CHAPTER He-C 6900  CHILD CARE PROGRAM

 

PARTS He-C 6901 through He-C 6909 - RESERVED

 

PART He-C 6910  EMPLOYMENT RELATED CHILD CARE SCHOLARSHIP 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 for children, youth, and families (DCYF) to:

 

(a)  Establish the eligibility criteria for 12-month employment related  child care scholarship 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

 

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 (FANF) 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

 

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 approved employment related activities that include employment, training, education, and job search plus commute time.

 

(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 and assist the child’s parent(s), in preparing for, securing, or maintaining, employment or employment related training or education, or for an approved activity that supports service or case plan goals.

 

(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  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.

 

(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 are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason, are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations, or are living in emergency or transitional shelters; 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)  “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.

 

(l)  “Department” (DHHS) means the department of health and human services for the State of New Hampshire.

 

(m)  “District office (DO)” means one of the New Hampshire regional offices where families may apply for child care scholarship provided by DHHS.

 

(n)  “Eligibility period” means the time for which a family is determined eligible to receive child care scholarship.

 

(o)  “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).

 

(p)  “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.

 

(q)  “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).

 

(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)  “Financial assistance to needy families (FANF)” 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.

 

(t)  “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.

 

(u)  “Foster Parent” means an individual who has a license or permit for foster family care, pursuant to He-C 6446.

 

(v)  “Fraud” means “fraud” as defined in RSA 167:58, IV.

 

(w)  “Full time” means greater than 30 hours of child care per week.

 

(x)  “Graduated phase out” means a new 12-month eligibility period for child care scholarship when a family’s income exceeds 220% and is less than or equal to 250% of the federal poverty guidelines (FPG) at redetermination.

 

(y)  “Half time” means greater than 15 and equal to or less than 30 hours of child care per week.

 

(z)  “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, during which a parent is given the opportunity to engage or reengage in employment or employment related training or education when a parent has had a non-temporary cessation of employment, or employment related training or education.

 

(aa)  “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).

 

(ab)  “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.

 

(ac)  “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.

 

(ad)  “McKinney-Vento Act (McKinney-Vento Act)” means the McKinney-Vento Homeless Assistance Act, 42 USC 11301 (1987).

 

(ae)  “Medical leave” means an illness, injury, or medical condition which temporarily prohibits the eligible parent from participating in employment, training, or an educational program for the length of time prescribed in a signed statement from an attending physician, physician assistant, advanced practice registered nurse, or licensed mental health professional.  This term includes caring for the other parent of the common child living in the household or another child living in the household.

 

(af)  “Monthly gross income” means total monthly monies received before taxes and other deductions are applied.

 

(ag)  “NHEP participant” means an individual who is enrolled in the NHEP work program and is receiving FANF financial assistance.

 

(ah)  “New Hampshire employment program (NHEP)” means the program administered by DHHS in accordance with RSA 167:78 through RSA 167:92.

 

(ai)  “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.

 

(aj)  “Parent” means an individual who has a birth, adoptive, or step-parent relationship to the child(ren), a foster parent as defined in (u) above, a legal guardian as defined in (aa) above, or a caretaker relative as defined in (e) above.

 

(ak)  “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 physical or mental impairment, disease, or a combination of these conditions.

 

(al)  “Part time” means 1 to 15 hours of child care per week.

 

(am)  “Provider” means an individual or a public or private organization supplying child care services to a family and requesting enrollment for financial reimbursement from the DHHS.

 

(an)  “Recipient” means a member of a family, who meets eligibility requirements for child care scholarship from DHHS pursuant to He-C 6910.

 

(ao)  “Redetermination” means a scheduled review of a parent’s eligibility for child care scholarship, and includes verification of all aspects of eligibility.

 

(ap)  “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.

 

(aq)  “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.

 

(ar)  “Standard rate” means a DHHS determined rate used to calculate child care scholarship and cost share amount.

 

(as)  “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.

 

(at)  “Tier 1” means the initial threshold for child care scholarship where the family gross income is less than or equal to 220% of FPG.

 

(au)  “Tier 2”” means the exit threshold for child care scholarship where the family 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.

 

(av)  “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

 

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 applicant shall indicate at the time of application any circumstances that he or she anticipates might occur during the next 12 months which could affect eligibility, such as changes in income, living arrangements, expenses, or child care provider(s).

 

(f)  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

 

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 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 employed, seeking employment, or in an employment related training or educational 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

 

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 FANF financial assistance from DHHS, whether participating in NHEP or exempt from participation in NHEP in accordance with He-W 637.04;

 

(2)  Be receiving FANF-related medical assistance as described in RSA 167:82, VI;

 

(3)  Have applied for FANF 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 Americorp 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 total family income of the next 12-month period;

 

b.  The family 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(f).

 

(i)  Income that is annualized at initial application shall determine the annual cost share 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)

 

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;

 

(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 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 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(i)(3).

 

(e)  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); or

 

(5)  Participating in one or more approved NHEP activities indicated on an employability plan as described in He-W 637.

 

(f)  The job search in (e)(2) above, shall be authorized for up to 92 calendar days.  If job search is the only activity listed in (e) the parent engages in prior to the end of the 92 calendar days, child care will close.

 

(g)  Child care scholarship shall be available to parents when employed, in training or education, or seeking employment and 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).

 

(h)  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 (e) above; or

 

(2)  One parent shall comply with (e) above and the other shall qualify as a parent with a disability in accordance with He-C 6910.09(j).

 

(i)  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.

 

(j)  For individuals providing care as a license-exempt child care provider in the child’s home, if the individual’s employer, who is not a license-exempt child care provider, does not permit the individual to care for the individual’s own children simultaneously with the employer’s children, the individual may 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(t).

 

(k)  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 one hour each day multiplied by the number of days in a week that the parent(s) is engaged in an employment related activity.

 

(l)  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.

 

(m)  Authorization for the authorized service level shall be based on the calculation in (k) and (l) 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.

 

(n)  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.

 

(o)  Child care scholarships shall not be paid for a child under the age of 72 months, i.e. 6 years, when cared for in a license-exempt child care center program pursuant to RSA 170-E:2, XI-a.

 

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)

 

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 child care eligibility for up to 92 calendar days to engage in a job search.

 

(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)

 

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)  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 family 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;

 

(4)  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

 

(5)  For income that cannot be verified according to (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.

 

(g)  The applicant shall attest that the family 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.

 

(h)  A Form 1863 “Child Care Provider Verification,” (October 2016) shall be completed, signed, and submitted by the parent and the child care provider which establishes a link between the child and the child care provider.

 

(i)  The following verification requirements shall apply for a child experiencing significant special needs:

 

(1)  The parent shall authorize the release of information to DHHS by completing section III of Form 2690 “Verification for a Child Experiencing 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”; and

 

(2)  The child care provider shall complete section I of Form 2690, “Verification for a Child Experiencing Significant Special Needs” (July 2015), including signing and dating the form, certifying the following:

 

“I certify that the child’s special need(s) is significant enough that the child requires additional funds for accommodation or classroom adaptation in the child care setting.” and

 

(3)  A licensed professional shall complete section II of Form 2690, “Verification for a Child Experiencing Significant Special Needs,” (July 2015), 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 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 special need(s) is significant enough that the child requires additional support in a child care setting.”

 

(j)  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;

 

(k)  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)  That the parent is enrolled in the program;

 

(2)  The duration of the program; and

 

(3)  The class schedule, including hours of class attendance;

 

(l)  For those parents who are not receiving FANF 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)  That the parent is enrolled in the program;

 

(2)  That the program shall lead to a degree 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;

 

(m)  For the parents receiving FANF 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 (l)(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;

 

(n)  When a parent works at least 4 hours on a night shift between 10:00 pm and 6:00 am, 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;

 

(o)  If at redetermination a parent is experiencing one of the circumstances in He-C 6910.10(n), 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;

 

(p)  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);

 

(q)  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;

 

(r)  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;

 

(s)  When a parent is homeless and either employed, seeking employment, or in an employment related training or educational 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 employed, seeking employment, or in an employment related training or educational activity; 

 

(t)  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(j), 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;

 

(u)  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(q), acceptable verification shall be a letter from the child care resource and referral agency stating that the parent has been working with them and child care has not been identified for a specific child;

 

(v)  When a child or parent has had an in-patient hospital stay within the past 30 days as described in He-C 6910.10(r)(2), acceptable verification shall be the discharge statement, hospital record, or a statement from the attending physician; and

 

(w)  When a parent is engaged in an employment related training or educational activity, as described in He-C 6910.13(e), 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(aq).

 

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)

 

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)  Non-financial eligibility for child care scholarship shall be determined as follows:

 

(1)  Determining 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)  Determining if the applicant is either:

 

a.  Engaged in one of the activities listed in He-C 6910. 07(e); or

 

b.  Meets the criteria for a parent with a disability as described in He-C 6910.09 (j);

 

(3)  Requiring that when 2 parents live together in the same assistance group, both shall be engaged in at least one of the activities described in He-C 6910.07(e), (f) or (g); and

 

(4)  Requiring that when an applicant is a NHEP participant, he or she shall be eligible under He-C 6910.08

 

(g)  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.

 

(h)  If the assistance group meets the non-financial and financial requirements described in (f) and (g) 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.

 

(i)  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.

 

(j)  The eligibility period for child care scholarship shall begin on the day the application 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;

 

(k)  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.

 

(l)  The eligibility period for child care scholarship shall not exceed 12-months.

 

(m)  When a parent reports a permanent job loss or cessation of training, or educational activity, the parent shall receive a 92 calendar day job search.  If the parent does not engage in one of the activities in He-C 6910.07(e)(1), (3), (4) or (5) prior to the end of the 92 calendar days, child care will close.

 

(n)  Eligibility shall continue during the 12-months as long as the parent(s) is considered employed or in a training or educational program even while the parent is:

 

(1)  On a medical leave due to his or her own health or caring for another family member 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; and

 

(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.

 

(o)  The eligibility period for expedited child care shall not exceed 30 calendar days after the date of the application.

 

(p)  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)  The child experiencing a significant special need criteria of He-C 6910.07(d); or

 

(4)  No payment was made on the child’s behalf for child care services rendered in the previous 90 days;

 

(q)  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,” (October 2016) pursuant to He-C 6914.

 

(r)  If the family fails to comply with (p) 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(n) within 30 days, but the provider enrollment determination has not been made according to He-C 6914.04(o).

 

(s)  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.

 

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)

 

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 FANF benefits or children whose parent applies for employment related child care scholarship within 92 calendars days of the parent’s FANF 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 who has a child(ren) on the wait list shall be subject to redetermination of child care  scholarship every 12-months.

 

(f)  A family shall report the start or permanent loss of a job, the start or cessation of employment related training or educational activity, or if the family’s gross income exceeds 220% of federal poverty guidelines while on the wait list.

 

(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(f).

 

(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(h) 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; or

 

(3)  The information or data contained in Form 1863 “Child Care Provider Verification” (October 2016) 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(n) within 30 days, but the provider enrollment determination has not been made according to He-C 6914.04(o).

 

(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)

 

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;

 

b.  At 72 days from the start of the job search, information relative to the end of the job search;

 

c.  At 45 days of no billing from the provider, information relative to theend of the child care link due to 90 days of no billing from the provider;;

 

d.  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;

 

e.  Initiation of a graduated phase out; and

 

f.  At the 10th month, information relative to the end of GPO;

 

(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 family 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)  When a termination is the result of the family’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

 

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 has not secured employment or entered an approved training or employment related educational program;

 

(3)  A parent shall engage in employment, an employment related training or educational program, NHEP, or basic education 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 secured an employment, employment related training or educational activity 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 FANF 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 shall leads to a degree or certificate at the associate’s level or lower;

 

          (d)  For the parent receiving FANF 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)  May 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(aq) 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 FANF 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 family’s monthly gross earned income in the determination of assistance in accordance with He-C 6910.09(f);

 

(g)  Child care scholarship shall not be paid by DHHS 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 90 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 90 days, the parent shall submit the new provider verification Form 1863 “Child Care Provider Verification” (October 2016) identified in He-C 6910.09(h) within 10 days of the date of the notification in (h) 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)

 

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 changes in any of the circumstances below to the district office staff within 10 calendar days of the date when the change occurs:

 

(1)  The household income increases to an amount exceeding 85% of SMI;

 

(2)  There is a change in the child care provider 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; or

 

(5)  There is a change in household assets such that their cumulative value is in excess of one million dollars.

 

(b)  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(s) 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.

 

(c)  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(s) requests a continuance of child care scholarship pending the outcome of an appeal in accordance with He-C 6910.19.

 

(d)  Termination of child care scholarship eligibility that results from a change in family income exceeding 85% of SMI shall be effective on the date of the notification from DHHS.

 

(e)  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)

 

          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” (October 2016) shall not be required if no information on the previously submitted form has changed; or

 

(3)  For a child experiencing  significant special needs, verification  on Form 2690 “Verification for a Child Experiencing Significant Special Needs” (July 2015) 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 significant special need(s) was previously submitted on Form 2690 “Verification for a Child Experiencing Significant Special Needs”  (July 2015).

 

(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)  Continued child care eligibility shall be determined in accordance with He-C 6910.10 and the eligibility period shall continue for another 12-months.

 

(f) The redetermination shall be completed even when a parent is experiencing one of the circumstances in He-C 6910.10(n).

 

(g)  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.

 

(h)  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 a 12-month graduated phase out eligibility period, Tier 2.

 

(i)  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 returns to Tier 1.

 

(j)  If at any time during graduated phase out, Tier 2, the family income exceeds 85% of state median income (SMI), child care scholarship eligibility shall terminate.

 

(k)  If at redetermination the family’s income exceeds 250% FPG, child care scholarship eligibility shall end.

 

(l)  If at redetermination it is determined that the family income has decreased, the cost share shall be recalculated.

 

(m)  The family shall receive notification regarding the redetermination of eligibility decision in accordance with He-C 6910.12.

 

(n)  If the family is determined to be no longer eligible, child care scholarship shall end 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.

 

(o)  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.

 

(p)  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.

 

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)

 

          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(g);

 

(4)  In training or attending class, including internet training;

 

(5)  In a work study, subject to the limitation in He-C 6910.13(f) for non-FANF recipients;

 

(6)  Required to participate in a NHEP activity as described in He-W 637;

 

(7)  Performing duties for VISTA;

 

(8)  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 (7) above;

 

(9)  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

 

(10)  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(n) unless the parent requests otherwise;

 

          (d)  In a job search period following the permanent loss of a job or end of a training or educational activity, 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)

 

          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 for licensed child care centers and licensed family child care homes at the 50th percentile of the most recent MRS for each age category as established by DHHS.

 

          (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 $50.00 full time, $30.00 half time, and $15.00 part time per week shall be paid for a child experiencing significant special needs subject to the verification described in He-C 6910.09(i).

 

          (h)  The supplemental payment in (g) above shall be effective the Monday following the approval date on Form 2690 “Verification for a Child Experiencing Significant Special Needs” (July 2015).

 

          (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

 

          He-C 6910.18  Cost Share Determination.

 

          (a)  A family’s child care scholarship cost share shall be determined as a percent of the family’s monthly gross income adjusted for family size 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, a family’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 family 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 one 12-month graduated phase out period, Tier 2, at step 7.

 

(d)  Cost share shall not increase during any 12-month eligibility period whether Tier 1 or Tier 2.

 

(e)  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.

 

          (f)  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.

 

          (g)  Family cost share shall be calculated by taking the family’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.

 

(h)  Family cost share shall be recalculated to a rate no higher than the original cost share determined at the beginning of the current eligibility period.

 

(i)  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 Cost Share 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%

 

(j)  Families authorized for graduated phase out shall be assigned step 7 for the 12- month graduated phase out period.      

 

(k)  The family cost share assigned to the family shall be divided equally among all eligible children enrolled with DHHS enrolled child care providers.

 

          (l)  The cost share per child shall be applicable to only one DHHS enrolled child care provider.

 

          (m)  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).

 

          (n)  If the family utilizes more than one child care provider per child:

 

(1)  DHHS shall only pay for the 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

 

          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 6910.20.

 

          (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)

 

          He-C 6910.20  Recoupment of Overpayments.

 

          (a)  An overpayment shall have occurred under one of the following conditions:

 

(1)  When a family requests continuation of child care scholarship 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 (j) 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 the provider has been paid for services:

 

(1)  Not rendered; or

 

(2)  That were not in compliance with He-C 6914 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 (k) below.

 

          (e)  The overpayment shall be solely the fault of the parent if:

 

(1)  The provider is in compliance with He-C 6914 and the provider agreement;

 

(2)  The parent has not complied with the provisions of He-C 6910; and

 

(3)  The provider has no knowledge that the parent was out of compliance with the provisions of He-C 6910.

 

          (f)  If an overpayment has been determined to be solely the fault of the parent, 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 the provider when:

 

(1)  Both parties are out of compliance with He-C 6910; 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.

 

          (h)  If the overpayment is determined to be the fault of both the parent and the provider, notification shall be sent to both parties.

 

          (i)  If the overpayment is determined to be the fault of the parent in accordance with (e) above, or the fault of both the provider and the parent in accordance with (g) above, DHHS shall initiate further action such as recoupment of payment from the parent.

 

          (j)  If the parent has opted to continue to receive child care scholarship pending the outcome of the appeal and the appeal decision upholds the DHHS proposed action as in (a)(1) above, the parent shall be the cause of the overpayment and shall be responsible for the repayment.

 

          (k)  Within 30 calendar days of notification in accordance with (d) above, the provider shall agree to do one of the following:

 

(1)  Repay the overpayment in full;

 

(2)  Choose to repay at a rate no lower than 10 percent of the full amount owed per month until the overpayment is repaid in full whether the provider is currently enrolled or no longer enrolled; or

 

(3)  For a currently enrolled provider, choose to have the total amount withheld from future child care scholarship payments to the provider, beginning with the next scheduled payment after agreement has been reached or after the 30 days has elapsed, whichever occurs first, until the overpayment is repaid in full.

 

          (l)  If the provider fails to comply with (k) above, then the overpayment shall be recouped in full beginning with the next scheduled child care scholarship payment to the provider after the 30 calendar days has elapsed, or for as long as is necessary to recoup the overpayment in full.

 

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)

 

PART He-C 6911 - RESERVED

 

PART He-C 6912  PREVENTATIVE AND PROTECTIVE CHILD CARE ELIGIBILITY

 

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) 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 an out of the home placement; and

 

(b)  Establish the payment amounts for preventive and protective child care scholarship.

 

Source.  #12222, eff 7-10-17

 

He-C 6912.02  Scope.

 

(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 6912.07(a) and (b) 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

 

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 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 per week that child care is approved 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) in the assistance group.

 

(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 supervision, food, activity, and rest for a child for any portion of a 24 hour day in order to promote healthy child development and assist a child’s parent(s) in preparing for, securing, or maintaining employment or employment-related training or education, or for an approved activity that supports service or case plan goals.

 

(h)  “Child care scholarship” means payment to a child care provider for child care services on behalf of a family who meets the eligibility criteria of He-C 6912.

 

(i)  “Child experiencing 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.

 

(j)  ”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.

 

(k)  "Comprehensive family support agency" means one of the DCYF 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.

 

(l)  "Department (DHHS)" means the department of health and human services of the state of New Hampshire.

 

(m)  "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.

 

(n)  “Enrolled child care provider” means that a child care provider has met the requirements found in He-C 6914 and is authorized to receive payment for services from DHHS.

 

(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)  “Founded” means a report of abuse or neglect where the department has determined that there is a preponderance of the evidence to believe that a child has been abused or neglected.

 

(r)  “Full-time” means greater than 30 hours of child care per week.

 

(s)  “Half-time” means greater than 15 and equal to or less than 30 hours of child care per week.

 

(t)  “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).

 

(u)  “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.

 

(v)  “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.

 

(w)  “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 (t) above, or a caretaker relative as referenced in (e) above.

 

(x)  “Part time” means one to 15 hours of child care per week.

 

(y)  "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.

 

(z)  "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 (w) 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.

 

(aa)  “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.

 

(ab)  “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 a child care scholarship from DHHS.  The term includes the term “parent” pursuant to (w) above.

 

(ac)  “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.

 

(ad)  “Specific crisis or episode of need” means a time-limited event that creates a need for child care while a family participates in the goals and objectives of a service plan created with a comprehensive family support agency.

 

(ae)  “Standard rate” means a DHHS determined rate used to calculate a child care scholarship.

 

Source.  #12222, eff 7-10-17

 

He-C 6912.04  Eligibility for Preventive and Protective 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 the goals and objectives required by the service plan created with the comprehensive family support agency; and

 

(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).

 

(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 contact provider relations to request that the authorization for child care be terminated.

 

(d)  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-homecare, 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.

 

(e)  Protective child care scholarship payments shall be made through an adoption assistance agreement in effect at the time these rules are adopted.

 

(f)  Child(ren) eligible to receive preventive or 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 comprehensive family support agency or DCYF field administrator; or

 

(2)  The child is experiencing 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  Significant Special Needs.” (July 2015).

 

(g)  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.

 

(h)  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;

 

(i)  The authorized service level shall be based (a)(2) and (d) above and applied 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

 

He-C 6912.05  Verification Requirements.

 

(a)  Comprehensive family support agencies shall verify the specific crisis or episode of need for which preventive child care is authorized for  each period of up to 4 months and by documenting such in the service plan.

 

(b)  Comprehensive 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.

 

(c)  When authorizing protective child care, DCYF shall verify the child’s income and one of the following:

 

(1)  The parent is working; or

 

(2)  Child care is needed in the best interest of the child.

 

(d)  The following verification requirements shall apply for a child experiencing 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 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 Significant Special Needs,” (July 2015); and, sign and date the form, certifying the following:

 

“I certify that the child’s special need(s) is significant enough that the child requires additional funds for accommodation or classroom adaptation in the child care setting.” and

 

(3)  A licensed professional shall complete section II of Form 2690, “Verification for a Child Experiencing Significant Special Needs,” (July 2015), 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 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 special need(s) is significant enough that the child requires additional support in a child care setting.”

 

Source.  #12222, eff 7-10-17

 

          He-C 6912. 06  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  Form 1902 “Referral for Preventive Child Care Services,” ( June 2017).

 

(b)  For protective child care scholarship:

 

(1)  The CPSW shall authorize 6 months of child care services at a time; and

 

(2)  If the protective child care 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.  #12222, eff 7-10-17

 

He-C 6912.07  Child Care Scholarship Payment for Preventive and Protective Care.

 

(a)  Preventive child care scholarship payments shall be based on the child care scholarship standard rate methodology pursuant to He-C 6910.17(a)-(f), except that DHHS shall not subtract the family’s cost share for the DHHS weekly standard rate.  The comprehensive family support agency shall not authorize payment of any additional child care fees or co-payments in addition to or that exceed the DHHS child care scholarship weekly standard rate.

 

(b)  Protective child care scholarship payments shall be based on the DHHS weekly standard rate pursuant to He-C 6910.17(a) – (f) and the difference between the weekly standard rate and the child care provider’s actual charge, if requested.

 

(c)  In addition to the standard rates, a supplemental payment of $50.00 full time, $30.00 half time, and $15.00 part time per week shall be paid for a child experiencing significant special need(s) subject to the verification described in He-C 6912.05.

 

(d)  The supplemental payment in (c) above shall be effective the Monday following the approval date on the Form 2690, “Verification for a Child Experiencing Significant Special Need(s)” (July 2015).

 

(e)  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.

 

(f)  The child care scholarship payments established pursuant to He-C 6912.07(a) and (b) above 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

 

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

 

He-C 6914.02  Scope.  This part shall apply to licensed and license-exempt child care providers who receive financial reimbursement from the department of health and human services (DHHS) for those families utilizing employment related, preventive or protective child care services.

 

Source.  #12223, eff 7-10-17

 

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 relative who is not the biological parent of the child(ren), but is providing care and supervision of the child(ren) in the assistance group.

 

(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 supervision, food, activity, and rest for a child for any portion of a 24-hour day, in order to promote healthy child development and assist the child’s parent(s), in preparing for, securing, or maintaining employment or employment related education or training, for an approved activity that supports service or case plan goals.

 

(e)  “Child care scholarship” means payment to a child care provider on behalf of a family who meets the eligibility criteria of He-C 6910 or He-C 6912.

 

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

 

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

 

(h)  “Division for children, youth and families (DCYF)” means the organizational unit of the department of health and human services that provides services to children and youth 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.

 

(i)  “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).

 

(j)  “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.

 

(k)  “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.

 

(l)  “Foster parent” means an individual who has a license or permit for foster family care pursuant to He-C 6446.

 

(m)  “Founded” means a report of abuse or neglect where the department has determined that there is a preponderance of the evidence to believe that a child has been abused or neglected.

 

(n)  “Fraud” means “fraud” as defined in RSA 167:58, IV.

 

(o)  “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).

 

(p)  “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.

 

(q)  “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.

 

(r)  “N-form” means the electronic web-based platform utilized by the State of New Hampshire for business owners to complete and submit applications for provider enrollment and certification.

 

(s)  “NH Bridges” means the automated case management, information, tracking, and reimbursement system used by the division for children, youth and families.

 

(t)  “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.

 

(u)  “Parent” means an individual who has a birth, adoptive, or step-parent relationship to the child(ren), a foster parent as defined in (l) above, a legal guardian as defined in (o) above, or a caretaker relative as defined in (b) above.

 

(v)  "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.

 

(w)  “Protective child care” means child care authorized by DCYF while there is an open assessment ora founded case of child abuse or neglect in order to assist the parent, according to (u) 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.

 

(x)  “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.

 

(y)  “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

 

He-C 6914.04  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(p) or the definition of license-exempt pursuant to He-C 6914.03(q);

 

(3)  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;

 

(4)  The child care provider and his or her employees shall not have a conflict of interest. For the purposes of this rule, conflict of interest means any circumstance, situation, or financial interest which has the potential to cause a private interest to directly or indirectly affect, influence, or interfere with the performance of the provider or the employee’s duties as a child care provider for DCYF;

 

(5)  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 a DCYF supervisor and in compliance with He-C 6918.04(i);

 

(6)  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; 

 

b.  The provider meets the requirements of He-C 6918.04(i) as approved by a DCYF supervisor; and

 

c.  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;

 

(7)  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.

 

(8)  Not have had any permit or license issued through DHHS’s child care licensing unit revoked; and

 

(9)  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 copy of the provider’s current child care license issued by DHHS’s child care licensing unit, “State of NH Alternate W-9 Form,” (October 2016), Form 1862 “Child Care Provider Enrollment,” (October 2016), and Form 1860 “Child Care Provider Agreement,” (October 2016);

 

(2)  If a license-exempt family child care provider, a completed, signed, and notarized Form 2503 “DCYF Central Registry Name Search Authorization,” (October 2016), Form 2505 “A Background Check Information and Authorization,” (February 2017), “State of NH Alternate W-9 Form,”(October 2016), Form 1862 “Child Care Provider Enrollment,” (October 2016), and Form 1860 “Child Care Provider Agreement,” (October 2016) once every 3 years; or 

 

(3)  If a license-exempt center child care provider as defined in RSA 170-E:3, I(a), (b), (f), and (g) a completed, signed and notarized Form 2503 “DCYF Central Registry Name Search Authorization,” (October 2016), Form 2505 “A Background Check Information and Authorization,” (February 2017), “Alternate W-9 Form,”(October 2016), Form 1862 “Child Care Provider Enrollment,” (October 2016), and Form 1860 “Child Care Provider Agreement,” (October 2016) once every 3 years.

 

(c)  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 DCYF to receive fingerprint and criminal background checks for the provider and all household members or employees 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.

 

(d)  Each license-exempt child care provider and each employee, shall submit proof according to (h) below that the provider and employee has completed a minimum of 6 hours of training in all required health and safety topics listed in (d) (1)-(11) 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 for emergencies resulting from a natural disaster, or a man-caused event such as violence at a child care facility within the meaning of those terms set forth in section 602(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 USC 5195a(a)(1));

 

(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.

 

(e)  Each license-exempt child care provider and employee shall submit proof according to (h) 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.

 

(f)  Each license-exempt provider and employee shall obtain documentation of successful completion of the training in (d) 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.

 

(g)  Each license-exempt child care provider and employee shall create an account in the “NH Professional Registry” at: https://nhportal.naccrraware.net/nh/;

 

(h)  Each license-exempt child care provider and employee shall upload documentation in (f) above to the “NH Professional Registry” located at: https://nhportal.naccrraware.net/nh/;

 

(i)  Each currently enrolled license-exempt child care provider and employee shall complete the required health and safety training and certification in (d) and (e) above by September 30, 2017;

 

(j)  After September 30, 2017, each license-exempt child care provider and employee, shall complete the required health and safety training and certification in (d) and (e) 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.

 

(k)  License-exempt child care providers and employees, as of September 30, 2017, in addition to completing the training listed in (d) above, shall complete 4 hours annually of on-going professional development training, of which 2 hours shall be in the topics as listed in He-C 6914.04(d) and 2 hours of which shall be in the topics listed in He-C 6910.05(a)(1). 

 

(l)  The child care provider’s enrollment process shall begin on the date DCYF receives the first of the forms listed in (b) above.

 

(m)  A new enrollment process shall be initiated by the child care provider:

 

(1)  If all forms and required documentation in (a)-(h) above are not submitted within 90 days of receipt of the first form; or

 

(2)  Following a denial of enrollment.

 

(n)  The child care provider shall submit the applicable forms listed in (b) above either: 

 

(1)  Electronically through N-form, if available at https://business.nh.gov/bos/default.aspx; or

 

(2)  By mail to:

 

Department of Health and Human Services

Child Development Bureau

129 Pleasant Street

Concord, NH 03301

 

(o)  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 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.

 

(p)  The forms and documents in (n) above and the results of the background determination in (o) above shall be reviewed by DHHS to determine whether the provider meets all of the qualifications and requirements for enrollment under He-C 6914.

 

(q)  The enrollment process shall be complete as of the date DHHS makes the determination in (p) 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.

 

(r)  If approved, enrollment shall continue for a period of 3 years from the date on the written verification.

 

(s)  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

Preventive and Protective

Child Care

Form or Document

Licensed

License-Exempt

Licensed

License-Exempt

Copy of current N.H. child care license

X

 

X

 

Form 1860 “Child Care Provider Agreement”

(October 2016 )

X

X

X

X

Form 1862  “Child Care Provider Enrollment Form” (October 2016)

X

X

X

X

“State of NH Alternate W-9 Form” (October 2016)

X

X

X

X

“Form 2503 DCYF Central Registry Name Search Authorization”

(October 2016) 

*

X

*

X

Form 2505 “Background Check Information and Authorization”

(February 2017)

*

X

*

X

DSS P372 “NH Health and Human Services Criminal History Record Information Authorization” (10/1/16)

*

X

*

X

Health and Safety Training Documentation

*

X

*

X

First Aid Certification

for Pediatric

*

X

*

X

Pediatric CPR Certification

*

X

*

X

 

(t)  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.

 

(u)  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.

 

(v)  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.

 

(w)  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 (ab) below.

 

(x)  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 (w) above; and submit a copy of the Form 1862, “Child Care Provider Enrollment Form” (October 2016) and “Alt W-9 Form, ”(October 2016);

 

(y)  After DHHS receives the information and forms documenting a change as required in (w) and (x) above, DHHS shall assign the provider a new resource identification number.

 

(z)  If a child care provider has had his or her child care license under He-C 4002 denied, or suspended, then DHHS shall review the documentation from the DHHS child care licensing unit of the license denial or suspension, 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.

 

(aa)  An enrolled child care provider shall be a vendor of child care services and shall not be considered an employee of DHHS.

 

(ab)  All enrolled child care providers of child care scholarship shall notify DHHS within 2 calendar days if the location of child care services changes.

 

(ac)  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

 

He-C 6914.05  Maintaining Enrollment.

 

(a)  In order to maintain enrollment license-exempt child care providers shall:

 

(1)  Be qualified as stated in He-C 6914.04(a); 

 

(2)  Comply with all the requirements of enrollment in He-C 6914;

 

(3)  Complete a minimum of 2 hours of annual professional development in at least one of the training topics listed below:

 

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; and

 

l.  Child abuse and neglect;

 

(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(d)(1)-(11);

 

(5)  Complete and maintain current pediatric first aid and CPR certifications as required by He-C 6914.04(e);

 

(6)  Review and comply with the child abuse and neglect reporting requirements of RSA 169-C:29-31;

 

(7)  Review the definition of serious injury He-C 6914:03(y) 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:

 

(i)  Notify the parents immediately;

 

(ii)  Notify the department within 48 hours; and

 

(iii)  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:

 

(i)  Notify emergency personnel and the child’s parent(s) immediately;

 

(ii)  Notify the department of the death within 24 hours; and

 

(iii)  Provide the department with a written report detailing the circumstances which lead up to the death within 72 hours; and

 

(8)  In addition to the reporting requirements in (7)a. and b. above, the license-exempt child care provider shall upon request provide the department with any other available information regarding the serious injury or death.

 

(9)  Comply with the requirement of an annual announced monitoring visit by DHHS pursuant to He-C 6916 and He-C 6917;

 

(10)  Schedule an annual announced monitoring visit not later than 2 weeks after receiving contact from DHHS to determine compliance with He-C 6916 and He-C 6917;

 

(11)  Comply with (a)(3) and (4) above by March 30, 2019 if the child care provider was enrolled with DHHS prior to October 1, 2017.  Thereafter, the annual professional development shall be completed annually by March 30th.

 

(12)  Complete the professional development specified in (a)(3) and (4) above during each 12 month period from the date of the provider’s DHHS enrollment, if enrolled after October 1, 2017; and

 

(13)  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.

 

Source.  #12223, eff 7-10-17; ss by #12536, eff 5-24-18

 

He-C 6914.06  Renewal of Enrollment.

 

(a)  Enrolled child care providers shall renew their enrollment every 3 years by completing, dating, signing and submitting to DHHS the forms and documents listed below:

 

(1)  For licensed providers:

 

a.  A copy of any new or renewed child care license issued within 10 days of issuance or receipt; and

 

b.  Form 1860 “Child Care Provider Agreement,” (October 2016) as listed in Table 6914.1; and

 

(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); and

 

c.  A Form 1860 “Child Care Provider Agreement,” (October 2016).

 

(b)  Renewal of enrollment shall remain open until 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.

 

(c)  Renewal of enrollment shall close if all required forms are not received by DHHS 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.  #12223, eff 7-10-17

 

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 and 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 and safety in the child care setting.

 

Source.  #12223, eff 7-10-17

 

He-C 6914.08  Denial, Disqualification and Termination of Providers.

 

(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 6914.06 and He-C 6920;

 

(2)  A licensed child care provider fails to meet all of the applicable requirements of He-C 6914.04 and He-C 6914.06; or

 

(3)  A child care provider fails to comply with He-C 6914.04(i) and He-C 6914.06(d)-(f).

 

(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 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 children, 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 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, He-C 4002.09(j)(2)-(4); 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; or He-C 4002.09 and 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,” (October 2016) as required by He-C 6914.04.

 

(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(n) 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, 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 that:

 

(1)  The child care provider fails to meet the minimum requirements to be enrolled as a child care provider;

 

(2)  Payment to the child care provider shall be denied;

 

(3)  The information obtained by DHHS from or about the child care provider is confidential and shall not be made available for a parent’s review; and

 

(4)  Other child care arrangements may be made by contacting a child care resource and referral agency.

 

Source.  #12223, eff 7-10-17; amd by #12536, eff 5-24-18

 

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

 

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

 

          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 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

 

          He-C 6916.02  Scope.  This part shall apply to any license-exempt child care facility based 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

 

          He-C 6916.03  Definitions.

 

         (a)  “Child” means “child” as defined in RSA 170-E:2, II, namely “any person under 18 years of age.”

 

          (b)  “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 and assist the child’s parent(s), in preparing for, securing, or maintaining employment or employment related education or training, for an approved activity that supports service or case plan goals.

 

          (c)  “Commissioner” means “the commissioner of the department of health and human services,” as defined in RSA 170-E2, V.

 

         (d)  “Corporal punishment” means the use of physical force, physical restraint, or physical actions against a child as a means of discipline.

 

          (e)  “Department” means “the department of health and human services” as defined in RSA 170-E:2, VII.

 

          (f) “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.

 

          (g)  “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. The term includes “registered provider” as defined in RSA 170-E:6-a.

 

          (h)  “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.

 

          (i)  “Foster parent” means an individual who has a license or permit for foster family care, pursuant to He-C 6446.

 

          (j)  “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 or children.

 

          (k)  “Monitoring statement” means a written report issued by the department detailing the findings of a monitoring visit conducted by the department.

 

          (l)  “Monitoring visit” means a visit made to the facility based program by the department for the purpose of assessing compliance with He-C 6914, He-C 6917, and 45 CFR Part 98.41 and 98.42.

 

          (m)  “NH professional registry” means New Hampshire’s password protected electronic database designed to support and track professional development for the early childhood and afterschool workforce pursuant to He-C 6914.04 (g) and (h).

 

          (n)  “Parent” means an individual who has a birth, adoptive, or step-parent relationship to the child or children, a foster parent as defined in (l) above or a legal guardian as defined in (m) above.

 

          (o)  “Program” means a license-exempt child care provider pursuant to RSA 170-E: 3, I, (f) and (g).  The term includes facility based programs.

 

          (p)  “Program improvement plan” means a written plan developed by a program, approved by the department in response to a monitoring statement assessment, and stating how the program will come into compliance with the rules.

 

          (q)  “Staff” means the staff of a facility based program who provide supervision of children or who are required to meet staff to child ratios.

 

          (r)  “Supervision” means being present with children in child care, knowing their number, identities, and whereabouts, observing their activities , and being in close enough proximity to have all children within sight or hearing, and allowing intervention, if needed, to safeguard each child from accident or injury.

 

Source.  #12536, eff 5-24-18

 

          He-C 6916.04  Professional Development.

 

          (a)  Every 12- month period, beginning on the date of enrollment, staff shall:

 

(1)  Complete 2 hours of annual professional development in any of the health and safety topics pursuant to in He-C 6914.04(d)(1)-(11), (e) (1)-(2);

 

(2)  Complete 2 hours of annual professional development in any of the topic areas listed in accordance with  He-C 6914.05 (a),(3)(a)-(l); and

 

(3)  Upload documentation of completion of professional development in (a)(1) and (2) above to the NH Professional Registry.

 

          (b)  Staff hired after the DHHS enrollment date shall:

 

(1)  Complete the professional development specified in (a)(1) and (2) each 12-month period, from the date of hire; and

 

(2)  Upload documentation of completion of professional development in (b) (1) above to the NH Professional Registry.

 

          (c)  CPR and first aid training shall not be included in the annual required professional development hours specified in (a) (1) and (2) above.

 

          (d)  Staff hired for 4 months or less, such as for a summer or recreational program, shall  complete and upload to the NH Professional Registry documentation of the required health and safety topics pursuant to He-C 6914.04 (d)(1)-(11),and (e) (1)-(2) within 2 weeks of the start of employment.

 

          (e)  Programs enrolled with the department prior to October 1, 2017, who have maintained enrollment, shall comply with the requirements in (a)(1) and (2) above by March 30, 2019. Thereafter, annual professional development shall be completed by March 30th.

 

Source.  #12536, eff 5-24-18

 

          He-C 6916.05  Building and Physical Premises Safety.

 

          (a)  Premises shall be maintained in a neat, clean and safe condition, free and clear of excess clutter and items such as boxes and bins used for storage which restrict children’s free movement.

 

          (b)  Programs shall maintain the child care environment free of hazards to children including, but not limited to, the following:

 

(1)  Fire hazards;

 

(2)  Electrical hazards;

 

(3)  Guns, weapons, or live or spent ammunition which are not in locked storage;

 

(4)  Heavy furnishings or other heavy items that could easily fall on children and would be likely to cause injury;

 

(5)  Loose and flaking paint which is accessible to children;

 

(6) Unclean conditions or disrepair which demonstrates a lack of regular cleaning or maintenance;

 

(7)  Damp conditions which result in visible mold or mildew or a musty odor; and

 

(8) The use of trampolines during child care hours, with the exception of small indoor trampolines intended for individual use with direct adult supervision only.

 

          (c)  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.

 

          (d)  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.

 

          (e)  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.

 

          (f)  Outside areas which are accessible to children shall be free of hazards including, but not limited to, the following:

 

(1)  Unprotected pools, wells, or other bodies of water;

 

(2)  Lawn and farm machinery;

 

(3)  Trash, litter, or debris;

 

(4)  Animal feces; and

 

(5)  Other dangerous items or substances.

 

          (g)  In outside areas, stationary play equipment accessible to children shall not be over hard surfaces such as cement or asphalt.

 

          (h)  All swimming pools and wading pools shall be inaccessible to children except during supervised activities.

 

          (i)  Programs shall remove standing water.

 

          (j)  Programs shall have a safe supply of water under pressure available for drinking and program use.

 

          (k)  Programs shall not use portable toilets, chemical toilets, or any other toilets which are not attached to a functional sewage disposal system.

 

          (l)  During all hours of operation there shall be functional sewage disposal facilities.

 

Source.  #12536, eff 5-24-18

 

          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.

 

Source.  #12536, eff 5-24-18

 

          He-C 6916.07  Emergency Preparedness and Response Planning.

 

          (a)  Programs shall ensure that for each child, upon the child’s first day, there is a child registration and emergency information form completed by a parent, on file at 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) which shall include procedures for responding to natural, human-caused, or technological incidences 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)  Programs shall practice no less than 2 components of their emergency operations response plan (EOP) with children, when appropriate, but no less than twice per year and maintain a written record of the practiced components.

 

          (e)  All staff shall review the program’s EOP and verification of the review shall be documented in each staff member’s personnel file.

 

          (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)  Any occurrence of a missing child shall be reported to emergency police services, or 911, as soon as staff has 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 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 requires emergency medical treatment or hospitalization, the program shall:

 

(1)  Notify the child’s parent(s) immediately;

 

(2)  Notify the department within 48 hours; and

 

(3)  Within one week provide to the department a written report which details the nature and circumstances of the serious injury.

 

          (n)  If a child dies while in child care the program shall:

 

(1)  Notify emergency personnel and the child’s parent(s) immediately;

 

(2)  Notify the department of the death within 24 hours;

 

(3)  Provide developmentally appropriate information for children and parent(s) regarding the death of the child: and

 

(4)  Within 72 hours provide to the department a written report which details the circumstances which led up to the death.

 

          (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

 

          He-C 6916.08  Prevention of and Response to Emergencies Due to Food and Allergic Reactions.

 

          (a)  Each child with an allergy shall have a written care plan from the child’s physician 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 them;

 

(2)  A detailed treatment plan to be implemented in the event of an allergic reaction, including the names, doses, and methods of prompt administration of any medications; and

 

(3)  Specific symptoms that would indicate the need to administer one or more medications.

 

          (b)  With the permission of the parent or guardian, each child’s allergies shall be posted prominently and wherever the child might come in contact with the allergen.

 

          (c)  The staff shall notify the parent(s) immediately 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 contact 911 whenever epinephrine has been administered.

 

          (e)  Staff shall comply with dietary restrictions as requested in writing by the parent(s) of each child, due to food allergies, or religious or philosophical beliefs.

 

Source.  #12536, eff 5-24-18

 

          He-C 6916.09  Administration of Medication, Including Immunizations.

 

          (a)  Staff shall administer any medication, treatment, or other remedy as required under the provisions of the Americans with Disabilities Act.

 

          (b)  Staff shall only administer medication with:

 

(1)  Signed and dated written instructions for administering the medication from the child’s physician; and

 

(2)  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(s).

 

          (d)  In the event of a medication error in the administration of medication, the staff shall notify the child’s parent(s) 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) above shall be updated annually.

 

          (f)  Staff shall maintain a written log for each dose of medication, excluding topical substances, administered to each child.

 

          (g)  In the event of an error documenting the administration of medication, the staff shall notify the child’s parent(s) by the end of the day in which the error occurred.

 

          (h)  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.

 

          (i)  Medications such as insulin, inhalers, and EpiPens shall be immediately accessible to staff caring for children requiring such medications.

 

          (j)  All prescription or non-prescription medication and topical substances shall be kept in the original containers or pharmacy packaging and properly closed after each use.

 

          (k)  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.

 

          (l)  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 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.

 

          (m)  Programs shall not be required to obtain immunization records for children whose parent(s) object in writing, on the grounds that such immunization is contrary to their religious beliefs, or for children with medical conditions that contraindicate immunization.

 

Source.  #12536, eff 5-24-18

 

He-C 6916.10 Prevention and Control of Infectious Diseases.

 

          (a)  Staff and children shall wash their hands with liquid soap and warm running water as needed.

 

          (b)  Staff shall observe each child for symptoms of illness or injury throughout the day and contact the parent(s) 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;

 

(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.  Ear ache;

 

d.  Sore throat; or

 

e.  Vomiting.

 

          (c)  When any staff or child in the program have symptoms of or are known to have a communicable disease, 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(d) and (e), He-P 301.03(i) and He-P 301.05(i)(1)b.

 

          (d) All foods prepared and served to children shall be free from spoilage, filth, or other contamination.

 

          (e)  Programs shall clean and disinfect bathroom facilities whenever visibly soiled, but at a minimum of at least weekly.

 

          (f)  Programs with pets on the premises shall:

 

(1)  Ensure dogs and cats have a current vaccination for rabies;

 

(2)  Keep litter boxes away from food preparation, food service areas, or any other area where children play; and

 

(3)  Ensure children do not have direct contact with animal feces or urine either indoors or outdoors.

 

Source.  #12536, eff 5-24-18

 

          He-C 6916.11  First Aid and CPR.

 

          (a)  Programs shall have on the premises a selection of non-expired first aid supplies adequate to meet the needs of the children.

 

          (b)  If any child receives an injury or any incident occurs which requires first aid treatment, medical treatment, or medical consultation, staff shall inform the child’s parent(s) of the injury or illness on the date the child is injured or becomes ill.

 

          (c)  If any child has a serious injury while in the care of the program that resulted in medical treatment by a physician or other health care professional, or required hospitalization, or if CPR is performed on a child while in the care of the program, staff shall:

 

(1)  Notify the child’s parent(s) immediately;

 

(2)  Notify the department within 48 hours; and

 

(3)  Within one week provide to the department a written report which details the nature and circumstances of the serious injury.

 

Source.  #12536, eff 5-24-18

 

          He- C 6916.12  Child Development.

 

          (a)  During the operating hours of the program, parent(s) shall have an opportunity to communicate with the staff that cares 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(s) on file at the program.

 

          (d) Programs shall provide privacy for each child toileting, while allowing for age appropriate supervision of each child.

 

          (e)  Smoking shall not be permitted in the building anytime.

 

          (f)  Staff who smoke on their breaks shall wash their hands and change into fresh clothing, or remove smoke- contaminated outerwear prior to returning to work to reduce exposure to third-hand smoke.

 

          (g)  Programs shall provide daily opportunity for outdoor physical activity.

 

          (h)  All media, including televisions, video, or electronic devices shall be age and developmentally appropriate.

 

          (i)  Staff shall guide children’s behavior using the following techniques:

 

(1)  Redirecting a child’s attention to a desirable activity when a child is engaging in unacceptable behavior;

 

(2)  Providing positive guidance;

 

(3)  Establishing developmentally appropriate rules or limits for acceptable behavior     which are fair, consistently applied, realistic, and designed to promote cooperation and respect;

 

(4)  Providing children with reasons for limits and rules;

 

(5)  Giving positively worded directions;

 

(6)  Acting as a role model to demonstrate desired behavior and problem-solving skills and then redirecting children to acceptable behavior;

 

(7)  Arranging equipment, materials, activities, and schedules in a way that promotes desirable behavior; and

 

(8)  Implementing safe, logical, and natural consequences related to the misbehavior and enforcing those consequences as soon as possible after the misbehavior has occurred.

 

          (j)  Separation, or time out, shall only be used as a method to enable a child to regain control of his or herself, not as a punitive disciplinary technique, 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, he or she shall be:

 

a.  Able to see and hear the other children; and

 

b.  Within hearing and vision of staff; and

 

(3)  The only exception to (2) above shall be that staff may remove a child from the classroom to a quieter area which is visible by other staff, to provide one-on-one attention.

 

          (k)  Staff shall not:

 

(1)  Abuse or neglect children;

 

(2)  Use corporal punishment;

 

(3)  Attempt to control children’s behavior by actions which are damaging to children, including but not limited to:

 

a.  Requiring children to stand or sit facing walls or corners;

 

b.  Verbally shaming children;

 

c.  Belittling children;

 

d.  Ridiculing children;

 

e.  Yelling at children;

 

f.  Name calling;

 

g.  Making verbal threats to children; and

 

h. Placing or confining children in equipment that is not appropriate for their age.

 

(4)  Withhold food from children or forcibly feed children;

 

(5)  Discipline children for not eating;

 

(6)  Shame, humiliate, or discipline any child for toileting accidents or lapses in toileting habits;

 

(7)  Use isolation as a form of discipline;

 

(8)  Prohibit children from using the toilet as a form of discipline;

 

(9)  As a means of discipline, require children to:

 

a.  Sleep or rest; or

 

b.  Go to their cot, mat, crib, bed, or playpen or other sleeping or rest facilities; and

 

(10)  Discipline a child for not sleeping at rest or nap time.

 

Source.  #12536, eff 5-24-18

 

          He-C 6916.13  Recognition and Reporting of Child Abuse and Neglect.

 

          (a)  Staff shall allow a parent access to his or her child(ren) at all times while the child(ren) 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)  The staff shall take prompt action to protect children from abuse, neglect, corporal punishment, or other mistreatment by any individual.

 

          (c)  Any child care program staff or other person involved with a program 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 at 1-800-894-5533.

 

          (d)  When any child, while under the care of a program, is the victim of corporal punishment or other harsh punishment or treatment and has been physically or mentally injured because he or she was not 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, the enrolled child care provider or his or her designee shall fully inform the child’s parent(s) 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 program as a result of the incident.

          (e)  The details of the incident outlined in (e) above shall be provided to the parent(s) of the child or children involved in writing by the next business day.

 

Source.  #12536, eff 5-24-18

 

          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(s) and the estimated time that the parent(s) can expect the child to return to the program.

 

          (b)  The following shall be taken to 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; and

 

(3)  All medications, which shall be available and administered as required under He-C 6916.09.

 

          (c)  Items referenced in (b)(2) – (3) 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 or volunteer shall have access to a phone in case of emergency and that phone number shall be available to parent(s) or 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 a 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

 

          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 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 room for the activity.

 

Source.  #12536, eff 5-24-18

 

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 visit for enrolled child care providers to maintain enrollment.

 

          (c)  The department shall issue a monitoring statement to the program for each monitoring visit.

 

          (d)  At the close of any 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 U.S. 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 parent(s), and notify clients and prospective clients of their location;

 

(2)  Make available upon request to clients and prospective clients a copy of the monitoring statement  and program improvement  plan approved for the visit immediately preceding the visit represented on the  monitoring statement  posted in accordance with (1) above; 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 the violation(s);

 

(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 of the violations 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.

 

          (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 3 weeks of the date that the monitoring statement is sent out by the department; and

 

(2)  The names of individuals 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 plans 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 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 monitoring visits as needed to monitor the implementation of the program improvement plan.

 

          (o)  The department shall post on the department website the monitoring statement and program improvement plan within 5 days of the date of issue.

 

          (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 personnel 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

 

          He-C 6916.17  Waiver of Rules.

 

          (a)  Programs that wish to request a waiver of a rule shall provide in writing or electronically the following information:

 

(1)  The program name, address, phone number, and Bridges resource ID 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 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;

 

(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 critical rules and has not corrected those violations;

 

(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

 

          He-C 6916.18  Complaints and Investigations.

 

          (a)  The department shall respond to any complaint that meets the following conditions:

 

(1)  The alleged violation(s) occurred not more than 6 months prior to the date the department was made aware of the allegation(s);