CHAPTER 170-E CHILD DAY CARE, RESIDENTIAL CARE, AND CHILD-PLACING AGENCIES
Residential Care and Child-Placing Agency Licensing
Section 170-E:27
170-E:27 License Required; Prohibition Against Child Endangerment. –
I. No person may establish, maintain, operate or conduct any agency for child care or for child-placing without a license or permit issued by the department under this subdivision.
II. No person, whether licensed as a child care agency or institution or child-placing agency, or exempted from licensing pursuant to RSA 170-E:26, I, shall care for a child in a manner which endangers the health, safety or welfare of the child. For purposes of this paragraph, endangerment shall mean the negligent violation of a duty of care or protection owed to such child or negligently inducing such child to engage in conduct which endangers his health or safety. Licensees in violation of this paragraph shall be subject to the provisions of RSA 170-E:35. Persons exempted from licensing who are in violation of this paragraph shall be enjoined by a court of competent jurisdiction in accordance with the provisions of RSA 170-E:46 from caring for such child and may be enjoined, as the court may determine, from caring for other children. The court in its order for injunctive relief shall provide for removal and placement of the child who is the subject of the order with an organization licensed pursuant to this subdivision.
[Paragraph III effective Sept. 13, 2026.]
III. For the purposes of this section:
(a) A licensee or prospective licensee's refusal, unwillingness, or lack of support for enabling a child to engage in gender transition, or belief that a child should be raised consistent with the child's biological sex, including, but not limited to, referring to a child consistent with the child's biological sex and making related mental health or medical decisions based on the child's biological sex, shall not constitute endangerment. Nor shall such refusal, unwillingness, lack of support, or belief be the basis for the department to deny any license, renewal, or other authorization required to serve as a foster parent.
(b) Nothing in subparagraph (a) shall be construed to relieve the department of its duty to make each placement consistent with the best interests of the child as otherwise required by law. Nothing in subparagraph (a) shall preclude the department from taking into account the religious or moral beliefs of a particular foster child, considered in relation to the religious or moral beliefs of a prospective foster parent when determining which placement is in the best interests of the child.