TITLE XII
PUBLIC SAFETY AND WELFARE

CHAPTER 170-E
CHILD DAY CARE, RESIDENTIAL CARE, AND CHILD-PLACING AGENCIES

Child Day Care Licensing

Section 170-E:11

    170-E:11 Rulemaking. –
The commissioner shall adopt rules, under RSA 541-A, relative to:
I. Minimum standards for licensing which apply to the various types of child day care agencies. The department shall seek the advice and assistance of persons representative of the various types of child day care agencies in adopting rules. The standards prescribed shall include:
(a) The operation and conduct of the agency and the responsibility it assumes for child day care.
(b) The character, qualifications, mental and physical ability and competence of the applicant as well as all persons directly responsible for the care and welfare of children served, or of persons who will be providing necessary care for children and maintaining prescribed standards, or of persons who will do both.

[Paragraph I(c) effective until December 31, 2026; see also paragraph I(c) set out below.]


(c) The number of individuals or staff required to insure adequate supervision and care of the children received including a waiver system based on the following:
(1) For children ages 6 weeks to 12 months, the maximum group size shall be 13 with the following minimum staffing levels:
(A) One associate teacher with up to 4 children;
(B) One associate teacher and one assistant teacher with 5 to 9 children; and
(C) One lead teacher and 2 assistant teachers with 9 to 13 children.
(2) For children ages 13 to 24 months, the maximum group size shall be 16 with the following minimum staffing levels:
(A) One associate teacher with up to 5 children;
(B) One associate teacher and one assistant teacher with 6 to 11 children; and
(C) One lead teacher and 2 assistant teachers with 11 to 16 children.
(3) For children ages 25 to 35 months, the maximum group size shall be 19 with the following minimum staffing levels:
(A) One associate teacher with up to 6 children;
(B) One associate teacher and one assistant teacher with 7 to 13 children; and
(C) One lead teacher and 2 assistant teachers with 13 to 19 children.
(4) Any licensed child care provider may apply for a one year waiver under this paragraph. The department shall not deny a waiver unless there is a documented cause for such denial. The definition of documented cause shall be established in rules adopted by the department. There shall be no limit on the number of waivers, and there shall be no fee for the application for or renewal of a waiver. Waivers may be renewed annually.
(5) The department shall make an interim report to the speaker of the house of representatives and the president of the senate on the number of waivers applied for, granted, and denied by November 1, 2025. The department shall make a final report on the number of waivers applied for, granted, denied, and renewed by November 1, 2026.

[Paragraph I(c) effective December 31, 2026; see also paragraph I(c) set out above.]


(c) The number of individuals or staff required to insure adequate supervision and care of the children received.
(d) The appropriateness, safety, environmental health and general adequacy of the premises, including maintenance of adequate fire prevention and health standards conforming to state laws and municipal codes, to provide for the physical comfort, health and care of children received; provided that, health and safety requirements with regard to school-age children shall be no more stringent than those required for the public schools.
(e) Provisions for food, clothing, educational opportunities, program, equipment and individual supplies to assure the health and the physical and mental development of children served.
(f) Provisions to safeguard the legal rights of children served.
(g) Maintenance of records pertaining to the admission, progress, health and discharge of children.
(h) Filing of reports with the department, including format, frequency and content of such reports.
(i) Discipline of children.
(j) Protection and fostering of the particular religious faith of the children served, where applicable.
(k) Provisions to provide for a report of any new staff, paid or unpaid, or resident of the facility which shall include the name, birth name, date of birth and previous addresses of the person, or other information as required by rules of the department.
(l) The process and forms for application and renewal of licenses.
(m) The process and forms for requesting waivers to minimum standards and for placing conditions on licenses.
(n) The following qualification for certification as an associate teacher: a minimum of 1,000 hours of supervised child care experience in a licensed child care program and 30 hours of training in child growth and development, the latter of which may be documented life experience. Documented life experience in lieu of training in child growth and development shall include experience with the same age children the associate teacher supervises, such as a family child care provider; service as a foster parent; work as a school teacher; work as a camp counselor; and experience as a group leader for children in sports or other activities, such as scouts or little league, or closely related experience.
(o) Emerging Professional Certificates. An emerging professional certificate shall be issued to an applicant who has graduated high school, completed an application to the department's child care licensing unit, and completed the following requirements: completion of 500 hours in a career technical education (CTE) program that includes a minimum of 200 hours of observation, lesson planning, and practice teaching under supervision of a licensed educator in a licensed center-based child care program, licensed family child care, public or private school pre-K through 3rd grade program; 3 courses on educator preparation and child development; and submission of a plan for on-going professional development.
II. The confidentiality of information collected pursuant to RSA 170-E:7, 170-E:10, 170-E:17, III and 170-E:19.
III. The procedures for the appeals processes provided by RSA 170-E:13, II and III.
IV. Policy and procedures concerning monitoring visits, investigation of complaints and disciplinary proceedings, including corrective action plans, against licensees.
V. Policy and procedures concerning suspension or revocation of licenses.
VI. A schedule of administrative fines which may be imposed under RSA 170-E:21-a for a violation of this chapter or the rules adopted pursuant to it.
VII. Procedures for notice and hearing prior to the imposition of an administrative fine imposed under RSA 170-E:21-a.
VIII. Administration and enforcement of the registration process and maintenance of the registry established under RSA 170-E:6-a.

Source. 1990, 257:8. 1991, 355:45. 1998, 256:3, 4, eff. Jan. 1, 1999. 2021, 205:2, Pt. XI, Sec. 1, eff. Oct. 9, 2021. 2024, 3:1, eff. Feb. 21, 2024; 197:1, eff. Sept. 10, 2024; 197:2, eff. Dec. 31, 2026.