and the individual needs of each child
in care.
(h) “Enrolled
child care provider” means a child care provider who has met the
requirements in He-C 6914 and is authorized to receive payment for
services from the department.
(i) “Foster
parent” means an individual who has a license or permit for foster family care,
pursuant to He-C 6446.
(j) “Infant”
means a child from the time of birth through the age of 18 months old.
(k) “In-home
provider” or “provider” means an individual who is:
(1) Providing child care in a
private home;
(2) Exempt from licensure
pursuant to RSA 170-E:3, I(c) or RSA 170-E:3, I(h);
(3) An enrolled child care
provider pursuant to He-C 6914; and
(4) Does not have any staff
members or volunteers.
(l) “Legal
guardian” means an individual who is given legal authority by a court and
charged with the duty to provide care, custody, and supervision of a child.
(m) “Monitoring
statement” means a written report issued by the department detailing the
results of a monitoring visit conducted by the department.
(n) “Monitoring
visit” means “monitoring visit” as defined in RSA 170-E:2, X, namely “a visit
made to the child day care agency by department personnel for the purpose of
assessing compliance with the standards set by rule adopted by the commissioner
pursuant to RSA 541-A.”
(o) “NH
Professional Registry” means New Hampshire’s password-protected electronic
database designed to support and track professional development for the early
childhood and school age child care workforce pursuant to He-C 6914.04(k).
(p) “Parent”
means an individual who has a birth, adoptive, or stepparent relationship to
the child, a foster parent as defined in (i) above, a legal guardian as defined
in (l) above, or a caretaker relative as defined in (a)
above.
(q) “Program
improvement plan” means a written plan developed by a provider, and approved by
the department, in response to a monitoring statement, stating how the provider
will come into compliance with the rules.
(r) “Relative”
means grandparents, great grandparents, siblings who live in a separate
residence, or aunts and uncles, pursuant to 45 CFR 98.41(a)(1)(i)(B)(1).
(s) “Supervision” means being
present with children in child care, knowing the identities of children in
care, the number of children present, and their whereabouts, observing their
activities, and being in close enough proximity to have all children within
sight or hearing allowing intervention, if needed, to safeguard each child from
accident or injury.
(t) “Toddler”
means a child 19 months through the age of 35 months old.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6917.04 Pre-Service Trainings and Annual Professional Development.
(a) The
provider shall complete pre-service trainings in accordance with He-C 6914.04.
(b)
Annual professional development shall be in accordance with He-C
6914.04, in that the provider shall:
(1)
Complete 2 hours of professional development in any of the health and
safety topics listed in He-C 6914.04(e) and He-C 6914.04(h);
(2)
Complete 2 hours of professional development in any of the topics listed
in He-C 6914.05(a)(3); and
(3)
Upload documentation of completion of professional development in (b)(1)
and (2) above to the NH professional registry.
(c)
The provider’s annual period for professional development shall begin on
the DHHS enrollment date.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6917.05 Building and Physical Premises Safety.
(a) Both
indoor and outdoor premises shall be safe, clean, free of clutter, and in good repair.
(b) Providers
shall maintain the child care environment and ensure the indoor space is:
(1) Free from electrical
hazards, such as overloaded outlets or extension cords, frayed, cracked or
crimped cords, or unprotected outlets;
(2) Free from fire hazards;
(3)
Well-ventilated by means of unobstructed mechanical ventilation system
or open screened window;
(4) Free from cords or strings
long enough to encircle a child’s neck which pose a strangulation hazard and
are accessible to children, including, but not limited to, telephone cords and window
blind cords;
(5) Free from guns, weapons, or
live or spent ammunition which are not in locked storage;
(6) Free from accessible knives and sharp
objects unless the object is being used under direct supervision of the
provider;
(7) Free from heavy furnishings
or other heavy items that could easily tip or fall on children and would be
likely to cause injury;
(8) Free from accessible loose
and flaking paint;
(9) Well-lit to allow for the supervision
of children and for the provider and children to move about safely;
(10) Free from damp conditions
which result in visible mold or mildew or a musty odor;
(11) Free from trampoline use during child
care hours, with the exception of small indoor trampolines intended for
individual use with direct provider supervision only;
(12) Free from empty plastic bags, or bags
which pose a suffocation hazard, which are accessible to children under the age
of 3 years; and
(13) Free from accessible items
labeled “keep out of reach of children” unless the item is non-toxic and being
used under the direct supervision of the provider.
(c) All
windows used for ventilation shall include screens in good repair, to prevent
insects from entering the building.
Windows and glass doors shall be constructed, adapted, or adjusted via
the use of window guards or other means to prevent injury to children.
(d)
Stairways with more than 3 steps shall be equipped with handrails and
all stairways which are accessible to children younger than 3 years of age
shall be equipped with functional, properly latched safety gates.
(e)
Construction, remodeling, or alteration of structures during child care
operations shall be done in a manner as to prevent exposure of children to
hazardous or unsafe conditions including, but not limited to, fumes, dust,
construction materials, and tools which pose a safety hazard.
(f) Providers
shall ensure that all indoor areas used by children;
(1) Have a safe, functioning
heating system;
(2) Include protection for
children from exposed heat sources which present a hazard, including but not
limited to baseboard heaters, radiators, fireplaces, and woodstoves; and
(3) Have working smoke
detectors on each level.
(g) Portable
electric space heaters shall:
(1) Be inaccessible to
children;
(2) Bear the safety
certification of a recognized laboratory such as Underwriters Laboratory (UL)
or Electro Technical Laboratory (ETL); and
(3) Be installed and operated
in accordance with the manufacturer’s specifications.
(h) Outside
areas which are accessible to children shall be free of hazards including, but
not limited to:
(1) Unprotected pools, wells,
or other bodies of water;
(2) Lawn and farm machinery;
(3) Trash, litter, or debris;
(4) Animal feces; and
(5) Any other dangerous items
or substances.
(i) In
outside areas used by children, stationary play equipment accessible to
children shall not be over hard surfaces such as cement or asphalt.
(j) Play
areas shall be enclosed by a fence if they are determined by the department to
be unsafe because they are on a roof, or located adjacent to any dangerous
area.
(k) All
fencing shall be designed to restrain children who have not yet entered school
from climbing out of, over, under or through the fence.
(l) All
swimming pools and wading pools shall be inaccessible to children except during
supervised activities.
(m)
Wading pools shall:
(1)
Be emptied and cleaned after each use;
(2)
Be stored so that water does not collect in them; and
(3)
Not contain water that is more than 10 inches deep.
(n) Providers
shall have a safe supply of water under pressure available for drinking and
household use.
(o) Providers
shall not use portable toilets, chemical toilets, or any other toilets which
are not attached to a functional sewage disposal system, except for potty
chairs designed for use by older infants and toddlers.
(p) During
all hours of operation there shall be functional sewage disposal facilities.
(q)
Providers and household members shall not smoke in the building during
operating hours.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6917.06 Handling, Storage, and Disposal of Hazardous Material.
(a) All
toxic and flammable materials and tobacco products shall be stored in cabinets
which are locked, or secured with child proof latches, or otherwise out of
reach of children.
(b) Pesticides
shall not be used in areas used by children while children are present, and any
treated indoor area shall be aired out per manufacturers’ instructions prior to
allowing children to return to that area.
(c) Providers
shall adhere to state and federal rules and regulations in regards to lead
paint and asbestos removal.
(d)
Providers serving diapered children and children who are not toilet
trained shall have a designated diaper changing area, which shall:
(1) Be located
adjacent to or in close proximity to a designated handwashing sink to allow
access for handwashing without having to open doors or gates or have physical
contact with other children;
(2)
Have a non-porous washable surface, which shall be used exclusively for
diaper changing and sanitized after each diaper change;
(3) Contain a covered,
hands-free receptacle, lined with a plastic bag, and located within the reach
of the diaper changing area for disposal of soiled disposable diapers and
cleansing articles; and
(4) Not be located
in kitchens or in food preparation or food service areas, or on surfaces where
food is prepared or served.
Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23
He-C
6917.07 Emergency Preparedness and Response Planning.
(a) Providers
shall ensure that for each child, upon the child’s first day in attendance,
there is a “Child Care Registration and Emergency Information for License
Exempt Programs” (May 2023) form completed and signed by the parent, on file,
which contains:
(1)
Full legal name of the child;
(2)
Child’s date of birth;
(3)
Date of enrollment at the provider;
(4) The name, physical address,
and mailing address of the parent responsible for the child;
(5) Telephone numbers for the
child’s parent and instructions as to how the parent can be contacted during
the hours that the child is at the program;
(6) Email addresses for the
parent, if available;
(7) The name, address,
telephone number, and relationship of at least one person who will assume
responsibility for the child, if for any reason, the parent cannot be reached
immediately in an emergency;
(8) Any chronic conditions,
allergies, or medications to be administered in the event of sudden illness or
injury;
(9) Written parental permission
for first aid treatment;
(10) Written parental
permission for emergency medical transportation and treatment;
(11)
The name and telephone number of each child’s physician or health care
provider; and
(12) Names, addresses,
telephone numbers, and relationships of any person other than parent who are
authorized to remove the child from the provider.
(b) There
shall be a telephone that is operable and accessible to the provider during all
operating hours for incoming and outgoing calls.
(c) Pursuant
to 45 CFR Part 98.41, providers shall develop an emergency operations plan
(EOP) for responding to natural, human-caused, or technological incidences,
which shall contain procedures including, but not limited to:
(1) Evacuation;
(2) Relocation;
(3) Shelter-in-place;
(4) Lockdown;
(5) Communication and
reunification with families;
(6) Continuity of operations;
(7) Accommodations of infants
and toddlers;
(8) Accommodations of children
with disabilities; and
(9) Accommodations of children
with chronic medical conditions.
(d) Providers
shall practice no less than 2 components of their EOP with children, no less
than twice per year and maintain a written record of the practiced components.
(e) If
a child is seriously injured while in the care of the provider, including
fractures, dislocations, stitches, second or third degree burns, concussions,
or loss of consciousness, or any other injury which results in calling 911,
requires emergency medical treatment, or hospitalization, the provider shall:
(1) Notify the child’s parent
immediately;
(2) Notify the department
within 48 hours; and
(3) Provide to the department a
written report which details the nature and circumstances of the serious injury
within one week of the incident.
(f) If
a child goes missing while in the care of the provider, the provider shall call
emergency police services, or 911, as soon as the provider has determined that
the child cannot be promptly located on the premises of the child care
provider.
(g) Providers
shall report any occurrence of a missing child as described in (f) above to the
department within 24 hours.
(h) If
a child dies while in childcare, providers shall:
(1) Notify emergency personnel
and the child’s parent immediately;
(2) Notify the department of
the death within 24 hours; and
(3) Provide to the department a
written report which details the circumstances which led up to the death within
72 hours of the incident.
(i) In
addition to the reporting requirements under (h) above, providers shall, upon
request, provide the department with any other available information regarding
the death.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6917.08 Prevention of and Response to Emergencies Due to Food and
Allergic Reactions.
(a) Providers
shall obtain an allergy care plan, signed by the child’s physician, from the
parent of each child with a food allergy or other allergy, which results in a
serious reaction, that includes at a minimum:
(1) Instructions regarding the
food(s) or other allergens to which the child is allergic and steps to be taken
to avoid consuming or coming into contact with those allergens;
(2) A list of specific symptoms
that would indicate the need to administer one or more of the medications
referenced in (3) below; and
(3) Details describing the
course of action to take in response to an allergic reaction, including the
name, dose, and method of prompt administration of any required medication.
(b) With permission of the
parent, each child’s allergy care plan shall be posted prominently wherever the
child might come in contact with the allergen.
(c) Providers shall immediately
notify the parent of any suspected allergic reactions, as well as the ingestion
of or contact with a known allergen even if a reaction did not occur.
(d) Providers shall call 911 immediately after
epinephrine has been administered.
(e) Providers
shall comply with dietary restrictions as requested in writing by the parent of
each child, due to food allergies, religious, or philosophical beliefs.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6917.09 Administration of Medication.
(a) Providers
shall administer any medication, treatment, or other remedy as required under
the provisions of the Americans with Disabilities Act of 1990.
(b) Providers shall only administer medication
with:
(1)
A valid and current prescription or signed and dated written
instructions for administering the medication from the child’s physician; and
(2)
Signed and dated written permission from the parent.
(c) Administration
of non-prescription topical substances may be performed by the provider, with
written permission from the child’s parent.
(d)
In the event of a medication error in the administration of
medication, the provider shall notify the child’s parent immediately.
(e) For
any chronic condition requiring medication that is to be administered for more
than 12 months, the written parental authorization specified in (b)(2)
above shall be updated annually.
(f)
The written instructions for administering the medication from the
child’s physician specified in (b)(1) above shall be updated by the parent, and
on file at the provider, if there is any alteration of any kind to the
administration of the medication.
(e) Providers
shall maintain a written log for each dose of medication, excluding topical
substances, administered to each child.
(f) In
the event of an error documenting the administration of medication, the
provider shall notify the child’s parent by the end of the day in which the
error occurred.
(g) All
medication shall be:
(1) Inaccessible to children;
(2) Stored at the temperature
and conditions recommended by the manufacturer or as directed on the
prescription label; and
(3) Labeled with the child’s
name to ensure correct identification of each child's medication.
(h) Medications
such as insulin, inhalers, and epinephrine shall be immediately accessible
to providers caring for children requiring such medications to assure timely
administration when needed, and in accordance with instructions in He-C
6917.08(a)(2).
(i) All
prescription or non-prescription medication and topical substances shall be
kept in the original container or pharmacy packaging.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6917.10 Prevention and Control of Infectious Diseases, Including
Immunizations.
(a) Providers and
children shall wash their hands with liquid soap and warm running water as
needed and:
(1) After each diaper change or toileting;
(2) After handling any bodily fluid;
(3) After cleaning up or handling garbage;
(4) After playing outdoors;
(5) Before and after eating;
(6) Before and after administering medication;
and
(7) Before and during any food preparation or
service as often as necessary to remove soil and contamination and prevent
cross-contamination when changing tasks or from raw to ready-to-eat foods.
(b) Providers
shall:
(1) Teach children
the importance of handwashing with liquid soap and warm running water;
(2) Instruct,
encourage, remind, or assist children as needed throughout each day to wash
their hands as necessary to comply with (a)(1) through (5) above; and
(3) Wash the hands of infants as necessary to comply
with (a)(4) and (a)(5) above.
(c) Providers
shall observe each child for symptoms of illness or injury throughout the day
and contact the parent if a child has:
(1) More than one episode of
vomiting in one day;
(2) More than one episode of
diarrhea in one day;
(3) Uncontrolled coughing or
wheezing;
(4) Skin lesions which have not
been diagnosed or treated by a licensed health care practitioner; or
(5) An oral temperature of 101
degrees Fahrenheit or higher or an under arm temperature of 100 degrees
Fahrenheit or higher combined with any of the following:
a. Diarrhea;
b. Rash;
c. Earache;
d. Sore throat; or
e. Vomiting.
(d) Any
time there is a spill of bodily fluids, or any provider or child has symptoms
of, or are known to have, a communicable disease:
(1)
Any spills of bodily fluids shall be immediately cleaned and sanitized;
(2)
Persons involved in cleaning surfaces contained with bodily fluids
shall:
a.
Wear protective disposable gloves while cleaning, disinfecting, and
sanitizing the contaminated surface; and
b.
Immediately wash their hands with liquid soap and warm running water
after discarding the gloves;
(3)
Any materials, including disposable gloves and diapers contaminated by
bodily fluids, shall be disposed of in a plastic bag with a secure tie or in a
covered, plastic bag-lined, hands-free receptacle; and
(4)
The provider shall contact the bureau of disease control and prevention
at (800) 852-3345, ext. 4496 for instructions regarding whether the
ill individual is required to be excluded from child care and to determine
reporting requirements in accordance with RSA 141-C:7 and He-P 301.03(d) and
(e), He-P 301.03(i), and He-P 301.05(i)(3)b.
(e)
All foods prepared and served to children shall be free from spoilage,
filth, and other contamination.
(f) Providers
shall check children in diapers and change diapers and clothing if they are
soiled or wet as needed, and at minimum once every 2 hours.
(g) The
plastic bag containing the soiled diapers and cleansing articles shall be
removed daily, securely closed, and placed outside in covered garbage cans for
collection or removal at regular intervals.
(h) Providers
shall clean and disinfect bathroom facilities whenever visibly soiled but at a
minimum of once per week.
(i) All
bedding used by children in care shall be cleaned at least once per week and
more frequently if soiled.
(j) Providers
shall ensure that the presence of pets does not present a hazard to the
children.
(k) When
there are pets in a provider’s home, providers shall:
(1) Ensure dogs and cats have a
current vaccination for rabies;
(2) Keep cages that house small
animals, fish tanks, and litter boxes away from food preparation, or food
service areas, as well as any other area where children play; and
(3) Ensure children do not have
direct contact with animal feces or urine either indoors or outdoors.
(l) Documentation of
immunizations, in accordance with RSA 141-C:20-a, RSA 141-C:20-b, and He-P
301.14, shall be on file for each child on the first day the child is in
attendance with the provider.
(m) Exemptions
from the immunizations required under (l) above shall be in accordance
with RSA 141-C:20-c and pursuant to 45
CFR Part 98.41(a)(1)(i)(C) for children experiencing homelessness or children
in foster care. Providers may enroll children and allow for 60 days for families
to obtain and provide documentation of immunizations.
(n) Providers
shall not be required to obtain immunization records for children whose parent
objects, on the grounds that such immunization is contrary to their religious
beliefs, or for children with medical conditions that contraindicate
immunization.
(o)
Documentation for the exemptions listed in (n) above shall be on file
with the provider, and shall be in accordance with RSA 141-C:20-c.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6917.11 First Aid and Pediatric Cardiopulmonary Resuscitation
(CPR).
(a) Providers
shall have on the premises a selection of non-expired first aid supplies
adequate to meet the needs of the children in care.
(b) If
a child receives an injury or an incident occurs requiring first aid treatment,
the provider shall inform the child’s parent of the injury on the date the
child is injured.
(c) If
CPR is performed on a child while in care of the provider, the provider shall:
(1) Notify the child’s parent
immediately;
(2) Notify the department
within 48 hours; and
(3) Provide to the department a
written report which details the nature and circumstances which led to CPR
being performed within one week of the incident.
(d) Providers
shall not serve foods which can cause a choking hazard to children younger than
3 years of age or to children who have been identified as having chewing and
swallowing difficulties, including but not limited to:
(1) Spoonfuls of peanut
butter;
(2) Whole or rounds of hot dogs
or sausage;
(3) Whole grapes;
(4) Hard candy and chewing gum;
(5) Raw carrot rounds, peas, or
celery:
(6) Chips or hard pretzels;
(7) Marshmallows;
(8) Nuts or seeds;
(9) Popcorn; and
(10) Other hard or
cylinder-shaped foods that may pose a choking hazard.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6917.12 Child Development.
(a) During
the operating hours of child care, parents shall have the opportunity to communicate
with the provider who cares for their child.
(b) Children
shall be within sight or hearing of child care providers at all times.
(c) Provided
that written permission is on file, a provider may allow school-age children 72
months and older to play outside when a provider is inside, or to leave the
premises of the provider, unsupervised, to participate in a specific activity.
(d) Providers shall
not leave infants or toddlers unattended in seating, carrying, or in holding
devices such as car seats or infant seats placed on counter tops, tables, or
other elevated surfaces.
(e) Providers
shall provide toys, equipment, and learning materials that are:
(1) Available and accessible to
children;
(2) Safe and in good repair;
(3) Cleaned on a regular basis;
and
(4)
Developmentally appropriate.
(f) Infants
shall not be placed in any equipment which requires them to support their
heads on their own if they have not yet developed the ability to do so.
(g) Baby
walkers with wheels shall be prohibited.
(h) Providers
shall not allow children younger than 3 years of age to have access to toys,
toy parts, and other materials which pose a choking risk or are small enough to
be swallowed, such as, but not limited to, coins, balloons, or exposed foam
padding.
(i)
Providers shall provide daily opportunity for outdoor physical activity
in the absence of extreme weather.
(j) All
media, including television, video, or electronic devices shall be age and
developmentally appropriate, and providers shall comply with parental
restrictions regarding the use of electronic media for their child.
(k)
Providers shall nurture and encourage each child in care by providing
each child with a variety of developmentally appropriate learning and social
experiences and establishing and maintaining a learning environment that
provides for the emotional well-being of each child.
(l) When
a child is engaging in unacceptable behavior, providers shall:
(1) Establish developmentally
appropriate rules or limits for acceptable behavior, which are equitable and
consistently applied;
(2)
Redirect a child’s attention to a desirable activity by providing positive
guidance, positively worded directions, and developmentally appropriate
explanations for the limits and rules referenced in (1) above;
(3) Demonstrate desired
behavior and problem-solving skills and then redirect children to acceptable behavior;
(4) Arrange equipment,
materials, activities, and schedules in a way that promotes desirable behavior;
and
(5)
Implement safe, logical, and natural consequences related to the
misbehavior and enforcing those consequences as soon as possible after the
misbehavior has occurred.
(m) Separation,
or time out, shall only be used as a method to enable a child to regain control
of themselves, not as punishment, and as follows:
(1)
Separation shall be brief and appropriate to the child’s developmental
level and circumstances;
(2) When a child is separated
from the group, the child shall be:
a. Able to see and hear the
other children; and
b. Within hearing and sight of
a provider.
(n) Providers
and household members shall not:
(1) Abuse or neglect children;
(2) Use rough handling on
children;
(3)
Use corporal punishment on children;
(4) Require children to stand
or sit facing walls or corners;
(5) Withhold food from
children, forcibly feed children, or discipline children for not eating;
(6) Shame, humiliate, threaten,
or frighten children;
(7)
Discipline children for toileting accidents, lapses in toileting habits,
or prohibit children from using the toilet as a form of punishment;
(8) Use isolation as a form of
discipline on children;
(9) Yell in anger or
frustration at or with children;
(10) Discipline children for
not sleeping at rest or nap time;
(11)
Direct profanity or obscene language at children or use profanity or obscene
language in the presence of children;
(12)
Require children to sleep, rest, go to their cot, mat, bed, or playpen
or other sleeping or rest facilities, as a form of discipline;
(13)
Confine infants or toddlers in highchairs or other seating devices or
equipment, which restricts movement, as a form of discipline; or
(14)
Place or confine children in equipment that is not appropriate for their
age, including but not limited to cribs, playpens, or highchairs;
(o) Providers
shall develop and implement a written policy to address the limitations of
expelling children from child care for challenging behaviors.
(p) The policy in (o) above shall address at a
minimum:
(1) The steps the provider will
take to assist the child in maintaining enrollment prior to expelling the child
for challenging behaviors;
(2) Parental notification
requirements regarding their child's challenging behavior; and
(3) The responsibilities of the
provider if the challenging behavior results in a serious safety risk to the
child or others within child care.
(q) The
written policy in (o) above shall be provided to parents at enrollment.
(r) The
expulsion policy in (o) above shall only apply when addressing a child's
behavior and not a parent's misconduct or the parent's failure to comply with
other rules or laws.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6917.13 Prevention of Sudden Infant Death Syndrome and Use of
Safe Sleeping Practices.
(a) Providers
shall consult with the parent of each child and observe children on an ongoing
basis to determine each child’s resting or napping needs.
(b) To
reduce the risk of Sudden Infant Death Syndrome (SIDS), infants up to 12 months
of age shall be placed on their backs to sleep in a crib or playpen, unless
there are written medical orders from the infant’s primary health practitioner
requiring alternate positioning.
(c) Infants
up to 12 months of age shall not nap or sleep in a car safety seat, beanbag
chair, bouncy seat, infant seat, swing, jumping chair, highchair, chair, futon,
moses basket, or any other type of furniture or equipment that is not a playpen
or crib that meets the requirements of (f) below.
(d) There
shall be an individual crib or playpen for each child 12 months of age and
younger, except for siblings for whom co-sleeping is part of their family
culture, and written authorization is given by the child’s parent and the
child’s primary health care provider.
(e) No
crib shall be used unless manufactured on or after June 28, 2011 or, if
manufactured prior to that date, has a Children’s Product Certificate (CPC) or
test report from a consumer product safety commission (CPSC) accepted
third-party lab, provided by the manufacturer documenting the crib’s compliance
as required by 16 CFR 1219 and 1220.
(f) All
cribs and playpens required in (e) above shall:
(1) Be free of cracked or
peeling paint, splinters, and rough edges;
(2) Have no more than 2⅜
inches between slats;
(3) Have no missing, loose,
broken, or improperly installed parts, screws, brackets, baseboards, or other
loose hardware, or damaged parts on the crib or mattress supports;
(4) Not have corner posts which
extend more than 1/16 of an inch above the end panels;
(5) Not have holes or tears in
the mesh walls or in the material that connects the walls to the bottom of the
crib or playpen;
(6) Have properly fitted sheets
which do not have excess fabric or that compress the mattress; and
(7) Have mattresses which:
a. Are in good repair, and free
of rips or tears; and
b. Fit the crib or playpen so
that the space between the mattress and crib or playpen is not more than 2
adult fingers wide and does not create a suffocation hazard.
(g) Cribs
or playpens used by infants up to 12 months of age shall not have bumper pads,
blankets, flat sheets, pillows, quilts, comforters, sleep positioners, or any
soft items or toys.
(h) When
the provider places an infant in a crib or playpen for sleep, the provider
shall:
(1)
Check to ensure that the temperature in the room is comfortable for a
lightly clothed adult;
(2)
Check the infant to ensure that the infant is comfortably clothed and
not overheated or sweaty; and
(3)
Check to ensure that bibs and garments with ties or hoods are removed
from the infant.
(i) Children
older than 3 months shall not be swaddled or placed in restrictive or weighted
sleep suits or devices unless there are written medical orders from the child’s
primary health practitioner on file at the provider.
(j) A
provider may use electronic monitors to supervise sleeping children provided
that:
(1) The parent provides a signed
and dated authorization stating that the parent is aware of and agreeable
to the use of an electronic monitor as a means of supervising their child when
their child is asleep;
(2) Sounds from the monitor
shall be easily heard by the provider;
(3) Every 10 minutes the
provider shall observe the sleeping children, in person, to ensure that the
child is safe and comfortable; and
(4) Video monitors shall not
replace a physical check of the child by the provider.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6917.14 Prevention of Shaken Baby Syndrome and Abusive Head
Trauma and Prevention, Recognition, and Reporting of Child Abuse and Neglect.
(a) Providers
shall not shake or perform any action likely to cause abusive head trauma, but
rather use strategies to cope with a crying, fussing, or distraught infant.
(b) Providers
shall allow a parent access to their child at all times while the child is in
the provider’s care, unless allowing access is contrary to a court order or a
court-ordered parenting plan pursuant to He-C 6914.07(a).
(c) Providers
shall take prompt action to protect children from abuse, neglect, corporal
punishment, and any other mistreatment by any individual.
(d) Any
provider, or other person involved with a provider who suspects that child is
being abused or neglected shall be a mandated reporter in accordance with RSA
169-C:29 and shall report the suspected abuse to the division for children,
youth, and families by calling 1-800-894-5533.
(e) When
any child, while in care of a provider, is the victim of corporal punishment or
other harsh punishment or treatment and has been physically or mentally injured
because the child was not adequately supervised, or when the health, safety, or
well-being of any child has been otherwise seriously jeopardized due to a
provider’s non-compliance with any of the provisions of He-C 6917, the enrolled
child care provider shall fully inform the child’s parent of the details of the
punishment, or of the incident which injured their child or jeopardized their
child’s health, safety, or well-being, including the following details:
(1) The name of who was
involved in, and who witnessed the incident, while keeping the identities of
other children confidential;
(2) What occurred prior to and
following the incident;
(3) When and where the incident
occurred; and
(4) Any action that has been or
will be taken by the provider as a result of the incident.
(f) The
details of the incident outlined in (e) above shall be provided to the parents
of the child or children involved in writing by the close of the next business
day.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6917.15 Appropriate Precautions in Transporting Children.
(a) Except
for relative providers as defined in He-C 6917.03(r), providers who wish to
take children on routine, unplanned local trips, or scheduled field trips shall
obtain a signed and dated permission slip from each child’s parent, which
specifies all approved destinations and activities. This permission
slip shall include the destination of the trip and the estimated time that the
parent can expect the child to return to the home where care typically takes
place.
(b) During
any field trip, providers shall have access to a phone in case of emergency and
provide the phone number to parents.
(c) Children
who are transported by the provider shall be transported in vehicles which are:
(1) Registered, insured, and
inspected in accordance with the laws and rules of the state of New Hampshire;
(2) Driven by individuals who
are at least 18 years of age and hold a valid driver’s license; and
(3) Maintained in safe
operating condition.
(d) Providers
shall be prohibited from using mobile electronic devices while operating a
vehicle to transport children, including hands-free operation.
(e) The
number of persons who are transported by the provider shall be limited to the
number of persons the vehicle is designed to carry.
(f) Children
younger than 5 years of age who are transported by the provider or during any
provider-sponsored activity shall not be transported in any vehicle exempted
from seat belt requirements under RSA 265:107-a, II.
(g) Providers
shall utilize individual, age-appropriate child restraints, or seat belts,
which shall be provided for and used by each child in accordance with RSA
265:107-a.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C
6917.16 Monitoring Visits, Monitoring Statement, Program Improvement
Plan, and Enforcement.
(a) The
department shall conduct an announced monitoring visit prior to enrollment.
(b) The
department shall conduct an annual announced monitoring visit for all enrolled
in-home child care providers in order to maintain enrollment.
(c) The
department shall issue a monitoring statement to the provider for each
monitoring visit.
(d) At
the close of any monitoring visit, when an investigation is concluded, or as
soon as possible thereafter, the department shall review with the provider a
summary of any violations of He-C 6917 found during the visit.
(e) The
department shall issue the monitoring statement via email, if a valid email
address has been provided by the provider, or by United States mail if an email
address has not been provided.
(f) The
provider shall complete a program improvement plan for each violation included
on the monitoring statement, which shall include the following:
(1) The action the provider has
taken or will take to correct each violation;
(2) The steps the provider will
take to ensure compliance with He-C 6917 and the applicable statutes in the
future;
(3) The date by which each
violation was corrected or will be corrected;
(4)
The interim measures the provider has implemented to protect the health
and safety of children when the violation cannot be corrected immediately; and
(5) The dated signature of the
provider.
(g) The
provider shall develop program improvement plans and return them to the
department in accordance with the following:
(1) The program improvement
plan shall be submitted to the department within 21 calendar days of the date
the monitoring statement is sent out by the department; and
(2)
The names of individuals, including children, shall not be included in
the program improvement plans.
(h) When
a submitted program improvement plan in accordance with (f) above is not acceptable
to the department in correcting the violation, the department shall issue a
directed program improvement plan to the provider.
(i) Notwithstanding
(f), (g), and (h) above, when the department determines that there is an
imminent threat to the health or safety of children, it shall issue a program
improvement plan to the provider, without first offering the provider an
opportunity to complete a program improvement plan.
(j) When
the provider receives a program improvement plan issued by the department, in
accordance with (h) and (i) above, it shall:
(1) Add any additional details
regarding the improvement plan the provider feels are necessary; and
(2) Complete and return the
program improvement plan in accordance with (f) above.
(k) Notwithstanding
(a) through (g) above, when a provider has repeatedly violated standards set
forth in He-C 6917 or has violated a rule or statute which resulted in physical
or mental injury to a child, or caused a child to be in danger of physical or
mental injury, the department shall initiate enforcement action pursuant to
He-C 6914.08 without first requesting that the provider submit a program
improvement plan.
(l) The
provider shall comply with all department-approved program improvement plans.
(m) The
provider shall:
(1) Maintain on file on the
premises and make available to all a copy of the monitoring statement and
program improvement plan; and
(2) Not alter the monitoring
statement or program improvement plan issued by the department.
(n) Except
for relative providers and children being cared for in their own home by a
relative as defined in He-C 6917.03(r), the department shall post the
monitoring statement and program improvement plan within 5 days of the date of
issue on the department website.
(o) The department shall conduct follow up
monitoring visits as needed to monitor the implementation of the program
improvement plan.
(p) The
department shall revoke or deny a new applicant or renewal as an enrolled child
care provider in accordance with He-C 6912, He- C 6914, He- C 6918, and He-C
6920.
Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23
He-C
6917.17 Informal Dispute Resolution
(a)
An opportunity for informal dispute resolution shall be available to any
provider who disagrees with a citation issued by the department, per RSA
170-E:10-a.
(b)
When requesting an informal dispute resolution, the provider shall:
(1)
Submit a written notice to the department requesting an informal dispute
resolution no later than 14 days from the date of issuance of the monitoring
statement; and
(2)
Include in the notice why the provider believes that the citation was
issued erroneously as noted in the monitoring statement.
(c) In accordance with RSA 171-E:10-a, written
notice of the department’s decision shall be provided to the provider within 30
days from receipt of the request and receipt of any and all information from
the provider.
(d) An informal dispute resolution shall not be
an option for any provider against whom the department has initiated a fine, or
action to suspend, revoke, deny, or refuse to renew enrollment as a child care
provider.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23
He-C 6917.18 Waiver of Rules.
(a) A
provider wishing to request a waiver of a rule shall provide in writing or
electronically the following information:
(1) The provider’s name,
address, phone number, and the bridges database resource identification number
assigned by the department for electronic payments;
(2) The rule numbers for which
the waiver is being requested;
(3) A brief explanation of the
reason for the waiver, the length of time for which the waiver is requested,
and any effect the granting of the waiver will have on the health and safety of
the children in child care;
(4) The number and age range of
children who will be affected by the waiver;
(5) The signature of the
enrolled child care provider;
(6) Signatures of parents or
copy of a notice which has been shown to, or mailed to each parent, explaining
the specifics of the waiver request and informing parents that they may call
the department if they have concerns about the requested waiver, and
(7) The plan for future
compliance after the waiver period is over.
(b) A
waiver shall be granted to the applicant or enrolled provider if the department
determines that the alternative proposed by the applicant or enrolled provider:
(1) Meets the objective or
intent of the rule;
(2) Does not negatively impact
the health, safety, or well-being of the children; and
(3) Does not negatively impact
the operation of the provider.
(c) When
a waiver is approved, the provider’s subsequent compliance with the
alternatives approved in the waiver shall be considered equivalent to complying
with the rule from which the waiver was sought.
(d) The
department shall not approve any request for a waiver of any of the provisions
relevant to state or federal law or of any rules of other state agencies which
are referred to in this chapter.
(e) A
waiver request shall be denied when any of the following occurs:
(1) The rule for which a waiver
is being requested is related to fire safety or environmental health or safety;
(2) The provider has been found
in violation of one or more of these rules and has not corrected the violation;
(3) The department finds that
approval of the requested waiver will jeopardize the health or safety of
children;
(4) The department finds that
approval of the requested waiver will impair the provider’s ability to
adequately care for children;
(5) The department finds that
approval of the requested waiver will impair the operations of the child care
provider; or
(6) The department determines
that the provider has not submitted a written plan for compliance with the rule
or an acceptable plan for satisfying the intent of the rules as an alternative to
complying with the rule.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23 (formerly He-C 6917.17)
He-C
6917.19 Complaints and Investigations.
(a) The
department shall respond to any complaint that meets the following conditions:
(1) The
alleged violation occurred not more than 6 months prior to the date the
department was made aware of the allegation;
(2) The complaint is based upon the complainant’s
first-hand knowledge regarding the allegation or on information reported
directly to the complainant by a child who has first-hand knowledge regarding
the allegation;
(3) There
is sufficient specific information for the department to determine that the
allegation, if proven to be true, would constitute a violation of any of the
provisions of He-C 6917; or
(4) The
complaint is received from any source and alleges a violation that occurred at
any time if the complaint alleges:
a. Physical
injury or abuse;
b. Verbal
or emotional abuse; or
c. The
danger of physical injury to one or more children.
(b) A
complaint investigation shall be conducted when the department receives a
complaint which meets the conditions specified in (a) above and which contains
an allegation of violation of He-C 6917.
(c) When
the complaint is determined to be founded, a monitoring statement shall be
issued listing the violations found as a result of the investigation, and any
other violations found during the visit, which shall be considered and treated
as a finding of a complaint visit.
(d) When
the complaint is determined to be unfounded, a notice shall be sent to the
provider advising that the complaint was unfounded.
Source. #12536, eff 5-24-18; ss by
#13650, eff 5-25-23 (formerly He-C 6917.18)
He-C
6917.20 Confidentiality.
(a) Except
for law enforcement agencies or in an administrative proceeding against the
applicant or enrolled provider, the department shall keep confidential any
information collected during an investigation, unless it receives an order to
release, destroy, or take any action relating to the information from a court
of competent jurisdiction.
(b) When
the department determines any child was the victim of corporal punishment, or
other harsh punishment or treatment, or has been physically or mentally injured
because the child was not supervised, or any child’s health, safety, or
well-being was otherwise jeopardized due to provider’s non-compliance with He-C
6917, the department shall contact the child’s parent to ensure
that the provider has fully informed the parent about the corporal
punishment, or other harsh punishment or treatment, or the incident which
injured their child or placed their child at risk, in accordance with He-C
6917.14(f).
(c) A
provider shall maintain all records, whether in electronic or paper format,
required by He-C 6917:
(1) On the premises; and
(2) Accessible and available
for review by the department, upon request, for one year, unless otherwise
specified.
(d) A
provider shall keep confidential all records required by the department
pertaining to the admission, progress, health, and discharge of children under
their care and all facts learned about children and their families with the
following exceptions:
(1) A provider shall allow the
department access to all records that are required by department rule or state
statute to keep; and
(2) A provider shall release
information regarding a specific child only as directed by a parent of that
child, or upon receipt of written authorization to release such information,
signed by that child’s parent.
(e) Any
provider shall not:
(1) Make false or misleading
statements to the department, whether verbal or written; or
(2) Falsify any documents,
other written information, or reports issued by or required by the department
under He-C 6912, He-C 6914, He-C 6917, or He-C 6920.
(f) In
addition to (d) above, a provider shall discuss or share information regarding
the admission, progress, behavior, health, or discharge of a child with the
child’s parent in a manner that protects and maintains confidentiality for both
the child and the child’s parent.
Source. #13650, eff 5-25-23 (formerly He-C 6917.20)
PART He-C 6918
CHILD CARE PROVIDER BILLING AND PAYMENT REQUIREMENTS
He-C 6918.01 Purpose. The
purpose of this part is to identify the requirements
to bill the department of health and human services (DHHS) and receive payment
for child care services through a child care scholarship.
Source. #12224, eff 7-10-17; ss by
#13066, eff 7-1-20
He-C 6918.02 Scope.
(a) This
part shall apply to licensed and license-exempt child care providers who
receive financial reimbursement from the DHHS for those families utilizing
employment-related, preventive or protective child care services.
(b) The scholarship payments established pursuant
to He-C 6918 shall be contingent upon the availability and continued
appropriation of sufficient funds for this purpose, and in no event shall DHHS
be liable for any payments here under in excess of such available appropriated
funds.
Source. #12224, eff 7-10-17; ss by
#13066, eff 7-1-20
He-C 6918.03 Definitions.
(a) “Authorized representative” means the
person(s) who is designated or authorized by a child care provider to act on
behalf of that provider in matters related to billing DHHS for child care
services provided and is not the parent of a child in the provider’s care who
is receiving child care scholarship.
(b) “Authorized service level” means full time,
half time, or part time service level based on the number of hours per week of
child care according to the approved activities plus commute time.
(c) “Caretaker relative” means a specified
relative as defined in RSA 167:78, III, namely “a specified relative, other
than a parent, who provides care and parental control to a dependent child.”
(d) “Case plan”
means the division for children, youth and families (DCYF) written plan for the
child and the family which outlines how services will be provided, and
requirements to be met by a parent receiving a protective child care
scholarship, pursuant to RSA 170-G: 4, III and 42 U.S.C. 671, Part E-Federal
Payments for Foster Care and Adoption Assistance 42 USC 671(a) (16) and 42 USC
675(5) (a)-(D) state plan for foster care and adoption assistance.
(e) “Child care” means the act of providing safe
and healthy care, including supervision, food, activity, and rest for a child
for any portion of a 24-hour day, in order to promote healthy child
development.
(f) “Child care scholarship” means payment to a
provider of child care services on behalf of a family who meets the eligibility
criteria of He-C 6910 or He-C 6912.
(g) “Child
experiencing a disability or significant special need(s)” means a child through
the age of 17 who has a verified medical, physical, developmental, educational,
or emotional disability requiring additional funds for accommodation or
classroom adaptation in the child care setting.
(h) “Commissioner” means the commissioner of the
New Hampshire department of health and human services or designee.
(i) “Commute
time” means for employment related child care one hour per day in a week,
during which the parent(s) travels for active participation to and from an
employment related activity.
(j) “Cost share” means a DHHS-determined portion
of the standard rate charged as a fee to parents for child care services, based
on family size and income pursuant to He-C 6910.18.
(k) “Department (DHHS)” means the department of
health and human services of the state of New Hampshire.
(l) “Division for children, youth, and families
(DCYF)” means the organizational unit of DHHS that provides services to
children, youth, and families referred by courts pursuant to RSA 169-B, RSA
169-C, RSA 169-D, RSA 170-B, RSA 170-C, and RSA 463.
(m) “Employment-related activities” means
participation in an approved activity that is designed to assist parents to
enter, re-enter, or remain in the workforce as described in He-C 6910.07(e).
(n) “Enrolled child care provider” means a child
care provider who has met the qualifications and requirements found in He-C
6914 and He-C 6912 and is authorized to receive payment from DHHS for child
care services provided. The term
includes the definition of “registered provider” pursuant to RSA
170-E:6-a.
(o) “Family” means a child(ren) and an adult(s)
who reside in the same household and who have a birth, foster, step, adoptive,
legal guardianship, or caretaker relative relationship.
(p) “Foster parent” means an individual who has a
license or permit for foster family care, pursuant to He-C 6446.
(q) ”Fraud”
means “fraud” as defined in RSA 167:58,IV.
(r) “Friend or neighbor provider” means a
provider who cares for any number of his or her own children, whether related
biologically or through adoption, and up to 3 additional children regularly for
any part of the day, but less than 24 hours.
(s) “Full time” means greater than 30 hours of
child care per week.
(t) “Half time” means greater than 15 and equal
to or less than 30 hours of child care per week.
(u) “Job search” means a 92-calendar day period:
(1) Granted at
initial eligibility, during which a parent is actively seeking employment; or
(2) Granted
during a 12-month eligibility period when a parent’s approved activity
terminates, to allow a parent the opportunity to engage or re-engage in an
approved activity.
(v) “Legal guardian” means
an individual who is given legal authority by a court and charged with the duty
to provide care, custody, and supervision of the child(ren).
(w) “Licensed” means a child
care provider has been issued a child care license to operate by the
commissioner of DHHS, in accordance with RSA 170-E, or has been issued a child
care license to legally operate as a child care provider in accordance with the
licensing requirements of a state neighboring New Hampshire.
(x) “License-exempt facility-based program” means a license-exempt child care provider pursuant to
RSA 170-E:3, I (f) and(g).
(y) “License – exempt in
home provider” means a person who is:
(1) Providing
child care in a private home;
(2) Exempt from
licensure pursuant to RSA 170-E:3; and
(3) Either a
relative provider or a friend or neighbor provider.
(z) “NH
Bridges” means the automated case management, information, tracking, and
reimbursement system used by DHHS.
(aa) “Notification” means a written or printed
document that advises:
(1) Families of:
a. The results
of eligibility determinations; and
b. Other
changes in child care scholarship; or
(2) Providers
of:
a. Changes to a
family’s child care scholarship, as applicable;
b. The
maintenance of the provider’s enrollment status; and
c. Other
information related to the provider’s compliance with these rules.
(ab) “Parent” means an individual who has a birth,
adoptive, or step-parent relationship to the child(ren), a foster parent as
defined in (p) above, a legal guardian as defined in (v) above, or a caretaker
relative as defined in (c) above.
(ac) “Part time” means one to 15 hours of child
care per week.
(ad) "Preventive child care" means child care authorized by the comprehensive
family support agencies to prevent child abuse or neglect and to give the
parent an opportunity to participate in programs designed to teach positive
parenting skills and address concerns that could lead to child abuse or
neglect.
(ae) “Protective child care” means child care
authorized by DCYF while there is an open assessment or a founded case of child
abuse or neglect in order to assist the parent, according to (ab) above, in
maintaining employment, or when child care is in the best interest of the child
or to provide an opportunity to address the concerns that lead to abuse or
neglect.
(af) “Recipient” means a member of a family who
meets eligibility requirements or authorization pursuant to He-C 6910 or He-C
6912 and is receiving child care scholarship from DHHS. The term includes the definition of “parent”
in (ab) above.
(ag) “Registration fee”
means a fee paid to a child care
provider to register, enroll or sign up for child care services.
(ah) “Relative
provider” means a provider who only cares for his or her children, children
related to the provider, and children residing with the provider.
(ai) “Standard rate” means a DHHS determined rate
used to calculate a child care scholarship and cost share amounts. This term
includes "weekly standard rate”.
Source. #12224, eff 7-10-17; ss by
#13066, eff 7-1-20
He-C 6918.04 Child
Care Billing and Payment Requirements.
(a) DHHS shall
make child care payments on behalf of an eligible child directly to a DHHS
enrolled child care provider within 21 calendar days from receipt of the
provider’s correctly completed invoice based on the child’s attendance up to
the authorized service level and if all of the requirements of He-C 6918 are
met.
(b) All child
care providers and authorized representatives, if any, shall be required to
submit invoices via the DHHS web billing application at
https://business.nh.gov/beb/pages/index.aspx, and:
(1) Request a
web billing account from DHHS by completing, signing, and submitting Form 2679
“Provider Web Billing User Account Request Form” (February 2017);
(2) Be issued a
logon by DHHS for use in accessing the web billing account; and
(3) Be issued a temporary personal identification
number (PIN) by DHHS for use in submitting web billing invoices and certifying
to the information in (g)(4) below. The PIN shall denote the user’s signature.
(c) Neither the
child care provider nor any authorized representative shall transfer his or her
logon or PIN, or allow use of his or her log on or PIN by any other person.
(d) Each child
care provider shall maintain weekly attendance records as described in (e)
below for a period of 3 years for each week billed to DHHS.
(e) Each child
care provider shall accurately document the following information on a weekly
attendance record:
(1) The name of
the child care provider or program;
(2) The date of
service including the month, day, and year;
(3) The child’s
first and last name;
(4) The time of
the child’s arrival and departure; and
(5) The
parent’s original signature, or electronic signature, including the first and
last name.
(f) Child care
payments in (a) above shall be made if the child care provider:
(1) Is enrolled
with the DHHS child care scholarship program pursuant to He-C 6914 and He-C
6912;
(2) Has on a
weekly basis, submitted a billing invoice for each eligible child according to
(g) or (h) below, as applicable:
a. Where the
hours present and billed matches the arrival and departure times on the
attendance records signed by the parent;
b. Where the
child absentee hours reflect hours the child was absent;
c. Where the hours billed do not include any hours
beyond the child’s last day in attendance; or
d. Where the
invoice does not include fees or extra charges such as materials, activity,
field trip, fees, or late pick up charges or deposits which cover a portion of
the payment; and
(3) Is an
enrolled license-exempt child care provider and has been the only person
providing the child care and supervision for the time billed to DHHS.
(g) For
employment-related child care, DHHS shall make payment to the provider if:
(1) The
provider or parent has submitted a completed, signed, and dated Form 1863,
“Child Care Provider Verification,” (May 2020) pursuant to He-C 6910 with the
understanding that:
“A licensed is required when care is given in a
private home for more than 3 children, unrelated to the provider at any given
time, in addition to my own children;
I cannot be reimbursed for child care scholarship if I
reside in the same home as the child that I am caring for and/or if the child
has a biological, step, or adoptive relationship to me; and
The department may release child care information to
the above-named provider by the Department of Health and Human Services.”;
(2) The family
was eligible for child care scholarship during the time period indicated in the
child care provider’s billing invoice;
(3) The child
care provider or an authorized representative completes and submits a billing
invoice for each child pursuant to He-C 6918.04(b); and
(4) The web
billing PIN is submitted to DHHS to certify that:
a. The billing
was completed in accordance with this section;
b. The hours
included on the invoice are one of the following:
1. Hours in
which the child care services were provided;
2. Hours the
child was absent;
3. The closure
hours available, per calendar year, to the provider include:
(i)
Thanksgiving day;
(ii) Christmas
day;
(iii) New
Year’s day;
(iv) Twelve
hours of staff professional development;
(v) Twelve
hours of program closures;
4. A federal,
state, or DHHS administrator declared disaster closure day(s); or
5. Any
combination of 1. – 4. above; and
c. The billing
is true and accurate.
(h) Payment for
preventive or protective child care services shall be authorized:
(1) For
protective child care, Form 2110 “Service Authorization,” (6/30/08), completed
by the child protection social worker (CPSW);
(2) For
preventative child care, Form 1902 “Referral for Preventive Child Care
Services,” (February 2017), completed by the comprehensive family support
agency; and
(3) For both
protective and preventive child care, Form 1864 “Protective Child Care Provider
Verification” (February 2017), completed by the provider, pursuant to He-C
6912.
(i) Payment for
preventive or protective child care services shall be made by DHHS if:
(1) The child
was authorized for child care scholarship during the time period indicated on
the child care provider billing invoice;
(2) The child
care provider or an authorized representative completes and submits a billing
invoice for each child; and
(3) The web
billing PIN is submitted to DHHS to certify the invoice in accordance with
(g)(4) above.
(j) Billing
pursuant to (g)(4)b.2. and 3. above shall only reflect the hours the child was
scheduled to attend the program.
(k) The
provider shall only bill for the holidays listed in (g)(4)b.3.(i)-(iii) above,
when the child care program is closed.
(l) DHHS shall
not accept paper billing for provider closures listed in (g)(4)b. 3 and 4.
above.
(m) The
provider shall maintain a closure and training calendar in the web billing
application.
(n) A foster
parent with valid licensure to provide child day care services shall be
approved to provide child day care services for children in care only when the
ratio of children in care to other children receiving child day care services
in the home is at least one to one.
(o) Upon
written request from DHHS, and within 7 business days of such request, each
child care provider shall provide DHHS with weekly attendance records as
described in (e) above as supplemental billing documentation.
(p) If DHHS
determines a child care provider submitted incorrect billing:
(1) DHHS shall
adjust the incorrect billing invoice to negate the payment; and
(2) DHHS shall
notify the provider to correct the billing errors and resubmit the billing
invoice no later than 60 days from the date of service.
(q) If the
provider does not comply with (p)(2) above, DHHS shall withhold the total
amount of the child care payment from future DHHS payments to the provider,
beginning with the next scheduled payment.
(r) DHHS shall
not pay the billing invoice if the provider does not resubmit the billing
invoice correctly in accordance with (f), (g), (h), (i) and (j) above.
(s) If DHHS
determines the provider or the provider’s authorized representative has
repeatedly submitted the billing invoices incorrectly, DHHS shall issue a
notification with the following information:
(1) A
description of the billing errors, including the type and frequency of the
errors, and instructions on how to correct the billing errors;
(2) The
required web-based training the provider shall attend within 20 business days
of the date of the notification;
(3) How to
access the mandated web-based training; and
(4)
Notification that provider disqualification shall occur if:
a. Further
billing errors occur after the provider has attended the mandated web-based
training; or
b. The provider
does not attend the mandated web-based training within 20 business days of the
day of notification.
(t) Any child
care provider applying for a DHHS assistance program shall report all child
care payments received as income.
(u) A child
care provider shall not be eligible to receive payments for child care services
for a specific child when the provider has not:
(1) Submitted a
weekly billing invoice and been paid within 60 days of the date of service in
accordance with (f), (g), and (h) above; or
(2) Submitted
invoices in accordance with (e) above.
(v) No claims
shall be paid over 60 days.
(w) If DHHS
does not pay the child care provider because the provider’s billing practices
are contrary to the provider agreement, He-C 6914, He- C 6912, and He-C 6918,
the provider shall:
(1) Only charge the parent the DHHS cost share plus
the co-payment and not bill the parent for the cost of the child care services
that could have been paid by DHHS; and
(2) Forfeit the
right to pursue payment.
(x) DHHS shall
issue to a child care provider a federal Form 1099 in January of each calendar
year if the total reportable payment from all state agencies equals $600.00 or
more.
(y) If an
overpayment is received, a provider shall contact DHHS provider relations at
(800) 852-3345.
(z) A provider
and a parent shall determine whether the amount the parent or guardian pays the
provider each week shall include one or both of the following:
(1) All or part
of the cost share; and
(2) All or part
of the copayment which is the difference between the DHHS maximum standard rate
and the provider’s regular weekly fee.
(aa) DHHS shall allow one child care registration
fee payment for employment related child care, up to $50.00 per calendar year
for each child eligible for child care scholarship.
(ab) DHHS shall allow for preventive and
protective child care registration fee payment, determined by the provider
charge, for each child eligible for child care scholarship.
(ac) The registration fee charged in (z) and (aa)
above shall not exceed the amount the provider charges to a private paying
family.
(ad) DHHS shall not accept paper billing for child
care registration fees.
Source. #12224, eff 7-10-17; ss by
#13066, eff 7-1-20
He-C 6918.05 Child
Care Scholarship Payment.
(a) Child care
scholarship payments shall be made when children are absent such that each
child shall receive a DHHS determined monthly allotment of absentee hours based
on the child’s authorized service level that will be used whenever a child is
absent until the monthly allotment is exhausted.
(b) The monthly
absentee allotment shall be:
(1) Twenty-one
hours for full time; or
(2) Thirteen
hours for half time.
(c) Part time service level does not require a
monthly allotment.
(d) Child care
providers shall be paid a weekly standard rate based on the child care
scholarship standard rate methodology pursuant to He-C 6910.17 and He-C
6912.16.
(e) The
employment related NH child care scholarship cost share for each family shall
be determined according to He-C 6910.18.
(f) For
employment related child care, child care scholarship payment shall begin on
the date of the completed and signed child care application or the begin date
of child care on Form 1863 “Child Care Provider Verification” (May 2020),
whichever is later.
(g) For
preventive and protective child care, child care scholarship payment begins on
the date of the child care authorization for child care scholarship.
(h) A provider
shall submit an annual report to DHHS specifying how monies were spent for a
child(ren) experiencing a disability or significant special need in accordance
with He-C 6910.09(j)(2)b, He-C 6912.05(f)(2)b., and He-C 6912.10(b)(2)b.
Source. #12224, eff 7-10-17; ss by #13066, eff 7-1-20
He-C 6918.06 Provider
Disqualification. Any enrolled
licensed or license-exempt child care provider shall be disqualified if he or
she has:
(a) Submitted a
billing invoice, including, but not limited to the following:
(1) Billing for
child care services not provided; or
(2) Billing for
child care services provided:
a. By another
person or provider; or
b. While not in
compliance with child care licensing requirements under He-C 4002;
(b) Either:
(1) Not
provided the supporting billing documentation as required by He-C 6918.04(g)
and (h); or
(2) Provided
information on the supporting billing documentation that is fraudulent, false,
or misleading, including weekly attendance records;
(c) Not met the
criteria in He-C 6914.08(c)(2), or He-C 6912.17 (c)(2) but has been determined
to have repeated billing errors after
receiving a notification from the DHHS identifying the errors and correct
billing procedures pursuant to He-C 6918.04(s), and the provider:
(1) Failed to
complete the mandated web-based training; or
(2) Completed
the mandated web-based training but continued to submit the billing invoices or
attendance records incorrectly; or
(d) Been
disqualified pursuant to He-C 6914.08(c) or (d) or He-C 6912.17 (c) or (d).
Source. #12224, eff 7-10-17; ss by #13066, eff 7-1-20
He-C 6918.07 Appeals.
(a) A provider
or parent may appeal a decision made by DHHS within 10 business days of the
receipt of the notification when:
(1) The payment
has been withheld; or
(2) The payment
amount is disputed.
(b) The request
for an appeal shall be made in accordance with He-C 200.
Source. #12224, eff 7-10-17; ss by #13066, eff 7-1-20
He-C 6918.08 Recoupment
of Overpayments.
(a) An
overpayment shall have occurred under one of the following conditions:
(1) When a
provider or parent requests continuation of a child care scholarship according
to He-C 6918.07, pending the outcome of an appeal and the appeal decision
upholds the DHHS proposed action; or
(2) For any
other reason that a provider received an incorrect higher amount of payment
than he or she should have received.
(b) When an
overpayment has occurred, DHHS shall determine the cause in accordance with
(c), (e), (h), and (i) below.
(c) The
overpayment shall be solely the fault of the provider when the parent is in
compliance with the provisions of He-C 6910 and He-C 6912, and the provider has
been paid for child care services:
(1) Not
provided; or
(2) That were
not provided in compliance with He-C 6912, He-C 6914, He-C 6918, and the
provider agreement.
(d) If the
overpayment has been determined to be solely the fault of the provider, the
provider shall receive a notification that an overpayment has occurred, and that
repayment shall be made in accordance with (j) below.
(e) The
overpayment shall be solely the fault of the parent if:
(1) The
provider is in compliance with He- C 6912, He-C 6914 and He-C 6918 and the
provider agreement;
(2) The parent
has not complied with the provisions of He-C 6910 or He-C 6912; and
(3) The
provider has no knowledge that the parent was out of compliance with the
provisions of He-C 6910 or He-C 6912.
(f) If an
overpayment has been determined to be solely the fault of the parent, by a
false statement, misrepresentation, or concealment, the parent shall receive
notification that an overpayment has occurred and payments shall be recouped in
accordance with RSA 167:17-a.
(g) The
overpayment shall be the fault of both the parent and provider when:
(1) Both
parties are out of compliance with He-C 6910, He-C 6912, He-C 6914 and He-C
6918; or
(2) Both
parties were in collusion, meaning they agreed to actions with the
understanding that their actions constituted a violation of the provisions of
these rules, He-C 6910, He-C 6912, He-C 6914 or He-C 6918.
(h) If the
overpayment is determined to be the fault of both the parent and the provider,
notification shall be sent to both parties, and DHHS shall initiate further
action such as recoupment of payment from either or both the parent and
provider.
(i) If the
provider or parent has opted to continue to receive a child care scholarship
pending the outcome of the appeal and the appeal decision upholds the DHHS
proposed action as in (a)(1) above, the provider or parent requesting the
continuing child care scholarship shall be the cause of the overpayment and
shall be responsible for the repayment.
(j) Within 30
days of notification in accordance with (d) above, the provider shall agree to
do one of the following:
(1) Repay the
overpayment in full; or
(2) For a
currently enrolled child care provider, choose to have the total amount of
child care payment withheld from future
DHHS child care payments to the provider, beginning with the next scheduled
payment after an agreement has been reached or after the 30 days has elapsed,
whichever occurs first, until the overpayment is repaid in full.
(k) If the
provider fails to comply with (j) above, then the overpayment shall be recouped
in full beginning with the next scheduled payment to the provider after the 30
days has elapsed, or for as long as is necessary to recoup the overpayment in
full.
He-C
6918.09 Confidentiality.
(a) Except for
law enforcement agencies or in an administrative proceeding against the child
care provider, the department shall keep confidential any information collected
during an investigation, unless it receives an order to release, destroy, or
take any action relating to the information from a court of competent
jurisdiction.
(b) A provider
shall maintain all records, whether in electronic or paper format, required by
He-C 6918, and the records shall be:
(1) On the premises; and
(2) Accessible and available for review by the
department, upon request, for 3 years, unless otherwise specified.
(c) A child
care provider shall keep confidential all records required by the department
pertaining to the admission, progress, health, and discharge of children under
their care and all facts learned about children and their families with the
following exceptions:
(1) A child care provider shall allow the
department access to all records required by department rule or state statute,
and to such records as necessary for the department to determine staffing patterns
and staff attendance; and
(2) A child care provider shall release
information regarding a specific child only as directed by a parent of that
child, or upon receipt of written authorization to release such information,
signed by that child’s parent.
Source. #12224, eff 7-10-17; ss by #13066, eff 7-1-20
He-C
6918.10 Waiver of Rules.
(a) Providers
who request a waiver of a requirement in He-C 6918 shall submit a written
request to DHHS, which includes the following information:
(1) The program
name, address, phone number, and NH Bridges resource ID number assigned by the
department;
(2) The
specific reference to the section of the rule for which a waiver is being
requested;
(3) An
explanation of why a waiver is necessary, the length of time for which the
waiver is requested, not to exceed 92 days, and any effect the granting of the
waiver will have on the health and safety of the children in the program;
(4) The number
and age range of children who will be affected by the waiver;
(5) A written
plan to achieve compliance with the rule or explaining how the provider will
satisfy the intent of the rule, if the waiver is granted;
(6) The
signature of the enrolled child care provider; and
(7) The
signature of the parent or copy of a notice which has been shown to, or mailed
to each parent, explaining the waiver request and informing the parent that he
or she may call the department if they have any concerns about the requested
waiver.
(b) A waiver
shall be granted to the child care provider if:
(1) The
department concludes that authorizing deviation from compliance with the rule
from which the waiver is sought does not contradict the intent of the rule or
conflict with statute; and
(2) The
alternative proposed ensures that the object or intent of the rule will be
accomplished.
(c) When a
waiver is approved, the program’s subsequent compliance with the alternatives
approved in the waiver shall be considered equivalent to complying with the
rule from which the waiver was sought.
(d) The
department shall not approve any request for a waiver of any of the provisions
relevant to state or federal law or any rules of other state agencies, which
are referred to in this rule.
(e) A waiver
request shall be denied when any of the following occurs:
(1) The
department finds that approval of the requested waiver will jeopardize the
health or safety of children;
(2) The
department finds that approval of the requested waiver will impair the
program’s or provider’s ability to adequately care for children; or
(3) The
department finds that approval of the requested waiver will impair the
operations of the program.
(f) A waiver
shall be granted in writing for the duration of time requested in (a)(3) above,
from the date the waiver was granted.
Source. #13066, eff 7-1-20
He-C
6919 – RESERVED
PART He-C 6920
CRIMINAL RECORDS AND CENTRAL REGISTRY CHECK FOR LICENSE-EXEMPT CHILD
CARE PROVIDERS
Statutory Authority:
RSA 170-E:7
He-C
6920.01 Purpose. The purpose of this part is to
describe the procedures and requirements used by the department of health and human services
(DHHS), through the division of economic and housing stability (DEHS) and the bureau
of child development and head start collaboration (BCDHSC), to conduct and act
on criminal records and central registry checks for license-exempt child care
providers, pursuant to RSA 170-E:3-a and RSA 170-E:7, and to set forth the
requirements for confidentiality of any information obtained during those
procedures.
Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff
8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12; ss by #13401, eff 7-1-22
He-C
6920.02 Scope. This
part shall apply to the individuals, programs, staff and household members of
all license-exempt child care providers listed in RSA 170-E:3, I (a) through (h)
who have applied for or are receiving child care reimbursement from the state
of New Hampshire.
Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff
8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12; ss by #13401, eff 7-1-22
He-C 6920.03 Definitions.
(a) “Applicant” means an individual or child care provider
who applies for authorization to be reimbursed by the state of NH as an
enrolled child care provider as described in (j) below and in accordance with
He-C 6910.
(b)
“Assistance group” mean the
individuals who are residing in the same household whose needs
and income are
considered and combined together when determining eligibility and the amount of
assistance for child care.
(c)
“Authorized
representative” means the person who is designated or authorized by a child
care provider to act on behalf of that provider in matters
related to billing DHHS for child care services provided and is not the parent
of a child in the provider’s care who is receiving child care scholarship.
(d) “Background check” means the process of conducting
central registry and criminal records searches pursuant to RSA 170-E:3-a and
RSA 170-E:7.
(e) “Caretaker relative” means a relative, who is not
the biological parent of a child, but is providing care and supervision of the
child in the assistance group.
(f) “Central registry” means the state registry of founded
reports of child abuse and neglect as established and defined under RSA
169-C:35.
(g) “Child
care” means the act of providing supervision, food, activity, and rest for
a child for a period less than 24 hours per day, in order to assist a parent, caretaker relative, or
legal guardian in preparing for, securing, or maintaining employment or
employment-related education or training apart from the child’s parent,
caretaker relative, foster parent, or legal guardian.
(h) “Child
care reimbursement” means the receipt of state funds by a provider of child
care services on behalf of a family which meets the eligibility
criteria of He-C 6910.
(i) “Criminal
records” means information relative to conviction for felonies, misdemeanors,
or violations maintained by the New Hampshire department of
safety, division of state police as provided for under RSA 106-B:14 and
information relative to criminal convictions maintained in the Federal Bureau
of Investigation fingerprint database.
(j) “Enrollment”
means that a child care provider has met the requirements in He-C 6910.20 and
is authorized to receive payment for
services from DHHS.
(k)
“Foster parent” means an individual who has a
license or permit for foster family care, pursuant to He-C 6446.
(l)
“Household member” means any individual, regardless
of relationship, who lives with a private home provider.
(m) “Legal
guardian” means an individual, who is given legal authority by a court and
charged with the duty to provide care,
custody, and supervision of a child.
(n) “License-exempt
facility-based program” means a license-exempt child care provider
pursuant to RSA 170-E:3, I (f) and (g) that is enrolled as a child care
provider pursuant to He-C 6914.
(o) “License-exempt
in-home home provider” means an individual who is:
(1)
Providing child care services in a private home;
(2)
Exempt
from licensure pursuant to RSA 170-E:3(h); and
(3)
Either a relative provider or a friend or neighbor provider.
(p) “Parent” means an individual who has a birth,
adoptive, or stepparent relationship to a child or children, a foster parent as
defined in (k) above, a legal guardian as defined in (n) above, or a caretaker
relative as defined in (e) above.
(q) “Present threat” means that, based on the facts
revealed in the background check or in the subsequent investigation, a
reasonable person might conclude that the safety of children might be at risk.
(r) “Provider”
means an individual or a public or private organization enrolled with the
department in accordance with He-C 6910 to provide child care services to a
family, which includes license-exempt in-home providers as defined in (q) above.
(s) “Regular contact” means a household member, staff
member, or any other individual who might:
(1) Have access to the premises
where child care is being provided; and
(2) Be present when there are
children in child care.
(t) “Staff
member” means any individual, whether paid, unpaid, or volunteer who is
used to meet staff to child ratios or who will be alone with children and is
providing child care for children at a facility-based program or who has regular contact with children in
child care at the facility-based program in accordance with RSA
170-E.
(u) “Supporting documentation” means information that is
submitted by the applicant, provider, staff member, or household member in
order to demonstrate that the individual does not pose a present threat to the safety of children,
which may include written and oral statements and interviews that relate to:
(1) The individual’s character;
(2) The circumstances of the
behavior in question; or
(3) The specific act(s) under
scrutiny.
Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff
8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12; ss by #13401, eff 7-1-22
He-C
6920.04 Background
Check Requirements.
(a) A
background check shall be conducted in accordance with RSA 170-E:3-a and RSA
170-E:7 on any of the following individuals who will have regular contact
with or provide care for children in a child care setting in a private home or
facility-based program:
(1) The applicant or in-home provider;
(2) Each staff member affiliated
with the facility-based program; and
(3) All household members residing
with the applicant or in-home provider.
(b) A
background check of each individual listed in (a) above who are 18 years of age
or older shall be conducted in accordance with RSA 170-E:3-a and RSA 170-E:7
and as described in (c), (d), or (g) below, as follows:
(1) At the time of an applicant’s
initial request for enrollment in accordance with He-C 6914;
(2) For facility-based programs, prior
to the first day of employment for any new staff member;
(3) For in-home providers, prior to the
first day that:
a. A new household member moves
into the home; and
b. A previous household member
returns to the home;
(4)
For in-home providers, within 30
calendars days that a current household member turns 18 years of age; and
(5) Once every 5 years for each individual listed in (a) above in order
to maintain enrollment.
(c) Form
DSSP372 “New Hampshire Health and Human Services Criminal History Record
Information Authorization,” (October 2016) shall be completed for the release
of criminal records, as well as state and national sex offender registry
checks, and submitted to DHHS in accordance with RSA 170-E:7 and the department
of safety administrative rules Saf-C 5703.10 and Saf-C 5703.11 for
individuals listed in (a) above who are 18 years of age or older.
(d) During
the initial request for enrollment, a complete set of fingerprints shall be
submitted with the authorization for release in (c) above in accordance with
RSA 170-E:7, I for individuals in (a) above who are 18 years of age or older.
(e) The
form identified in (c) above and the set of fingerprints required by (d) above
shall be submitted in accordance with RSA 170-E:7, I, and II to:
NH State Police, Criminal Records Unit
33 Hazen Drive
Concord, NH 03301
(f) Any
forms erroneously submitted to the BCDHSC shall be returned to the provider or
applicant seeking enrollment.
(g) For
any individual in (a) above who is 12 years of age or older, the provider shall
complete and submit Form 2503 entitled “NH Child Abuse and Neglect Central
Registry Name Search Authorization Lead Agency Child Care Release of
Information” (May 2020) for the purpose of submitting the individual’s name for
a check against the central registry of New Hampshire and any other state the
individual has lived in during the previous 5 years.
(h) The
form in (g) above shall be submitted to:
Bureau of Child Development and Head Start
Collaboration
Attention: Provider Enrollment Specialist
Division of Economic and Housing Stability
129 Pleasant Street
Concord, NH 03301
(i) Any
individual who has been separated from employment from a child care provider
within the state for a period of 180 consecutive days or more, shall be
required to submit a new criminal background check prior to employment or
submitting an application seeking enrollment, as described in (b)(5) above
pursuant to RSA 170-E:7, II-a, (b).
(j) If the results of the background check are
not received by BCDHSC due to the applicant’s or provider’s failure to complete
the process described in He-C 6920.04(a) through (h) above, the application for
initial enrollment or renewal of enrollment shall be denied, and the payments
to the provider shall be withheld in accordance with He-C 6920.08.
(k) BCDHSC shall make a
determination regarding the individual’s eligibility in accordance with RSA
170-E:7, III, and IV, and notify the provider and individual within 45 days of
submission of all required information.
(l) Individuals required to
complete background record checks as specified in (a), (c), (d), and (g) above shall
not have access to children or be on the premises of the child care facility,
the in-home provider’s home, or the child’s home, if care is provided there, during
the hours of child care until the provider receives notice of eligibility to
work pursuant to RSA 170-E:7,III from BCDHSC.
(m) When BCDHSC receives the
results of the fingerprint-based background check for a staff member in a
facility-based program
that does not include any disqualifying information as described in RSA
170-E:7, III, and IV, BCDHSC shall notify the program that the staff member may
be present in the program, provided the staff member is never alone with
children and always under the direct supervision
and observation shall continue until BCDHSC receives all results from the
background check required in RSA 170-E:7 and notifies the program and staff member.
Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff
8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12; ss by #13401, eff 7-1-22
He-C 6920.05 Procedure When a Criminal
Conviction or Central Registry History Exists.
(a)
BCDHSC shall send written notification in accordance with this section when the
results of the background check completed in accordance with He-C 6920.04 show
that:
(1) The individual might pose a present
threat to the safety of children due to:
a. A conviction that is a felony
offense that might be directly or indirectly harmful to children in child care;
b. A founded report of abuse or
neglect in the central registry; or
c.
Any conviction listed in RSA 170-E:7 III, or IV; or
(2) The individual might pose a
present threat to the safety of children as a result of a criminal conviction
history that includes a violent or sexually related crime against a child or an
adult.
(b) When
an applicant’s background check indicates a conviction or finding as described
in (a) above, the applicant shall receive written notification of the following:
(1) The results of the background
check;
(2) A request that the applicant
submit supporting documentation within 10 calendar days of the date of receipt
of the notification;
(3) Information that BCDHSC shall
review the supporting documentation submitted and shall conduct an
investigation in accordance with He-C 6920.07 in order to make a determination
on the application;
(4) Information that failure to
submit supporting documentation as described in (2) above shall result in
denial of the application;
(5) Information that if the
investigation indicates that the applicant poses a present threat to the safety
of children, then the application shall be denied; and
(6) Information that the
applicant may appeal BCDHSC’s decision on the application in accordance with
He-C 6920.10.
(c) When
an in-home provider’s background check at subsequent background checks as
required in He-C 6920.04(b)(5), indicates a conviction or finding as described
in (a) above, the provider shall receive written notification of the following:
(1) The results of the background
check;
(2) That payments to the in-home
provider shall be withheld until an investigation is completed in accordance
with He-C 6920.07;
(3) A request that the in-home provider
submit supporting documentation within 10 calendar days of the date of receipt
of the notification;
(4) Information that BCDHSC shall
review the supporting documentation submitted and conduct an investigation in
order to make a determination as follows:
a. That if the individual poses
a present threat to the safety of children, then BCDHSC shall revoke their
enrollment in accordance with He-C 6920.08; or
b. That if the individual does
not pose a present threat to the safety of children, then BCDHSC shall reinstate
payments;
(5) Information that failure to
submit supporting documentation as described in (3) above shall result in
revocation of the enrollment; and
(6) Information that the in-home
provider may appeal the revocation in accordance with He-C 6920.10.
(d) When
a facility-based program staff member is working per He-C 6920.04(m) and the
staff member’s background check indicates a conviction or finding as described
in (a) above, the staff member, and authorized representative shall receive
written notification as follows:
(1) The facility-based program shall be
notified that:
a. The background check reveals
a conviction or finding as described in (a) above;
b. The authorized
representative shall submit a corrective action plan in accordance with He-C
6920.06; and
c. The facility-based program shall
temporarily suspend the staff member pending the outcome of the investigation
unless a corrective action plan has been approved by BCDHSC in accordance with He-C 6920.06; and
(2) The staff member shall be
notified of the following:
a. The results of the
background check;
b. That the staff member shall submit
supporting documentation within 10 calendar days of the receipt of the
notification; and
c. The facility-based program shall
temporarily suspend the staff member pending the outcome of the investigation.
(e) When
a background check of a household member who shall be present at the residence
while there are children in care indicates a conviction or finding as described
in (a) above, written notification shall be sent as follows:
(1) The applicant shall be
notified that:
a. The background check indicates a
conviction or finding as described in (a) above;
b. Supporting documentation
showing that the household member does not pose a present threat to the safety of children shall be
submitted within 10 calendar days of the date of receipt of the notification by
the following:
1. The household member, if over
the age of 18; or
2. The parent or legal
guardian, if the household member is under the age of 18;
c. Failure to submit the
supporting documentation in b. above shall result in the denial of application;
and
d. The applicant may appeal the
decision to deny the application in accordance with He-C 6920.10;
(2) The in-home provider shall be
notified that:
a. The background check indicates
that the household member has a conviction or finding as described in (a) above;
b. The in-home provider shall
submit a corrective action plan as described in He-C 6920.06;
c. Supporting
documentation showing that the household member does not pose a present threat
to the safety
of children shall be submitted within 10 calendar days of the date of receipt
of the notification by:
1. The household member, if
over the age of 18; or
2. The parent or legal guardian, if the household
member is under the age of 18;
d. Payments shall be withheld
pending the investigation;
e. Failure
to submit a corrective action plan as described in b. above shall result in
revocation of the enrollment in accordance with He-C 6920.08;
f. Failure to submit supporting documentation as
described in c. above shall result in revocation of the enrollment in
accordance with He-C 6920.08; and
g. The
in-home provider may appeal the decision to revoke the enrollment in accordance
with He-C 6920.10;
and
(3) The household member or parent
or legal guardian, as applicable, shall be notified:
a. Of the results of the background
check; and
b. That the individual shall
submit supporting documentation that they do not pose a present threat to the safety of children within
10 calendar days of the notice in (1) or (2) above.
(f) If
the staff member or household member does not submit supporting documentation
as described in (c), (d), or (e) above, then BCDHSC shall:
(1) Notify
the applicant, in-home provider, or facility-based program that the respective
staff member or household member is not cooperating with the
investigation; and
(2) Notify the in-home home
provider and facility-based program that if the supporting documentation is not
received within 2 business days of the date of receipt of the notice, then child
care payments shall be withheld until the information is received.
(g) If
the time limit in (f)(2) for receipt of information has been exhausted, then
payment to the in-home provider or facility-based program shall be withheld
until one of the following is met:
(1) The supporting documentation
requested is submitted, the investigation is completed, and the result of the
investigation shows that the staff member or household member does not pose a
present threat to the safety of children;
(2) The facility-based program submits
supporting documentation that the staff member is no longer affiliated with the
facility-based program, such as, but not limited to:
a. Staff records which indicate
that the staff member has not been in attendance;
b. A copy of the termination
letter from the provider to the staff member;
c. A copy of the resignation
letter from the staff member; or
d. A signed and dated statement
from the authorized representative that the staff member is no longer
affiliated with the facility-based program; or
(3) For in-home providers, a signed
and dated statement from the in-home provider that confirms that the household member shall not:
a. Be on the premises when
there are children in child care; and
b. Have any contact with the
children in child care.
Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff
8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12; ss by #13401, eff 7-1-22
He-C 6920.06 Corrective Action Plans.
(a) A
corrective action plan shall be submitted within the following timeframes:
(1) For applicants, the
corrective action plan shall be submitted to BCDHSC within 10 days of receipt
of notification of the results of an investigation in He-C 6920.07 that finds
that a staff member or household member poses a present threat to the safety of
the children in child care; or
(2) For in-home providers and
facility-based programs, the corrective action plan shall be submitted to BCDHSC
within 2 business days of receipt of notification in He-C 6920.05.
(b) Corrective
action plans shall meet the following requirements:
(1) For in-home providers,
corrective action plans shall indicate that the household member:
a. Shall not be on the premises
during the hours that the provider is providing child care; and
b. Shall not have contact with
the children in child care;
(2) For facility-based providers,
corrective action plans shall:
a. Indicate that the staff
member is no longer affiliated with the facility-based program and describe the
steps that the applicant or facility-based program intends to take to ensure that
the staff member:
1. Shall not be on the premises
during the hours of child care; and
2. Shall not have contact with the
children in child care; or
b. Include plans for the direct
supervision of the staff member and other proposed measures designed to ensure
the safety of children; and
(3) For both (1) and (2) above,
corrective action plans shall include an immediate implementation date for the actions identified.
(c) The department shall
reject a corrective action plan submitted by a provider or applicant when
the plan fails to meet the applicable standards established in (b)
above.
(d) The
applicant, in-home provider or facility-based program shall submit
documentation that confirms the corrective action plan described in (b) above
has been implemented, including but not limited to:
(1) Staff records which indicate that
the staff member has not been in attendance;
(2) A copy of the termination
letter from the facility-based program to the staff member;
(3) A copy of the resignation
letter from the staff member;
(4) A signed and dated statement
from the facility-based program confirming that the staff member is no longer
affiliated with the program;
(5) A signed and dated statement from
the in-home provider or facility-based program that the staff member or
household member shall not be on the premises when there are children in child
care and shall not have contact with the children in child care; or
(6) A signed and dated statement
from the applicant, in-home provider, or facility-based program that the proposed measures described
in the corrective action plan, and as agreed upon with BCDHSC, have been
implemented.
(e) An
applicant’s or provider’s failure to submit a corrective action plan or to
comply with a corrective action plan shall result in:
(1) The denial of the application
for enrollment as described in He-C 6920.08; or
(2) The revocation of the provider’s
enrollment as described in He-C 6920.08.
Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff
8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12 (from He-C 6920.09); ss by
#13401, eff 7-1-22
He-C 6920.07 Investigations.
(a) BCDHSC
shall conduct an investigation when the individual has a:
(1)
Finding
of abuse, neglect, or exploitation of any person;
(2)
Conviction
of child endangerment, fraud, or a felony against a person in this or any other
state by a court of law;
(3)
Conviction
of any crime as referenced in RSA 170-E:7, III or IV; or
(4)
Complaint
of abuse, neglect, or exploitation substantiated by the department or in any
other state.
(b) During an investigation, BCDHSC shall conduct
the investigation as follows:
(1) Review any and all
information including any supporting documentation gathered during the
background check or submitted by the applicant, in-home provider, facility-based
program, or individual under investigation in accordance with He-C 6920.05, and
this section;
(2) Interview any person who might
have knowledge of the circumstances of the criminal activity or the neglect;
and
(3) Interview any person who can
attest to the present character of the individual.
(c) During
the course of the investigation, each individual for whom a background check
reveals criminal convictions or a history of founded abuse or neglect shall
have the opportunity to present supporting documentation in accordance with RSA
170-E:7, IV and as described in (d) below.
(d) The
applicant, in-home provider, facility-based program staff member, or household
member with the conviction or finding, may submit to BCDHSC any supporting
documentation that states how the individual does not pose a present threat to
the safety of children from mental health professionals, physicians, law
enforcement professionals, or any other professional who can attest as such.
(e) Upon
receipt of the supporting documentation described in (d) above, BCDHSC shall
conduct an investigation to determine whether the individual poses a present
threat to the safety of children in child care by reviewing the following
factors:
(1) The seriousness of the incident(s)
or conviction(s) in relation the individual’s child care responsibilities;
(2) The relationship of the criminal
act to the provision of child care;
(3) The number of incidents or
convictions;
(4) The age of the individual at the
time of the incident(s) or conviction(s);
(5) The amount of time since the
occurrence of the incident(s) or conviction(s); and
(6) Any attempts made by the
individual to correct the behavior, including but not limited to counseling related to the incident.
(f) If
the facts indicate that the individual does not pose a present threat to the
safety of the children in child care, then BCDHSC shall:
(1) Approve the application, if
the applicant is otherwise eligible;
(2) Renew the in-home provider’s
or facility-based program’s enrollment, if the in-home provider or
facility-based program is otherwise eligible; or
(3) Reinstate the in-home provider’s or
facility-based program’s child care payments if previously withheld.
(g) If
the facts indicate that the applicant or in-home provider poses a present
threat to the safety of the children in child care, then the application shall
be denied and the enrollment shall be revoked.
(h) When
the facts indicate that the individual poses a present threat to the safety of
the children in child care, the application shall be denied or an enrollment
shall be revoked if the applicant, in-home provider or facility-based program
does not submit a corrective action plan and:
(1)
The in-home provider does not remove the household member from the home; or
(2)
The facility-based program does not remove the staff member from the
program.
(i) The
applicant, in-home provider, or facility-based program shall submit proof of
the removal of an individual who poses a present threat to the safety of
children within 2 business days from the date of the receipt
of notification in (k) below, or the application shall be denied or the
revocation of the enrollment shall take effect.
(j) The
applicant or provider may appeal the denial of the initial or renewal
application or the revocation of the enrollment in accordance with He-C
6920.10.
(k) The
applicant or provider shall receive written notification of the information
contained in (g) and (h) above.
Source. #7939, eff
8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff
2-21-12 (from He-C 6920.10); ss by #13401, eff 7-1-22
He-C 6920.08 Denial
of Application, Non-Renewal of Enrollment, Withholding of Payments, and
Revocation of Enrollment.
(a) An
application for
enrollment shall be denied as a result of a background check when:
(1) Information regarding the
criminal records or central registry history is not received by BCDHSC as
required by He-C 6920.04;
(2) The applicant, staff
member, or household member fails to submit supporting documentation within 10 days of the
receipt of written notification requesting this information in accordance with
He-C 6920.05; or
(3) The investigation conducted
by BCDHSC on the applicant in accordance with He-C 6920.07 reveals that the applicant, staff
member, or household member poses a present threat to the safety of children.
(b) A
provider’s enrollment shall not be renewed as a result of a background check
when:
(1) Information regarding the
criminal records or central registry history is not received by BCDHSC due to
the failure of the provider to submit the information as required by He-C
6920.04;
(2) The provider, staff member,
or household member fails to submit supporting documentation within 10 days of
the receipt of notification requesting this information in accordance with He-C
6920.05; or
(3) The investigation conducted
by BCDHSC in accordance with He-C 6920.07 reveals that the provider, staff member, or household member
poses a present threat to the safety of children.
(c) Payments to a provider shall
be withheld when:
(1) Information regarding the
criminal records or central registry history is not received by BCDHSC due to
the failure of the in-home provider, household member, or facility-based
program staff member to submit the information as required by He-C 6920.04;
(2) The background check reveals
that the in-home provider, a household member, or a facility-based program staff
member has a criminal history, or a history of founded abuse or neglect as
described in He-C 6920.04; or
(3) An in-home provider, a household
member, or a facility-based program staff member fails to submit supporting
documentation in accordance with He-C 6920.05.
(d) The
withholding of
payments shall continue until a decision is reached by BCDHSC after:
(1) The background check for
the provider, staff member, or household member is completed in accordance with
He-C 6920.04 and if required, supporting documentation as described in He-C
6920.07(d) is submitted;
(2) The investigation is completed
and indicates that the provider, staff member, or household member does not
pose a present threat to the safety of children;
(3) The staff member submits
supporting documentation as described in He-C 6920.07(d);
(4) The staff member is no longer employed by the facility-based program;
or
(5) The household member, or if the household
member is under the age of 18, the parent or legal guardian, provides supporting
documentation as described in He-C 6920.07(d) or no longer resides at the home
of the in-home provider.
(e) Revocation
of a provider’s enrollment shall occur when the results of an investigation
find that the provider poses as a present threat to the safety of children in child care,
or a staff member or household member has been identified to pose a present
threat to the safety of children in child care, and:
(1) The staff member or
household member, or parent or legal guardian if the household member is under
the age of 18,
has failed to submit supporting documentation to BCDHSC within the required timeframes
identified in these rules; or
(2) The provider has:
a. Not completed the corrective
action plan in accordance with the timeframes identified in He-C 6920.06; or
b. Failed to implement or
comply with an approved corrective action plan.
(f) The
applicant or
provider shall be sent written notification by certified mail regarding the
denial or revocation of the enrollment or if payment will be
withheld.
(g) The notification shall:
(1) Inform the applicant of the denial of the application;
(2) Inform the provider that payments shall
be withheld or the revocation of enrollment shall be effective 10 business days
from the date of the receipt of the notification;
(3) Include the reason(s) for the denial,
revocation, or withheld payments; and
(4) Include the applicant’s or provider’s
right to appeal in accordance with He-C 6920.10.
(h) Any
parent,
caretaker relative, or legal guardian eligible under He-C 6910 who is utilizing
the child care services of a provider whose enrollment has been revoked or
denied due to the results of a background check or an investigation, shall be
notified via certified mail of the following:
(1) That the provider does not meet the
minimum requirements to operate as a license-exempt child care provider;
(2) That BCDHSC shall deny child care
reimbursement to the provider;
(3) That information obtained
by BCDHSC from or about the provider is confidential and cannot be made available for review;
(4) That the provider shall no
longer provide child care and that the parent, caretaker relative, or legal
guardian shall
need to seek other child care arrangements; and
(5)
Information regarding the New Hampshire Child Care Search portal, found
on New Hampshire Connections Information System to assist parents in finding a new child care
provider.
Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff
8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12 (from He-C 6920.11); ss by
#13401, eff 7-1-22
He-C
6920.09 Confidentiality of Records and Release of Information.
Information submitted by the provider, staff members, or household members during the
enrollment process, and all records regarding the facts that have been obtained
by BCDHSC during the investigation, shall be kept confidential, except by
court order to release the information or for the purpose of conducting an
adjudicative proceeding.
Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff
8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12 (from He-C 6920.12); ss by
#13401, eff 7-1-22
He-C
6920.10 Appeals.
(a) An
applicant or provider may appeal a decision made by BCDHSC within 10 business
days of the receipt of the notification when:
(1) The application for enrollment
has been denied;
(2) Payments have been withheld;
or
(3) Enrollment has been revoked
or not renewed.
(b) The
request for an
appeal shall be made in accordance with He-C 200.
Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff
8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12 (from He-C 6920.13); ss by
#13401, eff 7-1-22
APPENDIX
Rule |
Specific State or Federal Statutes or
Regulations the Rule Implements |
He-C 6910.01 |
RSA 161:2, XII; RSA 167:83, I(b); RSA 167:83, II(o) |
He-C 6910.02 |
RSA 167:77, V(e) |
He-C 6910.03 |
RSA 161:2, XII; RSA 167:58, IV; RSA 167:83, I(b);
RSA 167:83, II(o) |
He-C 6910.04 |
RSA 167:79, III(d)–(g); RSA 167:83, II(o) |
He-C 6910.05 |
RSA 161:2, XII; RSA 167:80, IV(b) and (i); RSA
167:82, VI; RSA 167:83, II(o) |
He-C 6910.06 |
RSA 167:83, II(c) and (o) |
He-C 6910.07 |
RSA 161:2, XII; RSA 167:80, IV(b) and (i); RSA
167:82, VI; RSA 167:83, II(o),(q) |
He-C 6910.08 |
RSA 167:85; RSA 167:88; RSA 167:90; RSA 167:91 |
He-C 6910.09 |
RSA 167:83, II(c) and (o) |
He-C 6910.10 |
RSA 167:79, V(b); RSA 167:82, VI; RSA 167:83, II, (c),(e),(m) |
He-C 6910.11 |
RSA 167:83, II(b); RSA 167:83, III(h) |
He-C 6910.12 |
RSA 161:2, XII; RSA 167:83, II |
He-C 6910.13 |
RSA 167:83, II(o) |
He-C 6910.14 |
RSA 167:83, II(c) and (o) |
He-C 6910.15 |
RSA 161:2, XII; RSA 167:83, II |
He-C 6910.16 |
RSA 161:2, XII; RSA 167:83, II |
He-C 6910.17 |
RSA 167:83, II(o) |
He-C 6910.18 |
RSA 161:2, XII; RSA 167:83, II(o); RSA 167:83,
III(g); RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA
170-E:12 |
He-C 6910.19 |
RSA 167:83, II(a); RSA 541-A:31, I and II |
He-C 6910.20 |
RSA 170 – E11, I (m) |
|
|
He-C 6912.01 |
RSA 161:2, RSA 167:83, I(b); and RSA 170-G:4, II,
III |
He-C 6912.02 |
RSA 161:2, RSA 167:83, I(b); and RSA 170-G:4, II,
III |
He-C 6912.03 |
RSA 161:2, RSA 167:83, I(b); and RSA 170-G:4, II,
III |
He-C 6912.04 |
RSA 161:2, RSA 167:83, I(b); and RSA 170-G:4, II,
III |
He-C 6912.05 |
RSA 161:2, RSA 167:83, I(c); and RSA 170-G:4, III,
VI |
He-C 6912.06 |
RSA
161:2, XII ; RSA 167:83, II(o); RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA 170-E:12;
RSA 170-G:4, XVIII; and RSA 170-G:5 |
He-C 6912.07 |
RSA
161:2, XII ; RSA 167:83, II(a), (o); RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA
170-E:12; RSA 170-G:4, VIII, XVIII; RSA 170-G:5; and RSA 541-A:31, I and II |
He-C 6912.08 |
RSA 170-E:11; RSA 170-G:4, XVIII; and RSA 170-G:5 |
He-C 6912.09 |
RSA 161:2, RSA 167:83, I(b); and RSA 170-G:4, II,
III |
He-C 6912.10 |
RSA 161:2, RSA 167:83, I(c); and RSA 170-G:4, III,
VI |
He-C 6912.11 |
RSA
161:2, XII ; RSA 167:83, II(o); RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA
170-E:12; RSA 170-G:4, XVIII; and RSA 170-G:5 |
He-C 6912.12 |
RSA
161:2, XII ; RSA 167:83, II(a), (o); RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA
170-E:12; RSA 170-G:4, VIII, XVIII; RSA 170-G:5; and RSA 541-A:31, I and II; |
He-C 6912.13 |
RSA 170-E:11; RSA 170-G:4, XVIII; and RSA 170-G:5 |
He-C 6912.14 |
RSA
161:2, XV; RSA 167:17-b, I(a); RSA 167:17-c; RSA
167:58, IV; RSA 167:61-a, I(a)-(c) and (e); RSA
167:83, II(k); RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, XVIII; and RSA 170-G:5 |
He-C 6912.15 |
RSA 161:2, XII; and RSA 170-G:4, II, III |
He-C 6912.16 |
RSA 161:2, XII; and RSA 170-G:4, XVII |
He-C 6912.17 |
RSA
167:83, II(a); RSA 170-E:11; RSA 170-G:4, VIII; RSA 170-G:4, XVIII; RSA 170-G:5; and RSA 541-A:31, I
and II |
He-C 6912.18 |
RSA 167:83, II(a) |
He-C 6912.19 |
RSA 170-E:11, II; RSA 170-G:8-a |
He-C 6912.20 |
RSA 170-E:11, I (m) |
|
|
He-C
6914.01 |
RSA
161:2, XII; RSA 170-E:11; RSA 170-G:4, XVIII; and RSA
170-G:5 |
He-C
6914.02 |
RSA
161:2, XII; RSA 167:83, II(o); RSA 170-E:11; RSA
170-G:4, XVIII; and RSA 170-G:5 |
He-C
6914.03 |
RSA
161:2, XII; RSA 167:58, IV; RSA 170-G:4, XVIII; and RSA
170-G:5 |
He-C
6914.04 |
RSA
161:2, XII; RSA 167:83, II(a)-(o); RSA 170-E:3-a; RSA
170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, VIII, and
XVIII; RSA 170-G:5; and RSA 541-A:31, I and II |
He-C 6914.05 |
RSA
161:2, XII; RSA 167:83, II(a), (o); RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA
170-E:12; RSA 170-G:4, VIII, and XVIII; RSA 170-G:5; and RSA 541-A:31, I and
II |
He-C
6914.06 |
RSA
170-E:11; RSA 170-G:4, XVIII; and RSA 170-G:5 |
He-C 6914.07 |
RSA
161:2, XV; RSA 167:17-b, I(a); RSA 167:17-c; RSA
167:58, IV; RSA 167:61-a, I(a)-(c) and (e); RSA
167:83, II(k); RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, XVIII; and RSA 170-G:5 |
He-C
6914.08 |
RSA
167:83, II(a); RSA 170-E:11; RSA 170-G:4, VIII; RSA
170-G:4, XVIII; RSA 170-G:5; and RSA 541-A:31, I and II |
He-C
6914.09 |
RSA
167:83, II(a) |
He-C
6914.10 |
RSA
170-E:11, II; RSA 170-G:8-a |
He-C 6914.11 |
RSA 170-E:11, I (m) |
He-C 6915 - Reserved |
|
He-C 6916 |
RSA 161:2, XII;
RSA 161:4-a, III; RSA 170-E:3, I(f) and (g); RSA 170-E:6-a; RSA
170-E:10-a; RSA 170-E:11; RSA 170-G:4, XVIII; RSA 170-G:5; 45 CFR 98.41; and
45 CFR 98.42 |
He-C 6917 |
RSA 161:2, XII; RSA 161:4-a, III; RSA 170-E:3, I(c)
& (h); RSA 170-E:6-a; RSA 170-E:10-a; RSA 170-E:11; RSA 170-G:4, XVIII;
RSA 170-G:5; 16 CFR 1219; 16 CFR 1220; 45 CFR 98.41; and 45 CFR 98.42 |
He-C 6918.01 |
RSA 167:77 |
He-C 6918.02 |
RSA 161:2, XII; and RSA 167:83, I(b) |
He-C 6918.03 |
RSA 167:83, I(b) |
He-C 6918.04 |
RSA 167:83, II(o); and 45 CFR 98 |
He-C 6918.05 |
RSA 161:2, XII; and RSA 167:83, II; and 45 CFR 98 |
He-C 6918.06 |
RSA 161:2, XV; RSA 167:17-b, I(a); RSA 167:17-c; |
He-C 6918.07 |
RSA 161:2, XII; RSA 167:83, II(a); and RSA
170-G:4,a. |
He-C 6918.08 |
RSA 167:83, II(i); RSA 167:17-b, I(a); RSA 167:17-c;
RSA 167:58, IV; RSA 167:61-a, I(a)-(c), and (e); RSA 167:83, II(k); RSA
170-E:7; and RSA 170-E:12, V |
He-C 6918.09 |
RSA 170-E:11, II; and RSA 170-G:8-a |
He-C 6918.10 |
RSA 170-E:11, I (m) |
|
|
He-C 6920.01 |
RSA 170-E:3-a; RSA 170-E:7 |
He-C 6920.02 |
RSA 170-E:3, I (a) – (h) |
He-C 6920.03-He-C 6920.10 |
RSA 170-E:3-a; RSA 170-E:7 |