CHAPTER
He-C 6400 PROGRAM AND SERVICE
INFORMATION
PART He-C 6420 MEDICAID COVERED SERVICES
Statutory Authority: RSA 170-G:5
He-C 6420.01 Scope.
These rules shall apply to:
(a)
Residential treatment programs licensed under RSA 170-E and certified
for payment pursuant to He-C 6350, with the exception of independent living
homes;
(b)
Residential child care treatment programs located outside of New
Hampshire that are licensed in accordance with their state’s rules and
certified for payment pursuant to He-C 6350; and
(c)
Providers of the following placement services under the foster care
programs licensed under RSA 170-E and certified for payment pursuant to He-C
6355:
(1) Individual service options foster care; and
(2) Therapeutic foster care.
Source. #5804, eff 3-28-94, EXPIRED: 3-28-00
New. #9028, eff 11-17-07; ss by #10986, eff
11-26-15
He-C 6420.02 Definitions.
(a) “Case plan” means the
division for children, youth and families (DCYF) written plan for the child and
the family, which outlines how services will be provided, pursuant to RSA
170-G:4, III and 42 U.S.C. 671, Part E-federal payments for foster care and
adoption assistance 42 USC 671(a)(16) and 42 USC 675(5)(a)-(D) state plan for
foster care and adoption assistance. This term includes “placement plan.”
(b) “Child” means “child” as
defined in RSA 170-E:25, I. The term
includes “youth” and “resident.”
(c)
“Covered service” means a service identified pursuant to He-C 6420.04
that is reimbursable under the state Medicaid program for private non-medical
institutions (PNMI), therapeutic foster care, or
individual service option (ISO) foster care and provided to a child or family.
(d)
“Department” means the department of health and human services of the
state of New Hampshire.
(e) “Division for children, youth
and families (DCYF)” means the organizational unit
of the department of health and human services that
provides services to children and youth referred by courts pursuant to RSA
169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, and RSA 463.
(f)
“Foster care program” means a licensed child-placing agency licensed
under RSA 170-E:25 which recruits, trains, licenses and supervises foster
family homes and provides parental care in a licensed foster home on a regular,
24 hours a day residential basis.
(g)
“Individual service option (ISO) foster
care” means a foster care program in which a variety of intensive therapeutic,
social and community based services are provided or coordinated to meet the
individual needs of a child and his or her family.
(h) “Medicaid” means the Title XIX and Title XXI
programs administered by the department which makes medical assistance
available to eligible individuals.
(i) “Medicaid time study” means the method used
to identify the portion of a provider’s budget devoted to treatment
intervention and rehabilitation services, education, room and board, and
administrative activities to identify costs that are reimbursable under the
Medicaid covered service pursuant to the U.S. Office of Management and Budget
(OMB) Circular A-87, Revised in 5/4/2004.
(j)
“Per diem rate” means the amount paid to a provider for each Medicaid
eligible child receiving residential or foster care services.
(k)
“Prescribing practitioner” means any of the following state licensed
health care providers that provide services identified in 42 CFR 440:130 to
reduce a physical, intellectual, or behavioral disability and aid in the
restoration of a recipient to their best functional level:
(1) Health care providers licensed in accordance
with RSA 326-B;
(2) Physicians;
(3) Physician assistants;
(4) Advanced practice registered nurses (APRN);
and
(5) Any practitioner licensed by the NH board of
mental health practice or NH board of psychologists.
(l)
“Private non-medical institution (PNMI)” means a residential treatment
program as defined in 42 CFR 434.2, licensed and certified for payment by the
department.
(m)
“Provider” means foster care program or residential treatment program.
(n) “Rehabilitative services,”
pursuant to 42 CFR 440.130 (d), means any medical or remedial services
recommended by a physician or other licensed practitioner of the healing arts,
within the scope of his or her practice under state law, for maximum reduction
of physical or mental disability and restoration of a beneficiary to his or her
best possible functional level.
(o)
“Residential treatment program” means “child care agency” as defined in
RSA 170-E: 25, II, including shelter care facilities as defined in RSA
170-E:25, VIII.
(p)
“Therapeutic foster care (TFC)” means a foster care program that has a
family-centered focus in which experienced foster parents who meet the
requirements in He-C 6335.12(n) and clinical support staff provide comprehensive
and intensive clinical and therapeutic services to children who have chronic mental, emotional, physical, or behavioral
problems that require a therapeutic treatment plan, individual supervision, and
consistent programmatic structure for the child in an intensive family
environment.
(q)
“Treatment plan” means the residential treatment program or foster care program’s written, time-limited, goal-oriented therapeutic
plan for the child and family developed by the treatment team, which includes
strategies to address the issues that brought the child into placement and which is consistent with rehabilitative services.
Source. #5804, eff 3-28-94, EXPIRED: 3-28-00
New. #9028, eff 11-17-07; ss by #10986, eff
11-26-15
He-C 6420.03 Child Eligibility.
(a)
To be eligible for Medicaid reimbursement for covered services, an
individual shall be:
(1) Identified as a child or youth who is
receiving residential services pursuant to RSA 169-B, RSA 169-C, or RSA 169-D;
and
(2) A Medicaid recipient.
Source. #5804, eff 3-28-94, EXPIRED: 3-28-00
New. #9028, eff 11-17-07; ss by #10986, eff
11-26-15
He-C 6420.04 Covered Services.
(a)
Medicaid covered services shall be provided to children as part of the
residential component of a residential treatment program or foster care program
and shall not be billed to the Medicaid to schools program pursuant to He-M
1301.
(b)
Covered services shall be approved by the prescribing practitioner to be
medically necessary, using the following criteria:
(1) The services
are designed to provide maximum reduction of physical, intellectual, or
behavioral disability and restore a child to his or her best possible
functional level; and
(2) There is no other equally effective course of
treatment available on a fee-for-service basis that is more conservative, less
restrictive, or substantially less costly than the per diem rate for
residential treatment program or foster care program services.
(c)
Covered services shall:
(1) Be provided in accordance with a child’s
treatment plan; and
(2) Be designed to
meet the health and rehabilitative needs of a child to address his or her
physical, intellectual, or behavioral disability.
(d)
Covered services shall include:
(1) Nursing services;
(2) Occupational
therapy, including evaluations, treatments or consultations necessary to
implement a program of activities to develop or maintain skills necessary to
achieve adequate and appropriate physical and mental functioning of a child;
(3) Physical therapy, when provided by or under
the supervision of a physical therapist, and for which there shall be a
physician’s written authorization for individual or group treatment, supplies,
and equipment related to physical therapy;
(4) Psychiatric
services when necessary for the evaluation, diagnosis, and treatment of
psychiatric problems;
(5) Psychological
services when necessary for the evaluation, diagnosis, and treatment of
emotional or behavioral problems or disturbances;
(6) Speech,
language and hearing services when necessary for the evaluation, diagnosis, and
treatment of speech, language, and hearing disorders;
(7) Rehabilitative
services, which shall be included in the treatment plan and based on a
physician’s written referral or a recommendation from a prescribing
practitioner;
(8) Behavioral health, other than psychiatric and
psychological services referenced in (4) and (5) above; and
(9) Any other
remedial services as are necessary for the maximum reduction of a child’s
physical, intellectual, or behavioral disabilities, excluding classroom
instruction and academic tutoring.
(e)
Nursing services referenced in (d)(1) above shall be performed by an RN,
LPN or ARNP, and shall include:
(1) Any evaluations, treatments, staff training,
or consultations that are necessary for the child to be safely cared for;
(2) Administration of medication;
(3) Observation of children with chronic or acute
illnesses in order to assure that medical needs are being appropriately
identified, addressed and monitored; and
(4) Other services allowed under their individual
identified scope of practice for nursing services.
(f)
Physical therapy services referenced in (d)(3) above shall include:
(1) Evaluations;
(2) Treatment; and
(3) Consultation that might prevent, restore or
alleviate a loss of or impairment of a physical function.
(g)
Rehabilitative services referenced in (d)(7) above shall include:
(1) Assistance with communication;
(2) Behavior management;
(3) Nutrition counseling;
(4) Medication management and training;
(5) Hygiene and personal care training;
(6) Coordination of medical care; and
(7) Development and implementation of individual
treatment plans.
(h)
Behavioral health services referenced in (d)(8) above shall include, at
a minimum:
(1) Behavior management;
(2) Individual, group, and/or family counseling;
(3) Substance use disorder counseling; and
(4) Crisis intervention and stabilization.
Source. #5804, eff 3-28-94, EXPIRED: 3-28-00
New. #9028, eff 11-17-07; ss by #10986, eff
11-26-15
He-C 6420.05 Qualifications for Providers of Covered
Services.
(a)
A provider shall be enrolled as a New Hampshire Medicaid provider and be
either:
(1) A residential treatment program licensed by
the department in accordance with RSA 170-E:25 through 49 as appropriate for
the type of program and certified for payment by DCYF or in accordance with
He-C 6350; or
(2) A foster care program licensed under RSA
170-E:25 and certified for payment by DCYF in accordance with He-C 6355.
(b)
Individuals who provide covered services under He-C 6420 shall be:
(1) A physician licensed to practice in New
Hampshire, pursuant to RSA 329;
(2) An APRN, an RN, or an LPN licensed to
practice in New Hampshire;
(3) A psychiatrist
licensed by the New Hampshire board of medicine to practice in New Hampshire;
(4) A psychologist licensed to practice in New
Hampshire;
(5) A family worker or case manager with a
bachelor’s degree in education, in a clinical field such as social work,
marriage and family therapy, psychology, guidance counseling, or a degree which
would make one eligible for a license from the NH board of mental health
practice or NH board of psychologists or a related field with emphasis in human
services and family systems, and have 2 years of human services experience;
(6) A certified recovery support worker (CRSW)
certified by the NH board of licensing for alcohol and other drug use
professionals or a licensed alcohol and drug counselor (LADC) or master’s
licensed alcohol and drug counselor (MLADC) licensed by the board of licensing
for alcohol and other drug use professionals;
(7) A clinical coordinator, including a treatment
coordinator, who:
a.
Is a full-time staff member employed by the residential treatment
program or foster care program;
b.
Meets the requirements of (8) below; and
c.
Is responsible for administrative oversight of the clinical services
provided at the program;
(8) A clinical staff member who has a master’s degree in a clinical field such as
social work, marriage and family therapy, psychology, guidance counseling, or a
degree which would make one eligible for a license from the NH board of mental
health practice or NH board of psychologists; or
(9) Other child care staff approved by the
department as meeting the requirements to work in a residential program or
foster care program pursuant to RSA 170-E:25.
(c)
Staff of a residential treatment program shall meet the requirements in
He-C 6350.
(d)
Staff of a foster care program shall meet the requirements in He-C 6355.
(e)
Individuals identified in (b) above who do not practice in New Hampshire
shall be licensed, certified, or otherwise approved as required by the laws and
rules of the state where they do practice.
Source. #5804, eff 3-28-94, EXPIRED: 3-28-00
New. #9028, eff 11-17-07; ss by #10986, eff
11-26-15
He-C 6420.06 Requirement for Medical Examinations.
(a) Residential treatment
programs or foster care programs shall ensure the child’s health needs are met,
and as follows:
(1) For any initial placement
of a child due to petitions filed under RSA 169-C, a comprehensive physical
exam shall be arranged by the residential treatment program or foster care
program in conjunction with the CPSW, to occur within the first 48 hours for a
child up to the age of 2, or within 30 days of placement for a child between
the age of 2 and 18;
(2) Shelter care programs shall
comply with He-C 6350.18(d);
(3) The child shall receive all routine medical examinations and
treatment pursuant to Early and Periodic Screening, Diagnosis, and Treatment
(EPSDT) pursuant to He-W 546; and
(4) Residential treatment programs shall comply with NH residential
child care licensing rules He-C 4001.12.
(b)
All medical exams as required in (a) shall be documented in the child’s
file.
Source. #5804, eff 3-28-94, EXPIRED: 3-28-00
New. #9028, eff 11-17-07; ss by #10986, eff
11-26-15
He-C 6420.07 Documentation of Services.
(a)
Residential treatment programs that provide covered services pursuant to
He-C 6420.04 shall document services for each child, including:
(1)
A written treatment plan, as described in He-C 6350, which identifies
Medicaid covered services that the child receives through the residential
treatment program;
(2)
A case plan completed by DCYF staff, which shall be submitted prior to
the deadline for the establishment of the treatment required in (1) above;
(3)
The signature of a prescribing practitioner on the child’s treatment
plan, indicating approval of the Medicaid covered service;
(4)
Maintenance of logs, at least weekly, summarizing the Medicaid covered
services that were provided to the child in accordance with a written treatment
plan;
(5)
Written progress reports on each child in accordance with He-C 6350;
(6)
Compliance with other documentation requirements of He-C 6350, as
appropriate for the level of certification; and
(7)
Copies of claims submission for covered services to the Medicaid fiscal
agent.
(b)
Foster care programs that provide covered services pursuant to He-C
6420.04 shall document each service for each child, including:
(1)
A written treatment plan, as described in He-C 6355, which identifies
Medicaid covered services that the child receives at the foster care program;
(2)
A case plan, completed by DCYF staff, which shall be submitted prior to
the deadline for the establishment of the treatment plan, required in (1)
above;
(3)
The signature of a prescribing practitioner on the child’s treatment
plan, indicating approval of the Medicaid covered service;
(4)
Maintenance of daily logs, summarizing the Medicaid covered services
that were provided to the child in accordance with a written treatment plan;
(5)
Weekly notes completed by the case manager documenting Medicaid covered
services per He-C 6355;
(6)
Written progress reports on each child in accordance with He-C 6355;
(7)
Compliance with other documentation requirements of He-C 6355, as
appropriate for the level of certification; and
(8)
Copies of claims submissions for covered services to the Medicaid fiscal
agent.
Source. #5804, eff 3-28-94, EXPIRED: 3-28-00
New. #9028, eff 11-17-07; ss by #10986, eff
11-26-15
He-C 6420.08 Medicaid Time Study.
(a)
Medicaid time studies shall be completed upon DCYF’s request, once per
current state fiscal year, and submitted with the annual budget to the DCYF.
(b)
Form 2727, “Individual Time Log” (June 2015), shall be used to record
all activities provided by identified residential treatment program or foster
care program staff during the Medicaid time study period.
(c)
Form 2728, “Ten-day Summary of Individual Time Logs” (June 2015), shall
be used to obtain the total hours of individual staff activity.
(d)
A residential treatment program’s or foster care program’s Form 2729
“Program Staff Summary” (June 2015), shall be used to calculate the percentage
of staff salaries that may be allocated to Medicaid.
Source. #5804, eff 3-28-94, EXPIRED: 3-28-00
New. #9028, eff 11-17-07; ss by #10986, eff
11-26-15
He-C 6420.09 Payment for Services.
(a)
Payments for covered services provided in a residential treatment
program or foster care program shall be made in accordance with per diem rates,
as specified in (b) and (c) below.
(b) The percentages paid for Medicaid covered
services shall be identified based on the Medicaid time study and annual
budget, as a part of the residential per diem rate established pursuant to RSA
170-G:4, XVII-a.
(c)
Medicaid portion of per diem rates shall have the following
restrictions:
(1)
Payments for services in out-of-state residential treatment programs or
foster care programs shall be made only if equal services are not available
within New Hampshire at the time the child is placed;
(2) Payments for professional
medical services provided outside the residential treatment program or foster
care program to children in a child care program, either at the facility or
other medical setting, shall be made on a fee-for-service basis only if the
specific services by that provider are not already included in the rate; and
(3)
Payments shall not be made for days when the child is absent from the
residential treatment program or foster care program due to running away or
hospitalization.
Source. #5804, eff 3-28-94, EXPIRED: 3-28-00
New. #9028, eff 11-17-07; ss by #10986, eff
11-26-15
He-C 6420.10 Non-Covered Services.
(a)
Facilities that are licensed under RSA 151, such as nursing homes,
rehabilitation centers, and hospitals, shall not be eligible for this funding Source.
(b)
The following services and activities shall not be Medicaid covered
services for residential treatment programs or foster care programs:
(1)
Programs, services, or components of services provided to children which
are academic in nature, namely, traditional subjects such as:
a.
Science;
b.
History;
c.
English literature;
d.
Foreign languages; and
e.
Mathematics;
(2)
Programs, services, or components of services provided to children and
appropriately billed to the Medicaid to schools program pursuant to He-M 1301;
(3)
Programs, services, or components of services provided to children which
are designed to provide a vocational program, namely, those designed to prepare
individuals for paid or unpaid employment;
(4)
Vocational equipment and uniforms;
(5)
Programs, services, or components of services which are designed solely
to provide opportunities for socialization or recreation of children where
staff will not be providing Medicaid covered services, including:
a.
Picnics;
b.
Dances;
c.
Sporting events;
d.
Field trips;
e.
Parties; and
f.
Social clubs; and
(6)
Room and board for the child.
Source. #5804, eff 3-28-94, EXPIRED: 3-28-00
New. #9028, eff 11-17-07; ss by #10986, eff
11-26-15
PART
He-C 6422 RESIDENTIAL CHILD CARE
FACILITIES RATE SETTING
Statutory
Authority: RSA 170-G:5
He-C 6422.01 -
6422.11
Source. #4389, eff 3-22-88, EXPIRED: 3-22-94
New. #7643, eff 4-2-02, EXPIRED: 4-2-10
He-C 6422.12 - 6422.25
Source. #7643, eff 4-2-02, EXPIRED: 4-2-10
PART He-C
6423 FOSTER FAMILY HOME RATE-SETTING
Statutory
Authority: RSA 170-E:34, I(f)
He-C 6423.01 Purpose. When children must be temporarily placed away
from their families, the department of health and human services (DHHS)
provides board, care, and clothing payments to the providers of foster family
homes as they work with the child and his or her family. These rules publish the rates for reimbursing
foster family homes.
Source. #4447, eff 7-1-88, EXPIRED: 7-1-94
New. #9514, eff 7-18-09; ss by #12229, INTERIM,
eff 7-17-17, EXPIRED: 1-13-18
New. #12470, eff 1-30-18
He-C 6423.02 Applicability.
(a)
These rules shall apply to those foster family homes, licensed pursuant
to He-C 6446 and certified pursuant to He-C 6347 in which children are placed
by DHHS.
(b)
These rules shall not apply to child-placing agencies pursuant to RSA
170-E:25, IV, that establish their own rates.
Source. #4447, eff 7-1-88, EXPIRED: 7-1-94
New. #9514, eff 7-18-09; ss by #12229, INTERIM,
eff 7-17-17, EXPIRED: 1-13-18
New. #12470, eff 1-30-18
He-C 6423.03 Definitions.
(a)
“Adolescent care” means that category of foster family care for the care
of adolescents, ages 14-21 years with specialized needs, provided by foster
parents that have been recruited, selected, and trained to serve this
specialized population.
(b) “Crisis care” means that category of foster
family care where an unplanned placement is made in a foster family home any
time after 4:30 p.m. or before 8:00 a.m., during a weekend, or holiday, and
services are provided to a child in care on a regular 24-hour a day basis for a
period not to exceed 5 calendar days.
(c)
“Eligible child” means a child removed from their home by court order or
through a voluntary agreement whose needs for out of home care can be met by a
general, specialized, adolescent, emergency, or respite foster family home.
(d)
“Emergency care” means that category of foster family care where an
unplanned placement is made in a foster family home and services are provided
to a child in care on a regular 24-hour a day basis for a period not to exceed
10 days.
(e)
“General care” means that category of foster family care where shelter,
supervision, and support services are provided.
(f)
“Respite care” means that category of foster family care for substitute
care provided by a person or agency which is licensed as a child care or
child-placing agency and provides temporary overnight relief of child care
responsibilities for the parent or for the substitute care provider for
children in foster care programs.
(g)
“Specialized care” means that category of foster family care in which
shelter, supervision, and support services are provided to children identified
as needing specialized care by foster parents who have met the additional
training and care requirements set forth in He-C 6446.04(c) and He-C
6446.23(j).
Source. #4447, eff 7-1-88, EXPIRED: 7-1-94
New. #9514, eff 7-18-09; ss by #12229, INTERIM,
eff 7-17-17, EXPIRED: 1-13-18
New. #12470, eff 1-30-18
He-C 6423.04 Foster Family Home Rates.
(a)
The foster family home daily rates for eligible children established by
DHHS shall be as listed in Table 6423.1 and Table 6423.2.
Table 6423.1
Foster Family Home Daily Rates By Categories Of Foster Care And The Child’s Age
|
Child’s Ages
(inclusive) |
Newborn-5 years
old |
6-11 years old |
12-21 years old |
|
|
|
|
|
|
Foster Care
Categories |
|
|
|
|
General |
$16.59 |
$18.00 |
$21.41 |
|
Specialized |
$21.48 |
$23.31 |
$21.74 |
Table 6423.2 Foster Family Home Daily
Rates – Other Categories
|
Foster Care Categories |
Daily Rate |
|
Adolescent |
$27.74 |
|
Emergency |
$27.74 |
|
Respite Care |
$27.20 |
|
Crisis Care |
$40.55 |
(b)
Clothing rates shall be $1.11 per child per day for general,
specialized, and adolescent categories of foster family homes and for all ages
of foster children. No clothing payments
shall be made to crisis care, emergency, and respite care providers.
(c)
The rates established pursuant to He-C 6423 are contingent upon the
availability and continued appropriation of sufficient funds for this purpose,
and in no event shall DHHS be liable for any payments hereunder in excess of
such available appropriated funds.
Source. #4447, eff 7-1-88, EXPIRED: 7-1-94
New. #9514, eff 7-18-09; ss by #12229, INTERIM,
eff 7-17-17, EXPIRED: 1-13-18
New. #12470, eff 1-30-18
PART
He-C 6429 CHILDREN LEFT AT HOSPITALS OR
SAFE HAVENS
He-C 6429.01 Scope.
These rules apply to hospitals and safe havens at which a child who is
not more than 61 days old has been left by the child’s parents and the parents
have not expressed an intent to return for the child.
Source. #8139, eff 8-17-04; ss by #10170, eff 8-17-12; ss by #13412, eff 7-26-22; ss by #14175, INTERIM, eff 1-18-25,
EXPIRES: 7-17-25
He-C 6429.02 Definitions.
(a)
“Child” means a newborn infant who is not more than 61 days old.
(b)
“Church” means a house of worship that is registered with the New
Hampshire secretary of state under RSA 292:1, I for a religious purpose.
(c)
“Department” means the department of health and human services.
(d)
“Emergency 911 responder” means a person who is trained to provide the
services of a fire department, police department, or ambulance or rescue unit.
(e)
“Hospital” means “hospital” as defined in RSA 132-A:1, II, namely, “a
public or private institution which is required to be licensed under RSA 151,
and which is engaged in providing to patients, under supervision of physicians,
diagnostic and therapeutic services for medical diagnosis, treatment, and care
of injured, disabled, or sick persons, or rehabilitative services for the
rehabilitation of such persons.”
(f)
“Safe haven” means “safe haven” as defined in RSA 132-A:1, III, namely,
“a church which is attended by a person, or a police or fire station which is
attended by a person, or a 911 responder at an agreed transfer location.”
(g)
“Safe haven infant safety device" means “safe haven infant safety
device" as defined in RSA 132-A:1, IV, namely, "a device or container
to safely accept delivery of a child 61 days of age or younger that is:
(a) Voluntarily installed by a hospital,
law enforcement agency, or fire department; (b) Physically located inside a
hospital, law enforcement facility, or fire department facility that is staffed
24 hours a day; (c) Located in an area that is conspicuous and visible to the
employees of the hospital, law enforcement agency, or fire department; and (d)
Equipped with an alarm that notifies the hospital, law enforcement agency, or
fire department where the device or container is located."
Source. #8139, eff 8-17-04; ss by #10170, eff
8-17-12; ss by #13412, eff 7-26-22; ss by #14175, INTERIM, eff 1-18-25,
EXPIRES: 7-17-25
He-C 6429.03 Temporary Care and Control of Children by
a Hospital or Safe Haven.
(a) A hospital or safe haven shall, without a
court order, take temporary care and control of a child who is not
more than 61 days old, pursuant to RSA 132-A: 2, I, provided that the
child is handed to a person at the hospital or safe haven, or is placed in a
safe haven infant safety device by the child's parent or parents, and the
parent or parents did not express an intent to return for the child.
(b)
A hospital or safe haven shall not require the individual
surrendering the child to reveal personally identifiable
information.
(c) A safe haven shall
immediately and safely transport or arrange for the child to be immediately and
safely transported to the local hospital.
(d) The hospital, whether
receiving the child directly from the parent, from the safe haven, or when
placed in a safe haven infant safety device shall provide
any medical services necessary to protect the physical health or safety
of the child including observation, physical examination, and any necessary
medical treatment.
Source. #8139, eff 8-17-04; ss by #10170, eff 8-17-12; ss by #13412, eff 7-26-22; ss by #14175, INTERIM, eff
1-18-25, EXPIRES: 7-17-25
He-C 6429.04 Requirements of
Hospitals and Safe Havens.
(a)
Within 24 hours after assuming temporary care and control of a child
under RSA 132-A:3, I, the hospital or safe haven shall provide notice to the
division for children, youth, and families (DCYF) and local law enforcement
officials.
(b)
Personnel at hospitals and safe havens shall provide the notification to
DCYF required in (a) above by calling the DCYF intake unit at 1-800-894-5533 or
603-271-6562.
(c)
When providing notification to DCYF or to law enforcement, a hospital or
safe haven shall provide the following information:
(1) The name of the hospital or safe haven;
(2) The date and time the child was left at the
hospital or safe haven;
(3) Whether the child was surrendered in a safe haven infant safety device or handed to a person at
the hospital or safe haven;
(4) The child’s gender and date of birth if
known;
(5) The child’s health condition;
(6) The name of the attending physician; and
(7) Any personally identifiable information that
was provided to the hospital or safe haven by the child’s parent or parents on
a voluntary basis, such as:
a. The
parent or parents’ names and addresses; and
b. Family
medical history or other family information.
(d)
As allowed by RSA 132-A:3, II, a hospital or safe haven may bill the
department for all necessary medical and other costs incurred while assuming
care of the child, including any cost incurred for services provided by a
physician or other medical personnel who is not associated with the hospital or
safe haven, within 90 days of the date the hospital or safe haven assumed
custody of the child.
(e)
Hospital personnel shall allow the DCYF nurse or staff access to the
child and the child’s medical information.
Source. #8139, eff 8-17-04; ss by #10170, eff
8-17-12; amd by #12482, eff 2-21-18; ss by #13412,
eff 7-26-22; ss by #14175, INTERIM, eff 1-18-25, EXPIRES: 7-17-25
He-C 6429.05 Duties of the Department.
(a) Upon receiving notification
in accordance with He-C 6429.04(a), DCYF staff shall:
(1) Within
24 hours, request law enforcement officials to investigate the incident,
including by using the national crime information center database, to determine
if the child is a missing child;
(2) Have a
staff nurse, supervisor, or DCYF administrator:
a. Observe the
child;
b. Review
any medical
information about the child;
c. Follow
up on any health care
treatment recommendations; and
d. Coordinate
with the hospital for the child’s discharge from the hospital; and
(3) Apply
to the family division of the circuit court for an order to assume temporary
custody of the child.
(b)
In accordance with RSA 132-A:3, the department shall be responsible for
all necessary medical and other costs incurred by the hospital or safe
haven related to the temporary care and control of the child except costs incurred related to installation, maintenance, service, testing, or
vandalism of a safe haven infant safety device.(c) Pursuant to RSA 132-A:4, I, no person or
entity subject to the provisions of RSA 132-A shall be liable for any claim at
law or in equity as a result of action taken pursuant to the requirements of
this Part.
Source. #8139, eff 8-17-04; ss by #10170, eff
8-17-12; ss by #13412, eff 7-26-22; ss by #14175,
INTERIM, eff 1-18-25, EXPIRES: 7-17-25
He-C 6429.06 Care and Custody Requests. Following the surrender of the child, anyone
requesting care and custody
of the child shall contact the family division of the circuit court
that has jurisdiction over the matter, pursuant to RSA 169-C.
Source. #8139, eff 8-17-04; ss by #10170, eff
8-17-12; ss by #13412, eff 7-26-22; ss by #13412, eff 7-26-22; ss by #14175,
INTERIM, eff 1-18-25, EXPIRES: 7-17-25
PART He-C 6430 CENTRAL REGISTRY
Statutory Authority: RSA 169-C:3-a and RSA 169-C:35, I
He-C 6430.01 Purpose.
The purpose of these rules is to describe:
(a) The process for obtaining a confirmation of
whether or not an individual’s name is listed on the central registry; and
(b) The confidentiality and expungement of
information contained on the central registry.
Source. #8594, eff 3-28-06; ss by
#10692, eff 10-14-14; ss by #14249, eff 5-20-25, EXPIRES: 5-20-35
He-C 6430.02 Scope.
These rules shall apply to any person or entity seeking a confirmation
of whether or not an individual’s name is listed on the central registry or
seeking expungement from the central registry pursuant to RSA 169-C:35, IV.
Source. #8594, eff 3-28-06; ss by
#10692, eff 10-14-14; ss by #14249, eff 5-20-25,
EXPIRES: 5-20-35
He-C 6430.03 Definitions.
(a) “Central registry” means the
state registry that maintains all founded reports of child abuse and neglect established pursuant to RSA 169-C:35.
(b) “Department” means the New Hampshire department of health and
human services.
(c) “Expungement” means the removal of
information contained on the central registry that relates to a specific
perpetrator’s name and a founded report of child abuse or neglect.
(d) “Founded determination” means
a specific allegation of child abuse or neglect where the department has determined that there is a
preponderance of the evidence to believe that a child has been abused or
neglected.
(e) “Founded report” means a
report of child abuse or neglect where the department has made one or more founded
determinations.
(f) “Report” means a referral that has been accepted for assessment of alleged
child abuse or neglect by the department’s division for children, youth and
families.
(g) “Type of abuse or neglect”
means abuse or neglect as described in RSA 169-C:3, II and XIX, and categorized
by type as either sexual abuse, physical abuse, psychological abuse, or
neglect.
Source. #8594, eff 3-28-06; ss by
#10692, eff 10-14-14 (from He-C 6430.01); ss by #14249, eff 5-20-25, EXPIRES:
5-20-35
He-C 6430.04 Notice of Determination of a Finding of
Child Abuse or Neglect.
(a) The department shall provide written notice to any individual
that it determines to be responsible for an incident of abuse or neglect under
RSA 169-C prior to the individual’s name being entered on the central registry.
(b) The notice shall set forth:
(1) The nature of the report, which identifies the type of abuse or neglect;
(2) The date of the court finding, if applicable;
(3) The reasons underlying the founded
determination;
(4) The name of the person responsible for the
child abuse or neglect;
(5) The right of
the person responsible for the child abuse or neglect to access the
department’s case records pursuant to RSA 170-G:8-a;
(6) Any right to challenge the founded
determination, as follows:
a.
Submission of an administrative appeal request to challenge the
department’s founded determination within 30 days of the receipt of the notice,
if the founded determination was not made by a court of jurisdiction;
b.
Submission of an appeal to supreme court within 30 days of a final
dispositional order made by a court of jurisdiction in compliance with RSA
169-C:28; or
c. Persons
responsible for child abuse or neglect who have consented in court or signed a
non-court agreement waiving any right to challenge the founded determination;
and
(7) The right to petition to have the name of the
person responsible for the child abuse or neglect expunged from the central
registry pursuant to RSA 169-C:35, V.
(c) The notice shall be provided to the person
responsible for the child abuse or neglect by:
(1) Certified mail return receipt requested at the person’s
last known address on file with the department; or
(2) By serving the person in hand and having the person sign a receipt of
service.
(d) If the person responsible for the child abuse or neglect is a
juvenile, or is an adult with a legal guardian, the notice shall be sent to the
responsible person’s parent or guardian.
(e) The failure to request an administrative hearing within 30
days of receipt of the notice shall constitute a waiver of the right to an
administrative appeal of the department’s founded determination.
Source. #8594, eff 3-28-06; ss by
#10692, eff 10-14-14; ss by #14249, eff 5-20-25,
EXPIRES: 5-20-35
He-C 6430.05 Information
Contained on the Central Registry.
(a) Information contained on the
department’s central registry shall be confidential except as authorized by:
(1) RSA 169-C:35, II;
(2) RSA 169-C:35, VI; and
(3) RSA 169-C:35, VII.
(b) Information contained on the
department’s central registry about the person responsible for an incident of
child abuse or neglect shall include:
(1) The first and last name of the
person responsible for the child abuse or neglect;
(2) The date of birth of the
person responsible for the child abuse or neglect;
(3) The referral number;
(4) The date that the department
received the report of suspected abuse or neglect;
(5) The date that due process was satisfied for
the person responsible for the child abuse or neglect and the date the person’s
name was eligible to be entered on the central registry;
(6) The name
of the district office that investigated the report;
(7) The type
of abuse or neglect founded by the department;
(8) The type of founded
determination where the department’s action taken is categorized as either
problem resolved, services only, or court action; and
(9) The relationship of the person
responsible for the child abuse or neglect to the victim.
(c) Individuals with founded reports of child abuse or neglect
shall be listed on the central registry indefinitely subject to an individual’s
right to petition to have the individual’s name expunged from the central
registry in accordance with RSA 169-C:35, IV.
Source. #8594, eff 3-28-06; ss by
#10692, eff 10-14-14 (from He-C 6430.02); ss by #14249, eff 5-20-25, EXPIRES:
5-20-35
He-C 6430.06 Access
to the Central Registry.
(a) Access to search the central registry shall
be limited to:
(1)
Department employees:
a.
Who have completed
training specific to searching the central registry provided by the division
for children, youth and
families; and
b. Whose official duties require the ability to
perform searches of the central registry, as required by RSA 169-C:34, RSA 170-E:7, II(a), RSA
170-E:29, or an applicable administrative rule on certification for payment
standards in He-C 6300 or child care program in He-C 6900;
(2) Staff of the
credentialing bureau of the department of education for applicant records
pursuant to RSA 169-C:35, I; and
a. Obtain written
authorization from the division director of the department’s division for
children, youth
and families prior to accessing the central registry;
b. Confirm its employees
successfully complete the training specified in (1)a. above prior to accessing
the central registry; and
c. Identify no more than 3 employees it wishes to have access to
the central registry, provided that the contracted vendor may request additional employees to have
access based on internal operating logistics. The department shall allow the
additional employees to have access if necessary to avoid imposing an
operational hardship on the contracted vendor.
(b) Access in (a) above shall be rescinded:
(1) Upon termination
of employment or contract; or
(2) Upon a change
in official duties described in (a)(1)b. and (a)(2) above which does not
require the employee or credentialing staff authorization to search the central
registry.
(c) All
searches performed in the central registry shall be authorized according to
state or federal laws allowing such background checks.
Source. #10692, eff 10-14-14 (from He-C
6430.03); ss by #14249, eff 5-20-25, EXPIRES: 5-20-35
He-C 6430.07 Written Request Required to Search the
Central Registry.
(a) Except for central registry searches
conducted under RSA 169-C:34, II and RSA 169-C:35, I, requests to search the central registry shall be made in writing
and contain the following information for the individual to be searched:
(1) Name;
(2) Date of birth;
(3) Current physical and mailing addresses;
(4) All previous names or aliases;
(5) Instructions on where to return the written
results;
(6) The individual’s signature; and
(7) Proof of identity of the individual to be
searched authorizing the search pursuant to RSA 169-C:35, II.
(b) Any individual
requesting to receive the results of their own central registry check shall
meet the requirements in (a) above by submitting a completed, dated, and signed
Form 2500 “NH Child Abuse and Neglect Central Registry Authorization for Individual
Name Search” (May 2025), in accordance with (l) below, that includes the
following request and acknowledgement:
“I hereby request
the Department of Health and Human Services to conduct a search of the New
Hampshire Child Abuse and Neglect
Central Registry to determine if my name is listed as an individual found
responsible for child abuse or neglect in NH.”; and
“I acknowledge
that NH RSA 169-C:35 states it shall be unlawful for any employer to require my
name to be reviewed against the
Central Registry, as a condition of employment in New Hampshire, unless
specified in NH RSA 170-E or NH RSA 170-G:8-c.”
(c)
In addition to the requirements in (b) above, the requestor shall verify
proof of identity by obtaining a notary acknowledgement when signing Form 2500.
(d) If an individual requesting to receive the
results of their own central registry check is listed in the founded reports
maintained in the central registry, the department shall:
(1) Provide the individual with the date or dates
the individual’s name was entered on the central registry and the mailing
address of the district office that made the finding or findings; and
(2) Inform the individual that additional case
record information may be accessed through the district office that made the
founded determination by submitting a separate request directly to that
district office.
(e) An individual seeking employment with an
employer specified in RSA 170-G:8-c requesting a third party receive the
results of their central registry check shall meet the requirements in (a) by
submitting a completed, dated, and signed Form 2501 “NH Child Abuse and Neglect
Central Registry Authorization for Name Search and Release of Information to a
Third Party” ( May 2025), in accordance with (l) below that includes the
following authorization:
“I authorize a
search of the NH Child Abuse and Neglect Central Registry to determine if my
name is listed as an individual found responsible for child abuse or neglect in
NH. I consent to the release of the information
to the person and agency named above for the purpose indicated. I understand
that the results will not be sent to me.”
(f) In addition to the requirements in (e) above,
the requestor shall provide one of the following as proof of identity on Form
2501 when signing Form 2501 in the respective sections:
(1) A notary acknowledgement;
(2) A completed attestation signed and dated by
an employer or the employer’s representative stating:
“I attest the named individual presented me with the
documents required to legally submit an I-9 form on their behalf.”; or
(3) A completed attestation signed and dated by
department or contracted vendor staff stating:
“I attest the
named individual presented me an unexpired government issued photo identification.”
(g) If any individual whose name has been
submitted for a central registry check under RSA 170-G:8-c is the subject of a
founded report of child abuse or neglect, the department shall provide the
records related to the founded report to the hiring manager for the purpose of
conducting an investigation in accordance with RSA 170-G:8-c, IV and V while
carrying out their official functions. Information obtained shall be kept
confidential pursuant to RSA 170-G:8-a, II and III(g), and shall not be
disclosed or released unless otherwise required by law or court order.
(h) Any individual applying to be a foster or
adoptive parent shall complete and submit Form 2501 “NH Child Abuse and
Neglect Central Registry Authorization
for Name Search and Release of Information to a Third Party” ( May 2025), in
accordance with (l) below, to have the individual’s name checked against the
central registry.
(i) Any individual
applying to be a foster or adoptive parent through another state’s child
welfare agency responsible for licensing foster and adoptive care applicants
shall:
(1) Submit Form 2501 “NH Child Abuse and Neglect
Central Registry Authorization for Name Search and Release of Information to a
Third Party” (May 2025), to be completed and mailed in accordance with (l)
below, to have the individual’s name
checked against the central registry in compliance with RSA 169-C:35, VI; or
(2) Submit a central registry check request on
the other states’ agency letterhead pursuant to procedures allowed by 42 USC 671 (a)(20), known as an “Adam Walsh” check.
(j) Pursuant to RSA 170-B:18, VI, any petitioner for adoption, in which
no private adoption agency has completed a central registry check, shall submit
to the circuit court an official current New Hampshire judicial branch form
“Department of Health and Human Services Record Release Authorization”
(NHJB-2171-FP), to be completed and mailed in accordance with (l) below, to
have the petitioner’s name checked
against the central registry.
(k) Pursuant to RSA 463:5, IV(b), any petitioner for guardianship shall submit to the
circuit court a completed official current New Hampshire judicial branch form
“Department of Health and Human Services Record Release Authorization”
(NHJB-2171-FP), mailed in accordance with (l) below, to have the petitioner’s
name checked against the central registry.
(l) All
forms above shall be:
(1) Signed
and dated by the individual to be checked, with the
signature affixed within one year of submission of the form to the central
registry;
(2) Delivered to:
NH DCYF Central Registry
129 Pleasant Street, Thayer Building
Concord, NH
03301; and
(3)
Accompanied by a postage paid self-addressed envelope unless alternative
arrangements have been agreed upon by the requestor and the department.
(m) Any request submitted to the department that is not
completed as required in (a)-(h) above shall be returned as follows:
(1) Any
request that is submitted to the department with incomplete, invalid, or
illegible information shall be returned to the submitting entity without being
checked against the central registry;
(2) Any
request identifying a third-party agency to receive the results that does not
meet the requirements of RSA 169-C:35, II, RSA 170-B:18, RSA 170-E:7, RSA
170-E:29, RSA 170-G:8-c, or RSA 463:5 shall not be sent the results of the
central registry check; and
(3) Any
materials, including but not limited to payments or incomplete forms and
requests shall be returned to the submitting entity.
Source. #10692, eff 10-14-14; ss by #14249, eff 5-10-25, EXPIRES: 5-10-35
He-C 6430.08 Expungement.
(a) Any individual whose name is
listed on the central registry who wishes to have their name removed from the
central registry shall petition the New Hampshire circuit court of jurisdiction
to have their name expunged from the central registry.
(b) Any petition brought forward shall be completed and filed as
follows:
(1) No petition to expunge shall
be brought within one year from the date that the petitioner’s name was
eligible to be entered on the central registry pursuant to RSA 169-C:35, V;
(2) The petition shall be filed with
the circuit court that heard the initial petition for child abuse or neglect or
could have heard the petition;
(3) The petition shall be filed
on official and current New Hampshire
judicial branch form “Petition to Expunge (Remove)” (NHJB-2135-DF), inclusive
of a completed, applicable “Criminal Record Release Authorization” form as
identified in Saf-C 5703, Table 5700-1 as required by the “Petition to Expunge”
as an attachment;
(4) The petitioner shall identify on
the petition any and all founded reports the petitioner wishes to have
expunged; and
(5) The petition shall include any
information the petitioner deems relevant.
(c) The petitioner shall acknowledge that through the submission of
their petition, they authorize provision of any further information relevant to the petition to the court, from the
district office that made the founded determination, including but not limited
to any additional founded reports of child abuse or neglect.
(d) The department shall adhere to any order of the court received
by the department pursuant to RSA 169-C:35.
(e) Court orders in (d) above shall be mailed to the
following address:
NH DCYF Central Registry
129 Pleasant Street, Thayer Building
Concord, NH
03301
(f) Upon the receipt of a copy of the court order
granting a petition to expunge, the department shall remove the individual’s
name from the central registry.
(g) Pursuant to RSA 169-C:35, V,
if the petition is denied, no further petition shall be brought more frequently
than every 3 years thereafter.
Source. #10692, eff 10-14-14 (from He-C
6430.05); ss by #14249, eff 5-10-25, EXPIRES: 5-10-35 (formerly He-C 6430.07)
PART He-C 6438 ADOPTION
SUBSIDIES
He-C 6438.01 Scope.
These rules shall apply to adoptions through the division for children
youth and families and adoptions by other public or private licensed child
placing agencies licensed in accordance with RSA 170-E:24 for the adoption of a
child who is legally free for adoption and determined to be hard-to-place where
the adoptive family has the capability of providing the permanent family
relationships needed by such a child in all areas except financial.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.02 Definitions.
(a) “Department (DHHS) means the New Hampshire department of
health and human services.
(b) “Division for children,
youth and families (DCYF)” means the division for children, youth, and
families, an organizational unit in the department of health and human
services.
(c) “Child placing agency
(CPA)” means a child-placing agency as defined in RSA 170-E: 25, IV.
(d) “Hard-to-place child” means
“hard-to-place-child” as defined in RSA 170-F:2,III, namely a child in or
likely to be placed in a foster home who is found by the commissioner to be
legally free for, but difficult to place in, adoption because of physical or other reasons including, but not
limited to:
(1) Physical or mental
disability;
(2) Emotional disturbance;
(3) Ethnic background;
(4) Language;
(5) Race;
(6) Color;
(7) Age; or
(8) Sibling grouping.
(e) “Legally free” means a
status of a child whose parents’ legal rights have been surrendered or
terminated by the probate or family court of jurisdiction.
(f) “Legally liable county”
means the county in which the court making the order for services related to
abused or neglected children, children in need of services, or delinquent
children is located.
(g) “Special needs” means
needs that are associated with the determination that the child is hard-to-
place.
(h) “Title IV-E” means the
federal funding source for adoption assistance under Public Law 96-272,
amended title IV, part E, federal payments for foster care and
adoption.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.03 Eligibility
Requirements for Children and Adoptive Families.
(a) For the child to be
eligible for an adoption subsidy all of the following conditions shall apply:
(1) The child shall be
under 18 years of age;
(2) The child shall be
legally free for adoption or in the process of being legally freed for
adoption; and
(3) The child has been
deemed hard-to-place in accordance with He-C 6438.02(d).
(b) A
prospective adoptive family shall meet the following conditions to qualify for
an adoption subsidy:
(1) The adoptive couple or
individual shall have an approved adoptive home in accordance with RSA 170-B
and RSA 170-F; and
(2) The adoptive home shall
be under consideration for a specific child before acceptance of the adoptive
parents’ application for a subsidy.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.04 Determination of Amount of Subsidy.
(a) The amount of the subsidy payment shall be
determined through discussion and negotiation between the adoptive
parents and a representative of DCYF based upon the needs of the child in
accordance with RSA 170-F:7 and the circumstances of the family, such as:
(1) Insufficient income;
(2) High medical debts;
(3) High college debts; or
(4) High costs related to other
children in the family.
(a) The payment agreed upon by the adoptive
parents and a representative of DCYF shall be combined with the adoptive
parents’ resources to cover the daily living needs and special needs of the
child, projected over an extended period of time, and the anticipated needs,
such as:
(1) Child care;
(2) Respite; or
(3) Medical expenses.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.05 Application
for Subsidy.
(a) The CPA shall
complete the child’s application for subsidy form as provided by the
department.
(b) The prospective adoptive parents shall complete the adoptive
family’s application for subsidy form as provided by the department.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.06 Types of
Subsidies.
(a) A special services subsidy shall:
(1) Be a one-time payment
for an anticipated expense or group of expenses related to the child’s special
needs; and
(2) Be approved by DCYF
only for expenses that are not covered by the adopting family’s medical
insurance, medicaid, or other public or voluntary
community services grant does not cover the cost of services for which the
subsidy is being sought.
(b) A time-limited subsidy shall:
(1) Be available to meet
the specified needs of a child for a specified period, which shall end prior to
the child reaching the age of 18; and
(2) Only be approved if the
adopting family’s medical insurance, medicaid, or
other public or voluntary community services grant does not cover the cost of
service programs funded in accordance with RSA 170-G:4, XVI.
(c) A long-term subsidy shall:
(1) Be issued in monthly
payments to help the adoptive family meet the child’s needs for an indefinite
period or until the child is 18 years of age; and
(2) Only be approved if the
adopting family’s medical insurance, medicaid, or
other public or voluntary community services grant does not cover the cost of
services for which the subsidy is being sought.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.07 Amount of Subsidy.
(a) The amount of subsidy provided shall be the minimum amount needed to enable
the family to meet the needs of the child.
(b) In accordance with RSA
170-F:8, the maximum amount of a long-term, time-limited or special services
subsidy shall not exceed the rate for the corresponding age of the child if the
child had continued in specialized foster care.
(c) Special services
subsidy shall be limited to the payment rate for services in the community
where the service is provided.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.08 Adoption
Subsidy Agreement.
(a) The adoption subsidy
agreement shall be completed for each child who has been approved for adoption
subsidy, on a form provided by the department.
(b) If the child is
receiving supplemental security income (SSI), the adoption subsidy agreement
shall reflect the SSI or social security administration (SSA) amount
anticipated after the adoption is finalized.
(c) The adoption subsidy
agreement shall:
(1) Be in effect prior to
the date of entry of the final decree of adoption by the court; and
(2) Begin after the
adoption subsidy agreement has been signed by all parties.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.09 Annual
Review.
(a) The continued need for
a subsidy shall be reviewed annually by DCYF.
(b) The adoptive parents shall complete the
adoptive subsidy annual review on a form provided by the department
(c) If an adjustment is
made, the adoptive parents shall sign a new adoption subsidy agreement in
accordance with He-C 6438.08.
(d) If the adjustment to an
adoption subsidy is a decrease, the adoptive parents shall be given a 30 day
written notice prior to a decrease in adoption subsidy payments.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.10 Reporting
Responsibilities.
(a) The adoptive parents
shall immediately notify the adoption program specialist in writing when
changes in the family occur.
(b) Changes to be reported
shall include:
(1) That the adoptive
parents are no longer legally responsible for the support of the child or are
no longer supporting the child;
(2) Changes in the child’s
or family’s circumstances affecting the continued need for payments or
services, including:
a. Medical needs or
expenses;
b. Marital status;
c. Child is no longer in
the home;
d. Household composition;
or
e. Other major changes in
the family; and
(3) The address or
telephone number of the family.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.11 Special
Reviews.
(a) A special review of the
adoption subsidy shall be completed within 30 calendar days of one of the
following:
(1) Notification that the
child is no longer living in the family’s home;
(2) Notification of a
change in the marital status of the adoptive parents; or
(3) A request by any party
involved in the adoption subsidy.
(b) A request for a special
review shall be made in writing and include the reasons for requesting the
review.
(c) Documentation of the
parents’ continued legal, financial, and medical responsibility shall be
required to determine the continued receipt of a subsidy and the amount of the
subsidy, pursuant to He-C 6438.03 (a).
(d) The adoptive parents
shall be notified by DCYF in writing of the results of the special review.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.12 Terminations
of Adoption Subsidy.
(a) An adoption subsidy
agreement shall be terminated upon 30 days written notice for any of the
following reasons:
(1) If the adoptive parents
request that the subsidy be discontinued;
(2) If it is mutually
agreed by the parents and DCYF that the subsidy is no longer needed;
(3) If the child has
attained the age of 18;
(4) If the adoptive parents
are no longer legally responsible for support of the child; or
(5) If the adoptive parents
are no longer providing any support to the child.
(b) A terminated subsidy
shall be restored if the reasons for the termination no longer exist.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.13 Applications
from NH Child Placing Agencies.
(a) Applications for an
adoption subsidy shall be accepted from any NH licensed child-placing adoption
agency having a hard-to-place child.
(b) Applications from other
agencies shall be processed in the same manner as referrals from DCYF.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.14 Payment of
Subsidy Out-of-State.
(a) Adoptive families who
move out of state shall continue to be eligible for adoption subsidy payments
and medical coverage if:
(1) The child and family’s
eligibility requirements continue as described in He-C 6438.03; and
(2) The adoptive parents
apply for medicaid on behalf of eligible children in
the state to which they move.
(b) Children supported by
an adoption subsidy through the non-title-IV-E funding shall continue to be
eligible for NH medicaid.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.15 Title XX Eligibility. As long as funding is available, the child
shall be eligible for title XX social services without regard to income, both
during the adoption process and after the adoption is final.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.16 Title IV-B
Eligibility. As long as funding is
available, the child and the adoptive family shall be eligible for any needed
title IV-B services without regard to income, both during the adoption process
and after the adoption is final.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.17 Reimbursement
to the State of New Hampshire.
(a) Adoptive parents shall
be excluded from the reimbursement for expenses of services, placements, and
programs, pursuant to RSA 169-C:27, VIII, RSA 169-B:40, VIII, and RSA 169-D:29,
VIII.
(b) For adoptive parents convicted of a crime of
sexual or physical abuse of the adopted child or who misappropriate adoption
subsidy funds, the offending adoptive parent shall be responsible for payment
of those services, placements, and programs provided after the adoption.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
He-C 6438.18 Appeals. The adoptive parent may appeal any decision
made on eligibility or on a review or termination of the subsidy through the
department’s hearings process, as described in He-C 200.
Source. #8837, eff 3-8-07, EXPIRED:
3-8-15
PART He-C 6443 RESIDENTIAL
PLACEMENT OF EDUCATIONALLY DISABLED CHILDREN - EXPIRED
He-C 6443.01 -
He-C 6443.10
Source. #2849, eff 9-21-84, EXPIRED: 9-21-90
New. #6688, eff 2-18-98, EXPIRED: 2-18-06
PARTS He-C 6444
and He-C 6445 - RESERVED
PART He-C
6446 FOSTER FAMILY CARE LICENSING
REQUIREMENTS
He-C 6446.01 Scope.
The foster family care licensing requirements in He-C 6446 shall apply
to applicants, licensed foster parents, household members of the licensed home,
child care agencies, child-placing agencies, and licensing agencies.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15; ss by #13056, eff 6-16-20
He-C 6446.02 Purpose. Foster family care licensing requirements set
a foundation for what environmental and personal factors are necessary to
assure the safety, permanency, and well-being of a child who has been removed
from his or her parent(s). Children enter foster family care as a result of
circumstances to which they have been exposed. The foster family care licensing
requirements support the safety, permanency, and well-being of children by
screening and providing support to foster family care applicants to reduce the
risk a child being exposed to circumstances that might further trauma
experienced by the child. The foster family care licensing requirements support
the responsibilities and abilities of a foster parent to provide the child with
the most family-like experience and inclusion in normal childhood activities to
help him or her reach to his or her fullest potential.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15; ss by #13056, eff 6-16-20
He-C 6446.03 Definitions.
(a)
“Applicant” means a person who is applying or has applied for a foster
family care license or permit.
(b)
“Case manager” means the employee of the child-placing agency who is
responsible for the management of the child in care.
(c)
“Case plan” means the written plan developed by the staff of the
division for children, youth and families (DCYF) with the involved family,
pursuant to RSA 170-G:4, III, 42 U.S.C. 671, and 42 U.S.C. 675.
(d)
“Central registry” means the state registry of child abuse and neglect
reports maintained by the department pursuant to RSA 169-C:35.
(e)
“Child” means:
(1) “Child” as defined in RSA
170-E:25, I, namely “any person under 21 years of age.” The term includes
“youth”; or
(2) For the purposes of
compliance with RSA 126-U, “child” as defined in RSA 126-U:1, I, namely, “a
person who has not reached the age of 18 years and who is not under adult
criminal prosecution or sentence of actual incarceration resulting therefrom,
either due to having reached the age of 17 years or due to the completion of
proceedings for transfer to the adult criminal justice system under RSA
169-B:24, RSA 169-B:25, or RSA 169-B:26. ‘Child’ also includes a person in
actual attendance at a school who is less than 22 years of age and who has not
received a high school diploma.” The term includes “youth.”
(f) “Child care agency” means “child care agency”
as defined in RSA 170-E:25, II, namely “any person, corporation, partnership,
voluntary association or other organization either established for profit or
otherwise, who regularly receives for care one or more children, unrelated to
the operator of the agency, apart from the parents, in any facility as defined
in RSA 170-E and maintained for the care of children.”
(g) “Child in care” means a child who is placed
in a foster family home.
(h) “Child-placing agency” means “child-placing
agency” as defined in RSA 170-E:25, IV, namely “any firm, corporation or
association which:
(1) Receives any child for the purpose of
providing services related to arranging for the placement of children in a
foster family home, group home, or child care institution; or
(2) Receives any child for the purpose of
providing services related to arranging for the placement of children in
adoption.”
(i) “Child protective
service worker (CPSW)” means an employee of DCYF who has expertise in managing
cases to ensure families and children achieve safety, permanency, and
well-being referred to the department
pursuant to RSA 169-C, RSA 170-B, RSA 170-C, and RSA 463.
(j) “Criminal records” means records of criminal
convictions maintained by or accessible through the New Hampshire state police,
or the equivalent authority within another state.
(k) “Department” means the New Hampshire
department of health and human services.
(l) “Division for
children, youth and families (DCYF)” means the organizational unit of the
department that provides services to children and youth referred by courts
pursuant to RSA 169-A, RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C,
RSA 170-H, and RSA 463.
(m) “Foster family home” means “foster family
home” as defined in RSA 170-E:25, II(a)(1), namely, “child care in a residence
in which family care and training are provided on a regular basis for no more
than 6 unrelated children, unless all the children are of common parentage. The
maximum of 6 children includes the children living in the home and children
received for child care who are related to the residents.”
(n) “Foster parent” means an individual who has a
license or permit for foster family care.
(o) “Health care” means medical, dental, and
psychiatric diagnostic and treatment services.
(p) “Home study” means the written assessment and
evaluation of the foster family home and the household conducted as part of the
application process.
(q) “Home visit” means announced or unannounced
meetings with the foster family in the foster family home.
(r) “Household member” means any individual who
resides in the foster family home or might reside there during any time that
there is a child in care.
(s) “Initial license” means the first license
issued for foster family care.
(t) “In-service training” means competency-based
courses in child care, child development, and other related topics that are
required of foster parents pursuant to He-C 6446.20.
(u) “Juvenile probation and parole officer
(JPPO)” means an employee of DCYF who exercises the powers and duties
established by RSA 170-G:16, and supervises paroled delinquents pursuant to RSA
170-H.
(v) “License” means an authorization to operate a
foster family home as defined in RSA 170-E:25, II(a), in accordance with RSA
170-E, and the foster family care licensing requirements in He-C 6446.
(w)
“Licensing agency” means DCYF or a child-placing agency as defined in
(h)(1) above which is licensed in accordance with He-C 6448.
(x)
“Order to comply” means a written citation provided by the licensing
agency to a foster family care provider that identifies a violation of the
rules and requires a corrective action plan to correct the violation within a
specified timeframe.
(y) “Parent” means “parent” as defined in RSA
169-C:3, XXI, namely “mother”, “father”, or “adoptive parent”, but such term
shall not include a parent as to whom the parent-child relationship has been
terminated by judicial decree or voluntary relinquishment.”
(z) “Permit” means a temporary authorization to
operate a foster family home as defined in RSA 170-E:25, II(a), for a period
not to exceed 6 months in accordance with RSA 170-E and He-C 6446 upon
completion of the necessary licensing inspections, per RSA 170-E:31, V.
(aa) “Perpetrator” means a person against whom a
finding of abuse or neglect has been made.
(ab) “Pre-licensing training” means the
educational programs for applicants provided by the licensing agency in
accordance with He-C 6446.12.
(ac) “Reasonable
and prudent parent standard” means the federal standard pursuant to 42.U.S.C
675(10)(A) of the Social Security Act
characterized by careful and sensible parental decisions made by a
caregiver for a child in foster care, that maintain the health, safety, and
best interests of the child or youth while encouraging normalcy and the
emotional and developmental growth of the child through participation in
extracurricular, enrichment, cultural, and social activities.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.02); ss by #13056, eff 6-16-20
He-C 6446.04 Requirements for Applicants for a Foster
Family Care License.
(a)
Any person, regardless of race, sex, religion, ethnicity, marital
status, sexual orientation, national origin, or physical or mental disability,
may apply for a foster family care license.
(b)
The applicant, or at least one applicant if more than one person is
applying together, shall:
(1) Be a legal resident of the state of New
Hampshire;
(2) Be at least 21 years of age as of the date of
the application;
(3) Have sufficient income to make timely payments for shelter, food,
utility costs, clothing, and other household expenses prior to the addition of
a child or children in care;
(4) Be able to communicate with the child, DCYF,
and health care providers and service providers;
(5) Have a high school diploma or its equivalent;
(6) Have functional literacy, such as having the
ability to read medication labels; and
(7) If the applicant will transport children in
care, show proof of:
a. Possession of a valid New Hampshire driver’s
license;
b. Possession of an automobile that has a
current and valid state inspection; and
c. Possession of automobile liability insurance.
(c)
A full application shall be submitted by the applicant as described in
He-C 6446.06 or a full renewal application as described in He-C 6446.15.
(d)
Prior to the issuance of a license, the applicant and all household
members shall:
(1) Reside in a home that complies with the
foster home requirements set forth in He-C 6446.09;
(2) Meet with representatives of the licensing
agency as required by He-C 6446.10;
(3) Participate in the preparation of the home
study as required in He-C 6446.11; and
(4) Complete pre-licensing training as required
by He-C 6446.12.
(e)
The applicant and all household members 18 years of age or older shall
not have been convicted of a felony or other crime as described in He-C
6446.28(b)(1)-(3).
(f)
Through compliance with the requirements of He-C 6446.04 and He-C
6446.06 – 6446.12, prior to the issuance of a license, each applicant shall
demonstrate his or her ability to:
(1) Provide a child in care with a safe,
nurturing, and stable family environment, which is free from abuse and neglect;
(2) Provide for the basic needs of a child in
care, including those for food, clothing, shelter, and supervision;
(3) Assure, in conjunction with the child-placing
agency, that a child in care receives routine and emergency medical and dental
care, and mental health care;
(4) Honor and uphold the foster care children's
bill of rights codified in RSA 170-G:20-21;
(5) Promote the physical, mental, educational,
and emotional development of a child in care;
(6) Show respect for the linguistic, ethnic,
spiritual, and cultural background of a child in care;
(7) Accept the relationships of a child in care
with his or her parents, family members, DCYF, the licensing agency, and other
individuals identified by the child and family as being a supportive and
positive resource for the child through a relative, social, educational, or
community relationship;
(8) Assist a child in care in handling stressful
situations and trauma frequently associated with placement in foster care,
including:
a. Removal from the parents’ home;
b. Placement in a new home environment;
c. Visitation with parents and siblings; and
d. Return to the parents’ home or placement in
other substitute care;
(9) Manage the stressful situations that might
develop in the foster home or with the foster family, as the result of the
placement of a child in care;
(10) Accept the temporary nature of foster family
care and the likelihood that the child in care will, pursuant to the child’s
case plan, return to his or her parent(s) or be placed in a permanent
placement;
(11) Work cooperatively with DCYF or the
child-placing agency in implementing the case plan for the child in care;
(12) Respect the legal rights and responsibilities
of the parents of the child in care;
(13) Complete the pre-license training required by
He-C 6446.12;
(14) Complete the in-service training required by
He-C 6446.20 for the applicant’s foster family care license renewal, as
applicable;
(15) Discipline a child in care in a safe,
non-threatening, and instructive manner that complies with He-C 6446.22; and
(15) Demonstrate
freedom from physical, mental, or emotional illness that would substantially
impair the applicant’s ability to comply with the requirements of He-C 6446 for
the care of children in care.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.03); ss by #13056, eff 6-16-20
He-C 6446.05 Requirements for Issuance of a Foster
Family Care Permit.
(a)
The department shall issue a permit to any person pursuing a license for
foster family care whose services have been identified as needed by the
department, while the applicant is completing the licensing requirements,
pursuant to RSA 170-E:31, V. The permit shall not exceed 6 months.
(b)
The following shall be completed and submitted prior to the issuance of
a permit:
(1) The Form 1720 “Fire Department Inspection –
One and Two Family Dwelling” (June 2020 edition) or Form 1720A “Fire Department
Inspection – Apartment Building” (June 2020 edition) as applicable, identified
in He-C 6446.09(f);
(2) The Form 1721 “Home Health Inspection” (June
2020 edition) identified in He-C 6446.09(g);
(3) Criminal record checks as described in He-C
6446.07, for each household member as appropriate based on age, such that:
a. A criminal records search is completed with
state and local law enforcement agencies, if 18 years of age or older;
b. A Federal Bureau of Investigations
fingerprint record check, if 18 years of age or older;
c. A review of any history of involvement with
the local law enforcement agency where the applicant resides; and
d. A review of the New Hampshire department of
safety’s division of state police “Registration of Criminal Offenders” for each
household member, regardless of age; and
(4) A central registry check as specified in He-C
6446.08 for each household member 18 years of age or older.
(c)
A permit shall be terminated if the department determines that the
permittee has failed to continue to seek full licensure as a foster family care
provider.
(d)
A permit shall be converted to a license upon completion of licensing
requirements identified in He-C 6446.04. The duration of a license issued to a
permittee shall be inclusive of the duration of the permit.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15; ss by #13056, eff 6-16-20
He-C 6446.06 Application for License.
(a)
The applicant shall complete and submit an application packet that
includes the following:
(1) The completed Form 1715 “Application for
Foster Family Care License” (October 2023 edition) acknowledging that:
a. “I/we have
reviewed the Administrative Rule He-C 6446 and will adhere to the rules if I/we
are licensed as a Foster Family Care provider. I/We authorize the NH Division
for Children, Youth and Families (DCYF) to receive the results of the central
registry check, the state registry check, and the out-of-state child abuse and
neglect registry checks.”;
b. “I/We
understand that:
The Division for
Children, Youth and Families examines its child abuse records and the criminal
conviction records of the State Police on Adoptive/Foster Parent applicants
(RSA 170-E:29), or may revoke, or refuse the license of any provider who
furnishes, or makes any misleading, or false statement, or report to the
Division (RSA 170-E:35, V);
All household
members 18 years and older shall be subject to a criminal records search
through the NH state and local police, and through all other states in which
the individual has resided for the preceding 5 years;
All household
members 18 years old or older shall be subject to a Federal Bureau of
Investigation fingerprint record check;
Information shared
about a foster child’s safety, the caregiver’s safety and the appropriateness
of the placement, is confidential (RSA 170-E:49);
Other information
about the child’s family, or the circumstances of the child’s placement, must
also be kept confidential. This information was taken from DCYF care records
and files whose confidentiality is protected by federal law. Federal
regulations (42 CFR, Part 2) prohibit the further sharing of this information
without obtaining the written consent of the individual to whom it pertains, or
as otherwise permitted by federal regulations;
Completion of this
application does not constitute acceptance into the foster care family program.
It is a statement of intention only and may be withdrawn at any time; and
DCYF has the right
to verify information contained in this application.”; and
c. “I/We
understand the above statements and verify that all statements made are true.”
;
(2) The Form 1720 “Fire Department Inspection –
One and Two Family Dwelling” (June 2020 edition) or Form 1720A “Fire Department
Inspection – Apartment Building” (June 2020 edition) as applicable, completed
in accordance with He-C 6446.09(f);
(3) The Form 1721 “Home Health Inspection” (June
2020 edition) completed in accordance with He-C 6446.09(g);
(4) The completed
Form 1717 “Local Law Enforcement Check” (June 2020 edition) and the applicable
Criminal History Record Information form as identified in Table 5700-1 in Saf-C
5703, authorizing the licensing agency to conduct a criminal records check and
local law enforcement check for, the foster parent requesting renewal and all
household members 18 years or older, certifying:
a. “I/We agree to
provide any further information, which may be required in reference to my/our
past record. I/We also authorize and request every person, firm, company,
corporation, governmental agency, court, association or institution having
control of any documents, records or other information pertaining to me/us, to
provide to the Division for Children, Youth and Families or Child-Placing
Agency any such information including documents, records, or files regarding
charges or complaints filed against me/us, formal or informal, pending or
closed or other pertinent data and to permit the Division or any of its agents
to inspect and make copies of such records.”;
b. “I/We hereby
release, discharge, and exonerate the Division for Children, Youth and
Families, its agents and representatives, and any persons so furnishing or
inspection of such documents, records or other information or the investigation
made by or on behalf of the Division for Children, Youth and Families.”; and
c. “I hereby agree
to the release of information to the Division for Children, Youth and Families,
its agents and representatives.”;
(5) Form 2501 “NH Child Abuse and Neglect Central
Registry Name Search Authorization Release of Information to Third Party” (June
2020 edition) completed by the foster parent requesting renewal and all
household members 18 years of age or older authorizing the licensing agency to
conduct a central registry check certifying:
a. “I acknowledge that the results of this
search can only be released to myself or a Child-Placing Agency pursuant to NH
RSA 170-E, the Department of Health and Human Services pursuant to NH RSA
17-G:8-c, or another state’s Child Welfare Agency or Private Adoption Agency
pursuant to NH RSA 169-C:35. I understand and authorize the results of this
search to be provided to the person/agency listed below if in compliance with
the aforementioned laws. Any entity listed below that is not governed under
these laws will not be sent the results.”; and
b. “I authorize the below named agency to
receive the results of my registry check. I understand that the results will
not be sent to me.”; and
(6) For those applicants and household members 18
years of age or older who have lived outside the state of New Hampshire within
the past 5 years of application:
a. The results of a state criminal history
records search for each state resided in, as required by He-C 6446.07; and
b. The results of the child abuse and neglect
registries for each state resided in, as required by He-C 6446.08.
(b)
Each applicant shall provide the following autobiographical information:
(1) A description of the applicant’s physical and
mental health;
(2) A brief history of the applicant’s childhood
and family background including identification of family members, noting those
family members with whom the applicant had a close relationship, and a
description of the interactions between family members;
(3) A description of the methods of discipline
used in the applicant’s family;
(4) The applicant’s childhood memories of
enjoyable periods of time, events, and positive relationships;
(5) The applicant’s present contacts with family
members;
(6) The educational background, including highest
degree attained, and areas of training and expertise;
(7) The employment history for the last 5 years;
(8) A description of the applicant’s marital
status and history, including previous marriages and divorces, if applicable;
(9) A description of the applicant’s experience,
if any, caring for children with special needs;
(10) A description of criminal convictions and
domestic violence petitions or restraining orders, if any;
(11) A description of the foster home and the
neighborhood where the applicant(s) resides;
(12) A description of life in the applicant foster
home, including the routine for housekeeping chores, and identification of any
pets in the home, if applicable;
(13) A description of the way in which the members
of the applicant foster family:
a. Solve problems;
b. Settle disputes;
c. Show love and affection;
d. Show anger;
e. Show sadness; and
f. Share household chores;
(14) A description of the family activities of the
applicant foster family;
(15) A description of the expectations, hopes, and
fears of the applicant foster family; and
(16) The applicant’s history of parenting other
people’s children.
(c) Each additional adult caregiver
residing in the foster home shall provide the following autobiographical
information:
(1) A description of the adult caregiver’s
physical and mental health;
(2) A brief history of the adult caregiver’s
childhood and family background including identification of family members,
noting those family members with whom the applicant had a close relationship,
and a description of the interactions between family members;
(3) A description of the methods of discipline
used in the adult caregiver’s family;
(4) The adult caregiver’s childhood memories of
enjoyable periods of time, events, and positive relationships;
(5) The adult caregiver’s present contacts with
family members;
(6) The educational background, including highest
degree attained, and areas of training and expertise;
(7) The employment history for the last 5 years;
(8) A description of the adult caregiver’s
marital status and history, including previous marriages and divorces, if
applicable;
(9) A description of the adult caregiver’s
experience, if any, caring for children with special needs;
(10) A description of criminal convictions and
domestic violence petitions or restraining orders, if any;
(11) A description of the applicant foster home
and the neighborhood where the adult caregiver resides;
(12) A description of life in the applicant foster
home, including the routine for housekeeping chores, and identification of any
pets in the home, if applicable;
(13) A description of the way in which the members
of the applicant foster family:
a. Solve problems;
b. Settle disputes;
c. Show love and affection;
d. Show anger;
e. Show sadness; and
f. Share household chores;
(14) A description of the family activities of the
applicant foster family;
(15) A description of the expectations, hopes, and
fears of the applicant foster family; and
(16) The adult caregiver’s history of parenting
other people’s children.
(d)
An application shall be deemed complete upon submission of the
application packet in (a) above, the autobiographical information in (b) and
(c) above, and the following:
(1) Form 1722
“Medical Information Statement” (October 2023 edition) completed in 2 parts,
the first by the applicant or household member and the second by a physician,
physician assistant, or nurse practitioner, for each applicant and each
household member, and submitted by the completing physician, physician’s
assistant, or nurse practitioner to include:
a. Section 1,
signed and dated by the applicant, household member, or authorized legal
representative with the following acknowledgements:
“By signing below,
I authorize the following named healthcare provider to release my PHI listed
below and any other information required by the assessment and evaluation and
findings requested on this form, specifically the disclosure of any PHI that
may be specified in Section 2 of this form, to the above named licensing agency
and the department of health and human services, division for children, youth
and families. I understand I am not
required to sign this form, however, if I do not sign, the healthcare provider
will not share my PHI included in the medical evaluation and assessment, and
the licensing agency will not be able to process my application.” and
“I understand that
the department of health and human services, division for children, youth and
families, and the licensing agency may use the disclosed information to the
extent permitted by state and federal law and may no longer be protected by the
HIPAA federal privacy rule (45 CFR Part 164.508(c)). I understand I can revoke my permission at
any time by writing to the licensing agency.
This authorization will expire 2 years from the date I sign below.”; and
b. A copy of the
child’s immunization record;
(2) Form 1728
“Pre-Adoptive and Foster Family Care Financial Statement” (June 2020 edition);
(3) The names and
contact information for 5 references, in accordance with the following:
a. Each reference shall be a person who has
known the applicant(s) for more than one year;
b. Of the 5 references, no more than one shall
be from a person related to the applicant(s) by blood or marriage;
c. All 5 references shall be positive in order
to constitute a complete application for licensure; and
d. All references received shall become a
permanent part of the foster home record and as such shall be transferred to
another child-placing agency if applicable;
(4) For any foster home in which the applicant is
not the homeowner, a letter of good standing shall be obtained and submitted
from the proprietor of the property or his or her designee;
(5) Completed home visits in accordance with He-C
6446.10;
(6) A completed home study as described in He-C
6446.11; and
(7) Proof of completion of pre-licensing training
in accordance with He-C 6446.12.
(e) Upon receipt of the information requested in
(a)-(d) above, the department shall review, notify, approve, or deny the
application in accordance with RSA 541-A:29.
(f) If the information provided on the “Medical
Information Statement” is incomplete or contradictory to other information
provided by the applicant and the applicant is unable to provide information to
resolve the conflict, the licensing agency shall require that the applicant or
household member obtain a medical or psychological evaluation.
(g)
Upon the request of the licensing agency, the applicant shall provide
additional information and references if more information is required to assess
the character and abilities of the applicant.
(h)
A licensing agency that is not DCYF shall use the forms described in
this section, except that they may alter the forms by adding the agency’s name,
logo, and contact information.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.04); ss by #13056, eff 6-16-20
(formerly He-C 6446.07); ss by #13790, eff 10-21-23
He-C 6446.07 Criminal Records Check.
(a)
The applicant and all household members 18 years old or older shall be
subject to a criminal records search through the New Hampshire state and local
police, and through all other states in which the individual has resided for
the preceding 5 years.
(b)
The applicant(s) and all household members 18 years old or older shall
be subject to a Federal Bureau of Investigation fingerprint record check.
(c)
The applicant shall submit a completed Form 1717 “Local Law Enforcement
Check” (June 2020 edition) for the applicant and all household members,
authorizing a review of any history of involvement with the local law
enforcement agency where the applicant and all household members reside.
(d)
The applicant and all household members shall be subject to a review of
the New Hampshire department of safety’s division of state police “Registration
of Criminal Offenders” by accessing the URL “http://business.nh.gov/nsor/ (complete demographic fields; click search)”,
regardless of age.
(e)
The licensing agency shall examine and consider all documentation and
reports received through (a)-(d) above regarding any involvement, convictions,
or both of an applicant or household member for its impact on licensure in
accordance with He-C 6446.28(b).
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss #8663, eff 6-16-06; ss
by #10788, eff 2-21-15 (from He-C 6446.05); ss by #13056, eff 6-16-20 (formerly
He-C 6446.08)
He-C 6446.08 Abuse and Neglect Registry Check.
(a)
The applicant and all household members 18 years of age or older shall
complete and submit Form 2501 “NH Child Abuse and Neglect Central Registry Name
Search Authorization Release of Information to Third Party” (June 2020 edition)
to DCYF to conduct the central registry check.
(b)
Those applicants and household members 18 years of age or older who have
lived outside the state of New Hampshire within the past 5 years of application
shall be subject to a child abuse and neglect registry check in each state they
have resided in the past 5 years.
(c)
The licensing agency shall receive the results of the central registry
check, and the out-of-state child abuse and neglect registry checks as
applicable.
(d)
A licensing agency shall request the applicant to provide further
information regarding a positive registry match to review any implications of
the information with the applicant and determine its impact on licensure in
accordance with He-C 6446.28(a).
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.06); ss by #13056, eff 6-16-20(formerly
He-C 6446.09)
He-C 6446.09 Foster Home Requirements for the Physical
Environment.
(a)
The foster home shall be constructed, arranged, maintained, and
furnished to provide for the health and safety of household members and all
children in care.
(b)
The foster home shall:
(1) Include a minimum of one indoor bathroom for
every 8 persons in the household, which includes:
a. A toilet;
b. A sink;
c. A bathtub or shower; and
d. A door equipped with a latch for privacy;
(2) Include at least one phone available in the
home for incoming and outgoing calls, that is made accessible to the child in
care for personal calls;
(3) Provide for the privacy for all household
members and children in care;
(4) Provide a separate bed for each child in
care;
(5) Prohibit any household member from
co-sleeping or bed sharing with any child;
(6) Include a bedroom separate from adults for
each child in care who is older than one year;
(7) Provide a bedroom separate from children of
the opposite gender who are over age 5;
(8) Provide adequate bedding for each child in
care;
(9) Provide space for clothing and personal
possessions;
(10) Provide a barrier-free access to the home and
inside the home for each child in care who has physical and medical needs, as
applicable; and
(11) Provide basic first aid supplies including at
a minimum bandages and antiseptic cleanser.
(c)
At the time of the first home visit the applicant shall inform the
licensing agency if the applicant or other household member possesses any
weapons or firearms.
(d)
If the applicant or any household member possesses any weapons or
firearms, the following safeguards shall be made:
(1) All weapons and firearms in the foster home
shall be kept in a locked cabinet, storage container, or be secured with
trigger locks;
(2) Ammunition, projectiles such as arrows, and
attachments such as bayonets kept in the foster home shall be stored and locked
separately from the weapon or firearm; and
(3) All weapons and firearms shall be secured and
inaccessible when carried in a vehicle operated by a foster parent or other
household member in which children in care are transported.
(e)
If the applicant has a swimming pool, the applicant shall maintain a life saving device such as a ring buoy in proximity of the
swimming pool.
(f)
The applicant shall have a fire inspection of the home conducted, as
follows:
(1) The applicant shall arrange for the fire
inspection of the home with the local fire inspector;
(2) The applicant shall complete the top section
of Form 1720 “Fire Department Inspection – One and Two Family Dwelling” (June
2020 edition) if the applicant lives in a building with no more than 2
individual dwellings or Form 1720A “Fire Department Inspection – Apartment
Building” (June 2020 edition) if the applicant lives in a building with 3 or
more individual dwellings, to include date, district office information, and
foster family residence and contact information; and
(3) Upon conducting the inspection, the fire
inspector shall complete the rest of Form 1720 or Form 1720A, as applicable,
and send a copy to the district office indicated on the form.
(g)
The applicant shall have a home health inspection of the home conducted,
as follows:
(1) The applicant shall arrange for the health
inspection of the home with the local health officer;
(2) The applicant shall complete the top section
of Form 1721 “Home Health Inspection” (June 2020 edition) to include date,
district office information, and foster family residence and contact
information, and shall sign the form; and
(3) Upon conducting the inspection, the local
health officer shall complete the rest of Form 1721 and send a copy to the
district office indicated on the form.
(h) The applicant shall complete and submit to
the district office Form 1723 “Insurance and Safety Verification” (June 2020
edition) certifying the following:
(1) Under the
safety information:
a. “I agree to
keep all firearms or dangerous weapons in the home stored in a locked container
inaccessible to foster children.”;
b. “I agree to
keep all vehicles in a safe running condition.”;
c. “I agree that
any person transporting foster children will have a valid driver’s license.”;
and
d. “I agree to
keep the home heating system(s) at the above noted address properly installed,
and in good and safe operating condition.”; and
(2) “By signing below, I certify that if my
insurance (homeowners, renter’s, or automobile) expires that I will renew it
without a lapse in coverage. I also certify that if my driver’s license,
automobile registration, or automobile inspection expired that I will renew it
without a lapse.”
(i) The applicant shall have a written emergency
evacuation plan reviewed with all household members and posted in a prominent
location in the home.
(j)
The applicant shall have a comprehensive list of emergency telephone
numbers, including poison control posted in a prominent location in the home.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.07); ss by #13056, eff 6-16-20
(formerly He-C 6446.10)
He-C 6446.10 Home Visits.
(a)
The applicant and all household members shall meet in the foster home
with representatives of the licensing agency at least once prior to the
issuance of a permit and at least twice prior to the issuance of a license for
a sufficient amount of time to allow representatives of the licensing agency to
evaluate the foster home and assess the abilities of the applicant.
(b)
The applicant or licensee shall admit representatives of the licensing
agency into the foster home for all visits, including, but not limited to,
annual monitoring visits and complaint investigations.
(c)
The licensee shall admit representatives of the child-placing agency
into the foster home for all visits and supervision of any child placed in the
home.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.08); ss by #13056, eff 6-16-20
(formerly He-C 6446.11)
He-C 6446.11 Home Study. The applicant and all household members shall
cooperate with the licensing agency during the home study and family assessment
process.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.09); ss by #13056, eff 6-16-20
(formerly He-C 6446.12)
He-C 6446.12 Pre-Licensing Training.
(a)
Prior to the issuance of an initial license, the applicant shall attend
in its entirety pre-licensing training required by DCYF as described in (b)
below, except as allowed in (c) and (d) below.
(b)
The pre-licensing training referenced in (a) above shall consist of a
total of at least 30 hours of training, which includes, but is not limited to:
(1) An orientation to the foster care system;
(2) A review of the laws and regulations
pertaining to foster care;
(3) The impact of trauma on child growth and
development;
(4) Understanding grief and loss;
(5) Maintaining family connections, including
with birth parents;
(6) The guidance and positive discipline of
children;
(7) Implementation of the reasonable and prudent
parent standards;
(8) The impact of sexual abuse and maintaining a
safe environment;
(9) First aid and cardiopulmonary resuscitation
(CPR); and
(10) Medication administration.
(c)
An applicant who has held a valid foster family care license within the
past 4 years in New Hampshire shall be exempt from completing the pre-licensing
training in (b) above on those topics for which the curriculum has not changed
since the applicant last completed the training.
(d)
An applicant who has held a valid foster family care license within the
past 4 years in any other state shall be exempt from completing the
pre-licensing training in (b) above on those topics for which the applicant
demonstrates completion of training on a curriculum with like competencies.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.10); ); ss by #13056, eff 6-16-20 (formerly He-C 6446.13)
He-C 6446.13 Submission of Applications by Employees of
Licensing Agencies.
(a) Persons employed by DCYF who wish to obtain a
license shall apply to a child-placing agency other than DCYF that is licensed
to issue foster family home licenses.
(b) Persons employed by a child-placing agency
who wish to obtain a license shall apply to DCYF or a child-placing agency
other than the agency where the person is employed, that is licensed to issue
foster family home licenses.
(c) Upon issuance of the license, the licensing
agency shall be responsible for the supervision and monitoring of the licensed
foster family home.
(d) Supervision of the child’s placement shall be
provided by a child-placing agency or district office other than where the
staff are employed.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.11); ss by #13056, eff 6-16-20
(formerly He-C 6446.14)
He-C 6446.14 License and Permit Requirements.
(a)
A license or permit for foster family care shall be issued for a
specific number, age range, and gender of children in care.
(b)
The foster family care license or the foster family care permit shall
include the following information:
(1) The first and last names of the foster
parents;
(2) The physical address of the foster parents;
(3) The period of the license or permit;
(4) The age range of the children in care who are
authorized to be placed in the foster home;
(5) The total number of children in care who are
authorized to be placed in the foster home;
(6) The total number of male children in care who
are authorized to be placed in the foster home;
(7) The total number of female children in care
who are authorized to be placed in the foster home;
(8) The date of issuance; and
(9) The signature of the director of DCYF.
(c)
A foster family home with 2 licensed foster parents shall provide care
and supervision to no more than 6 children under the age of 21, inclusive of:
(1) The total number of children in care placed
in the foster home;
(2) The number of foster family’s birth and
adopted children;
(3) Children in respite care; and
(4) The number of other children residing in the
foster home on a regular, 24-hour basis.
(d)
A foster family home with one licensed foster parent shall provide care
and supervision to no more than 4 children under the age of 21, inclusive of:
(1) The total of the number of children in care
placed in the foster home;
(2) The number of the foster family’s birth and
adopted children;
(3) Children in respite care; and
(4) The number of other children residing in the
foster home on a regular, 24-hour basis.
(e)
Exceptions to (c) and (d) above shall be made in accordance with RSA
170-E:25, II(a)(2), if the foster family is willing and able to take a sibling
or a group of siblings of a child already in their care, and the department has
concluded that the foster family is able to provide for the safety, permanency,
and well-being of the child or children.
(f)
The foster family care provider shall provide care and supervision for
no more than 2 children in care at any one time who are under the age of 2
years, unless the children are related by blood or marriage.
(g)
Each foster parent providing care shall be a full-time resident of the
foster home.
(h) Each foster parent and household member shall
meet the physical health eligibility criteria set by the U.S Department of
Health and Human Services, Administration on Children Youth and Families,
“National Model Foster Family Home Licensing Standards” (February 2019)
available at https://www.acf.hhs.gov/sites/default/files/documents/cb/im1901.pdf
, as noted in Appendix A, as follows:
(1) For any foster parent seeking to provide care
to a child under 6 years old, or a child with special medical needs, all
children who are household members shall be up to date on immunizations
consistent with the number of immunization doses, dosage, route of
administration, spacing, and age recommendations of the American Academy of
Pediatrics (AAP), the Advisory Committee on Immunization Practices of the
Centers for Disease Control and Prevention (ACIP), and the American Academy of
Family Physicians (AAFP), with the exception of vaccines used for the
prevention of COVID-19, unless an exemption for the immunization has been
received pursuant to RSA 141-C:20-c;
(2) All adult household members who will be
caregivers of infants shall be up-to-date for pertussis (whooping cough)
vaccine, unless the immunization is contrary to the individual’s health as
documented by a licensed health care professional; and
(3) All adult household members who will be
caregivers of infants and children with special medical needs shall be
up-to-date for an annual influenza vaccine, unless the immunization is contrary
to the individual’s health as documented by a licensed health care
professional.
(i) For any foster
parent seeking to provide care to a child age 6 and over, unless a child who is
a household member has received an exemption from the vaccination requirement
pursuant to RSA 141-C:20-c, all children shall be up to date on immunizations
consistent with He-P 301.14 (b)(1)-(6).
(j) No additional immunizations shall be required
for any children who are household members of a foster home other than
immunizations that are required for other school age children in this state.
(k)
Special medical needs of a child in care shall be determined by the
child in care’s physician licensed under RSA 329.
(l)
A permit for family foster care shall be valid for a period up to 6
months from the date issued.
(m)
A license for family foster care shall be valid for a period of up to 2
years from the date issued, however, the expiration date shall not be later
than 2 years from the date of the fire inspection report, the criminal history
records checks, or the abuse and neglect registry checks, whichever is
earliest.
(n)
A permit for foster family care shall be subject to conditions
established by the department that are necessary to promote the health and
safety of the child in care.
(o)
A foster parent with valid licensure to provide child day care service
shall be approved to provide child day care services for children in care only
when the ratio of children in care to other children receiving child day care
service in the home is at least one to one.
(p)
The foster family care licensee shall maintain the applicant
requirements outlined in He-C 6446.04.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.12); ss by #13056, eff 6-16-20
(formerly He-C 6446.15); ss by #13790, eff 10-21-23
He-C 6446.15 Renewal of a Foster Family Care License.
(a)
Pursuant to RSA 170-E:32, a foster parent shall file for renewal of the
license 3 months prior to the expiration date of the license.
(b)
A renewal packet shall be submitted including the following:
(1) An updated Form 1715 “Application for Foster
Family Care License” (October 2023 edition);
(2) Form 1720 “Fire Department Inspection – One
and Two Family Dwelling” (June 2020 edition) or Form 1720A “Fire Department
Inspection – Apartment Building” (June 2020 edition) as applicable, completed
in accordance with He-C 6446.09(f);
(3) A completed Form 1717 “Local Law Enforcement
Check” (June 2020 edition) and the applicable Criminal History Record
Information form as identified in Table 5700-1 in Saf-C 5703, authorizing the
licensing agency to conduct a criminal records check and local law enforcement
check for:
a. The foster parent requesting renewal; and
b. All household members 18 years or older;
(4) A completed Form 2501 “NH Child Abuse and
Neglect Central Registry Name Search Authorization Release of Information to
Third Party” (June 2020 edition) authorization for the licensing agency to
conduct a central registry check for:
a. The foster parent requesting renewal; and
b. All household members 18 years or older; and
(5) For those applicants and household members 18
years of age or older who have lived outside the state of New Hampshire within
the past 5 years of application:
a. The results of a state criminal history
records search for each state resided in, as required by He-C 6446.07; and
b. The results of the child abuse and neglect
registries for each state resided in, as required by He-C 6446.08.
(c) A renewal application shall be
complete upon submission of the renewal packet in (b) above and the following:
(1) An updated Form 1722 “Medical Information
Statement” (October 2023 edition) for each applicant and each household member,
completed in 2 parts, the first by the applicant or household member and the
second and submitted by the applicant’s or household member’s physician, physician assistant, or nurse
practitioner, as described in He-C 6446.06(d)(1);
(2) An updated Form 1728 “Pre-Adoptive and Foster
Family Care Financial Statement” (June 2020 edition) described in He-C
6446.06(g);
(3) An updated Form 1723 “Insurance and Safety
Verification” (June 2020 edition) described in He-C 6446.09(h);
(4) A list of in-service trainings completed
since the date the license was issued, including:
a. The title of the training;
b. The sponsor of the training;
c. The date of the training; and
d. The number of hours for each training; and
(5) An updated
home study as described in He-C 6446.11.
(d)
Upon the request of the licensing agency, additional information shall
be provided if more information is required to assess the character and
abilities of the applicant.
(e)
The licensing agency shall review the materials provided pursuant to
(b)-(d) above and:
(1) Submit the names, or applicable forms, of the
individuals identified in (b)(3) above to:
a. The local law enforcement agency for each
location lived during the current licensure period for the presence of any
history of involvement; and
b. The New Hampshire state police to conduct a
criminal records check;
(2) Submit the appropriate completed forms of the
individuals identified in (b)(4) above to DCYF to conduct a central registry
check;
(3) Review of the New Hampshire department of
safety’s division of state police “Registration of Criminal Offenders” for each
household member, regardless of age;
(4) Conduct a home
visit as described in He-C 6446.10; and
(5) Complete a written assessment of the foster
parent’s compliance with the requirements of RSA 170-E and He-C 6446 during the
current period of licensure.
(f)
If the foster parent seeking license renewal has maintained compliance
with the requirements in He-C 6446 and presents a set of qualifications that,
taken as a whole, affirmatively shows a commitment to the purposes of foster
family care, as established in He-C 6446.02, and to the “Foster Care Children’s
Bill of Rights” in RSA 170-G:20-21, the licensing agency shall recommend
renewal of the license by the department.
(g)
If the foster parent seeking license renewal has not met the
requirements in (f) above, the licensing agency shall recommend denial of the
license by the department.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.13); ss by
#13056, eff 6-16-20 (formerly He-C 6446.16); ss by #13790, eff 10-21-23
He-C 6446.16 Requirements for the Care and Supervision
of Children in Care.
(a)
Foster parents shall provide each child in care with:
(1) Nutritionally well-balanced meals to meet
dietary needs;
(2) Clothing individually selected, fitted, and
appropriate to the season;
(3) The opportunity to share with other household
members in taking responsibility for household chores appropriate to the
child's age, health, and ability; and
(4) The opportunity for age and developmentally
appropriate leisure time activities, socialization, and for the development of
special interests and abilities, such as arts, crafts, music, and sports,
consistent with the reasonable and prudent parent standards.
(b)
Foster parents shall be responsible for the care of the child’s
possessions received with a child in care or purchased for the child while in
care, to include but not limited to assistive medical devices, clothing, books,
and photographs. Foster parents shall return all belongings of a child who was
in their care to the child or the child’s parent or guardian within 7 days of
the child leaving the foster parent’s care.
(c)
Foster parents shall use the reasonable and prudent parent standard
pursuant to RSA 170-G:20 to make normal daily decisions in the life of the
child and grant permission for participation in family, school, community,
cultural, and social leisure time activities.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00 ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.14); ss by
#13056, eff 6-16-20 (formerly He-C 6446.17)
He-C 6446.17 Case Planning for Children in Care.
(a)
Foster parents shall have the opportunity to participate in the
development of the case plan for children in care.
(b)
Foster parents shall implement his or her portion of the case plan for
the child in care and work cooperatively with DCYF staff, the parents of the
child in care, and service providers when implementing the case plan for the
child.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15; ss by #13056, eff 6-16-20 (formerly He-C 6446.18)
He-C 6446.18 Education for Children in Care.
(a)
Each foster parent shall work cooperatively with the licensing agency,
the parents of the child in care, and the public school in providing for the
education of the child in care.
(b)
Each foster parent shall assist in implementing the individual education
plan for a child in care who has been identified as educationally disabled.
(c)
Each foster parent shall ensure that the child in care attends his or
her educational program and encourage him or her to achieve his or her highest
educational potential including college, vocational training, and career
development.
(d)
Each foster parent shall instruct each child in care about age and
developmentally appropriate life skills, including:
(1) Family roles;
(2) Sex education;
(3) Consumer education;
(4)
Money management; and
(5) Higher education or career planning.
(e)
Each foster parent shall ensure that a child in care who is 16 years or
older has the opportunity to participate in the DCYF teen independent living
program.
(f)
Using the reasonable and prudent parent standard as defined in He-C
6446.03(ac), each foster parent shall allow and encourage the child in care to
participate in school related activities and events based on their age,
ability, and development if there are no existing safety concerns for the
child’s inclusion and the activity is otherwise not prohibited by the case plan
or court order.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.16); ss by #13056, eff 6-16-20
(formerly He-C 6446.19)
He-C 6446.19 Health Care for Children in Care.
(a)
Each foster parent shall cooperate in arranging for health care for a
child in care and shall ensure that the prescribed program of immunizations is
followed.
(b)
Each foster parent shall ensure that any prescribed medications,
assistive devices, or both, are properly maintained for the exclusive use of
the child in care for which prescribed.
(c)
Each foster parent shall maintain a record of the physical and mental
health care visits of a child in care, which shall include:
(1) The dates of visits and treatment;
(2) The reasons for the visits referenced in (1)
above;
(3) The names of health care providers seen;
(4) Health care services received; and
(5) Medications prescribed and the physician’s
instructions.
(d)
Upon request, a foster parent shall make available health care
information on the child in care to the licensing agency.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.17); ss by #13056, eff 6-16-20
(formerly He-C 6446.20)
He-C 6446.20 In-Service Training Requirements.
(a)
Each foster parent shall complete a minimum of 16 hours of competency
based in-service training during the 2-year licensing period, which shall be
provided through direct face-to-face training, online or web-based training
programs, video presentations, or workbook or other printed material, all of
which shall be related to foster care, adoption, or the specific needs of a
child placed in the home.
(b)
The in-service training referenced in (a) above shall:
(1) Be recommended and pre-approved by the
licensing agency in accordance with an individualized training plan;
(2) Be offered in units of training that are a
minimum of one hour in duration; and
(3) Offer skill and competency building to foster
parents to meet the needs of the child(ren) in care and the identified needs of
the foster family to include topics such as:
a. Child growth and development;
b. Foster family management including household
organization, setting standards, and stress management;
c. Family systems and trauma-informed practices;
d. Normalcy for children and youth in care;
e. Special education; and
f. Specialized medical care.
(c)
If the foster parent was not required to train in the reasonable and
prudent parent standard for their initial license, this training topic shall be
completed prior to their next renewal application.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.18); ss by #13056, eff 6-16-20
(formerly He-C 6446.21)
He-C 6446.21 Religion and Culture.
(a)
Foster parents shall respect and encourage the linguistic, ethnic,
religious, spiritual, and cultural background of the child in care and of the
child’s family.
(b)
Foster parents shall cooperatively support the child in care in
maintaining his or her linguistic, ethnic, religious, spiritual, and cultural
connections.
Source. #7184, INTERIM, eff 12-28-99, EXPIRED:
4-26-00
New. #7321, eff 7-22-00; ss by #8663, eff
6-16-06; ss by #10788, eff 2-21-15 (from He-C 6446.19); ss by #13056, eff
6-16-20 (formerly He-C 6446.22)
He-C 6446.22 Requirements Regarding Discipline of
Children in Care.
(a)
Foster parents, adult household members, and other individuals who
provide care in the foster home shall administer discipline only in a
constructive way, which is individualized to meet the needs, development, and
experiences of the child.
(b)
The following practices shall be prohibited for children in care:
(1) Child abuse as defined in RSA 169-C:3, II;
(2) The use of seclusion and restraint, except as
allowed by RSA 126-U;
(3) Derogatory remarks or statements that
humiliate, ridicule, or intimidate;
(4) Deprivation of food, meals, mail, or family
contact;
(5) Threats of alternate placements;
(6) Corporal punishment, which means the
infliction of bodily suffering or pain that is intended to prevent or chastise
a child’s misconduct, including the use of spanking;
(7) Mechanical and non-prescription chemical
restraint;
(8) Intentional misuse of prescribed medications
as chemical restraints;
(9) Involuntary seclusion or isolation such that
there is no ability to visually or audibly supervise the safety of the child or
the child has no means of evacuation, which might include the modification of
the environment to restrict egress or the use of criminal restraints;
(10) Assignment of physically strenuous or
dangerous exercise or work as a punishment; and
(11) Verbal or
physical punishment for bed-wetting or negative actions related to toilet
training.
Source. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.20); ss by #13056, eff 6-16-20 (formerly He-C 6446.23)
He-C 6446.23 Visits and Contacts with the Child in Care.
(a)
Upon request by DCYF, a foster parent shall meet with the family of the
child in care and the case manager to develop a mutually agreed upon schedule
and plan for visits and contacts.
(b)
This schedule and plan for visits and contacts shall include contacts
with the family and with other individuals in accordance with the child’s case
plan and any court orders.
(c)
Foster parents shall maintain the mutually agreed upon schedule and plan
for visits and contacts which may include weekends and holidays.
(d) Foster parents shall make efforts to obtain
the input and consensus from the parent or legal guardian when making decisions
around high risk or extended activities, even when using a reasonable and
prudent parent standard.
Source. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.21); ss by #13056, eff 6-16-20
(formerly He-C 6446.24)
He-C 6446.24 Record Keeping and Confidentiality.
(a)
A foster parent shall maintain a file for each child in care, including
the following information and documentation:
(1) The child’s name and birth date;
(2) Date of the placement in the foster home;
(3) Copies of the case plans;
(4) Copies of Form 1552 “Child/Youth Information
Sheet” (June 2020 edition), and Form 1643A ”Getting to Know Me - Infant/Toddler
(0-3 Years Old)” (June 2020 edition), Form 1643B “Getting to Know Me - School-Aged Child (4-10 Years Old)” (June
2020 edition), or Form 1643C “Getting to Know Me – Youth (11-18 Years Old)”
(June 2020 edition), previously completed by the child’s parent or previous
foster parent as provided by DCYF;
(5) Documents from schools, doctors, and other
agencies providing services to the child in care;
(6) Dates and outcomes of school conferences;
(7) A record of the child’s health care visits
and other medical documentation as required in He-C 6446.19;
(8) Legal documents and personal papers and
documentation concerning the child;
(9) Highlights of
a child's participation in extracurricular, enrichment, cultural, and social
activities; and
(10) Reports of
any use of restraint or seclusion per RSA 126-U:7-a.
(b)
The file referenced in (a) above shall be kept in a secure place in the
foster home to preserve confidentiality.
(c)
The foster parent shall review and update the information on Form 1552 “Child/Youth Information Sheet” (June 2020
edition), previously completed by the child’s parent and given to the foster
parent at the time of placement, for each child in care every 6 months and when
the child leaves the foster home, and submit the updated form to the
case manager. Attachments to the forms may be
used to supplement the information required.
(d)
The foster parent shall update the following age applicable form for
each child in care when they reunify or transfer to an alternative placement:
(1) Form 1643A “Getting to Know Me -
Infant/Toddler (0-3 Years Old)” (June 2020 edition) for children ages birth
through 3 years old;
(2) Form 1643B
“Getting to Know Me - School-Aged Child (4-10 Years Old)” (June 2020 edition)
for children ages 4 through 10 years old; or
(3) Form 1643C
“Getting to Know Me – Youth (11-18 Years Old)” (June 2020 edition) for children
ages 11 to 18 years old.
(e)
Legal documents and personal papers concerning the child shall be given
to DCYF when the child leaves the foster family’s care.
(f)
All identifying information, whether written, oral, imagery, or
electronic, concerning the child in care, family of the child in care, or the
circumstances of the child’s situation shall be kept confidential.
(g)
Information about the safety of a child in care, the foster parents’
safety, and the appropriateness of the placement shall also be confidential.
(h)
If a situation requires disclosure of confidential information, written
consent of the parent and DCYF shall be obtained prior to disclosure.
Source. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.22); ss by #13056, eff 6-16-20
(formerly He-C 6446.25)
He-C 6446.25 Mandatory Changes to Report .
(a)
A foster parent shall notify the licensing agency when he or she is
aware prior to changes in any of the following:
(1) The foster parent’s residential or mailing
address;
(2) The foster parent’s home telephone or cell
phone number;
(3) The foster parent’s marital status;
(4) The foster parent’s employment status;
(5) The household composition;
(6) The physical structure of the foster home,
which affects the safety of the residents, such as:
a. Structural repairs;
b. The installation of a wood stove;
c. The removal of a furnace or other heating
source; or
d. The addition of a pool, pond, or other body
of water;
(7) Any household member’s involvement with DCYF
services, including post-adoption services or services under RSA 169-B or RSA
169-D; and
(8) Any circumstances which might violate the
licensing requirements in He-C 6446.
(b)
When it is not possible for a foster parent to provide prior notice to
the licensing agency, the foster parent shall notify the licensing agency
within one week of the occurrence of any of the following:
(1) Changes listed in (a) above;
(2) A change in the mental, emotional, or
physical health of any member of the household; and
(3) Any contact with federal, state, or local law
enforcement personnel.
(c)
A foster parent shall notify the licensing agency prior to accepting a
placement of a child directly from a child’s parent or guardian, another
child-placing agency, or from another office of the licensing agency.
(d)
If a foster parent changes the location of his or her residence, in
addition to the notice required in (a) or (b) above, the foster parent shall,
within 4 weeks of the change in residence, complete and submit, or have
submitted, the following to the licensing agency:
(1) The Form 1715 “Application for Foster Family
Care License,” as described in He-C 6446.06(a);
(2) The Form 1720 “Fire Department Inspection –
One and Two Family Dwelling” or Form 1720A “Fire Department Inspection –
Apartment Building” as applicable, as described in He-C 6446.09(f); and
(3) The Form 1721 “Home Health Inspection,” as
described in He-C 6446.09(g).
(e)
A foster parent shall immediately notify the licensing agency, in the
event of:
(1) The death of a child in care;
(2) Serious illness or injury to a child in care;
(3) The child’s unauthorized absence from the
foster home; or
(4) The unplanned child care arrangements for a
child in care if the arrangements are to care for the child in excess of 24
hours.
(f)
In cases involving serious injury or death to a child subject to
restraint or seclusion, the foster parent shall notify the commissioner of the
department of health and human services, the attorney general, and the state's
Disabilities Rights Center pursuant to RSA 126-U:10.
(g)
A foster parent shall provide the licensing agency at least 2 weeks
written notice prior to the date the foster parent is requesting the removal of
the child in care from the foster home.
(h)
The information provided to the licensing agency in accordance with (a)
through (f) above shall be reviewed by the licensing agency for its impact on
the compliance by the foster parent with the requirements of He-C 6446.
Source. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.23); ss by
#13056, eff 6-16-20 (formerly He-C 6446.26)
He-C 6446.26 Orders to Comply and Immediate Removal of
Children In Care.
(a)
The licensing agency shall issue a foster parent a written order to
comply if the foster parent violates the foster family care licensing
requirements in He-C 6446 and the violation is not related to the health,
safety, or well-being of the child in care.
(b)
The written order to comply shall:
(1) Specify each violation of He-C 6446;
(2) Advise that the foster parent has up to a
maximum of 60 days from the date of the corrective action plan in (c) below to
correct the violation(s);
(3) Specify the action that shall be taken with
regard to the license if the foster parent fails to correct the violation(s)
identified in the order to comply; and
(4) Be filed with the department’s foster care
program manager.
(c)
Within 14 days of the date of the order to comply, the licensing agency
and the foster parent shall jointly develop a corrective action plan to correct
the violations.
(d)
The foster parent shall not accept any additional children in care,
children for respite care, or children in a pre-adoptive placement:
(1) After receiving an order to comply as
specified in (c) above and prior to the development of a corrective action
plan; or
(2) During an ongoing investigation of alleged
child abuse or neglect.
(e)
The licensing agency shall offer an opportunity for informal dispute
resolution to any foster parent who disagrees with a violation cited by the
licensing agency on an order to comply, provided that the foster parent submits
a written request for an informal dispute resolution.
(f)
The informal dispute resolution shall be requested in writing, and
copied to DCYF, by the foster parent no later than 14 days from the date the
order to comply was issued by the licensing agency.
(g)
The licensing agency shall review the evidence presented and provide a
written notice to the foster parent of its decision.
(h)
An informal dispute resolution shall not be available for any foster
parent against whom DCYF has initiated action to revoke a license or deny a
renewal license.
(i) If any violations identified pose a present
risk to the health, safety, or well-being of the child in care, the department
shall immediately, and with any court approval required by law, remove the
child in care from the foster home without issuing an order to comply.
(j)
The department shall revoke the license or permit of the foster parents
without issuing an order to comply if:
(1) There is a founded report of child abuse or
neglect for a foster parent;
(2) There is a judicial finding of abuse or
neglect made related to the foster parent; or
(3) A foster parent is convicted of a felony or
other crimes pursuant to He-C 6456.29(b).
Source. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.24); ss by #13056, eff 6-16-20
(formerly He-C 6446.27)
He-C 6446.27 Waivers.
(a)
A written request for a waiver of rules may be submitted to the
department, which includes the following:
(1) The rule for which a waiver is being
requested;
(2) The anticipated length of time the requested
waiver will be needed;
(3) The reason for requesting the waiver;
(4) How the waiver will affect the health and
safety of the child(ren) in care;
(5) A written plan for compliance with the rule,
or a written plan detailing how the foster parent will satisfy the intent of
the rule being waived as an alternative to complying with the rule;
(6) The number and ages of children who will be
affected by the requested waiver; and
(7) The signature of the person requesting the
waiver.
(b)
The department shall not accept any request for a waiver of any of the
provisions of RSA 170-E, or any other rules of other state agencies, which are
referred to in this part.
(c)
The department shall deny a request for a waiver when any of the
following occurs:
(1) The request does not comply with (a) and (b)
above;
(2) The department finds that approval of the
requested waiver will jeopardize the health or safety of the child(ren) in
care;
(3) The department finds that approval of the
requested waiver will impair the foster parent’s ability to adequately care for
the child(ren) in care; or
(4) The department finds that the plan does not
satisfy the intent of the rule as an alternative to complying with the rule.
(d)
The department shall approve a request for a waiver if it determines
that no grounds for denial in (c) above exist for the length of time requested
in (a)(2) above or until the expiration of the license, whichever comes first.
Source. #7321, eff 7-22-00; ss by #8663, eff 6-16-06;
ss by #10788, eff 2-21-15 (from He-C 6446.25); ss by #13056, eff 6-16-20
(formerly He-C 6446.28)
He-C 6446.28 Denials and Revocations.
(a)
In addition to the reasons for denial specified in RSA 170-E:35, the
department shall deny an application for, or revoke a foster family care
license or permit, if the applicant is the subject of a founded report of child
abuse or neglect in New Hampshire or any other state, unless DCYF determines
that the applicant does not pose a present threat to the health, safety, or
well-being of the child(ren) and that the placement is in the best interest of
the child(ren).
(b)
In addition to the reasons for denial specified in RSA 170-E:35 and in
(a) above, the department shall deny an initial or renewal application for a
foster family care license or permit if the applicant or household member 18
years of age or older:
(1) Has been convicted of a felony for child
abuse or neglect, spousal abuse, any crime against children, child pornography,
rape, sexual assault, or homicide, but not including other physical assault or
battery in accordance with 42 USC 671 (a)(20)(A)(i);
(2) Has been convicted of a felony for physical
assault, battery, or a drug-related offense, and that felony conviction was
committed within the past 5 years in accordance with 42 USC 671 (a)(20)(A)(ii);
or
(3) Has been convicted of a violent or
sexually-related crime against a child or of a crime which shows that the
person might be reasonably expected to pose a threat to a child, such as a
violent crime or a sexually-related crime against an adult, pursuant to RSA
170-E:29, III.
(c)
In addition to the reasons for denial specified in RSA 170-E:35 and in
(a) and (b) above, the department shall deny an initial or renewal application
for a foster family care license or permit if the applicant:
(1) Has a motor vehicle record or is the subject
of a report from another source, including a local law enforcement agency,
which, following assessment, shows that the applicant or household member might
reasonably be expected to pose a threat of harm to a child;
(2) Does not fully comply with the foster family
care licensing requirements in He-C 6446;
(3) Knowingly furnishes or makes false or
misleading statements or information, or omits information in statements or
submissions to the licensing agency;
(4) Had a foster family care license or permit
revoked; or
(5) From the information provided pursuant to
He-C 6446.04 – 6446.12, presents a set of qualifications which, DCYF
determines, when taken as a whole, does not reflect and support the purposes of
foster family care, as established in He-C 6446.02, and the “Foster Care Children’s Bill of Rights”
codified in RSA 170-G:20-21 .
(d)
In addition to the reasons set forth in (b) and (c) above and in RSA
170-E:35, the department shall revoke a license or permit for foster family
care if a foster parent:
(1) Violates the provisions of the license or
permit;
(2) Refuses to submit or make available the
written reports required in these rules for licensing or re-licensing in
accordance with He-C 6446.04 – 6446.12;
(3) Refuses or does not submit to a child abuse
and neglect report investigation;
(4) Refuses or does not admit authorized
personnel for the purpose of a child abuse and neglect report investigation,
home assessment, or pre-arranged visit;
(5) Does not provide and maintain a safe and
sanitary home in accordance with RSA 170-E:35 and He-C 6446.09;
(6) Does not maintain resources adequate for the
care of the child in care in accordance with He-C 6446.04 and He-C 6446.16;
(7) Substantially or repeatedly fails to work
cooperatively with DCYF staff, the parents of a child in care, or service
providers in implementing the child's case plans and permanency goals in
accordance with He-C 6446.17;
(8) Interferes with the reunification or
transition of the child in care into an alternative setting;
(9) Makes unfounded derogatory statements with
malicious intent about DCYF staff, child-placing agency staff, the family of
the child in care, other foster parents, or service providers; or
(10) From the information provided pursuant to
He-C 6446.04 – 6446.12 or conduct pursuant to He-C 6446.16 – 6446.25, presents
a set of qualifications which, DCYF determines, when taken as a whole, does not
reflect and support the purposes of foster family care, as established in He-C
6446.02, and the “Foster Care Children’s Bill of Rights” codified in RSA
170-G:20-21.
(e)
In addition to the reasons set forth in (b) and (c) above, the
department shall revoke a license or permit if violations identified are not
corrected within 60 days of the date of the corrective action plan in He-C
6446.26(c).
(f)
When the department revokes or denies an initial or renewal license to
operate a foster family home, denies or revokes a permit, or denies a waiver
request, the department shall, pursuant to RSA 170-E:36, I, send to the
applicant, licensee, or permittee, by registered mail, a notice which sets
forth the particular reasons for the determination.
(g)
Pursuant to RSA 170-E:36, I, the denial or revocation shall become final
10 days after receipt of the notice unless the applicant, licensee, or
permittee requests a hearing under He-C 6446.29.
Source. #7321, eff 7-22-00; ss by #8663, eff 6-16-0606;
ss by #10788, eff 2-21-15 (from He-C 6446.26); ss by
#13056, eff 6-16-20 (formerly He-C 6446.29)
He C 6446.29 Appeals.
(a)
Administrative appeals of department decisions to revoke or deny an
initial or renewal license, deny or revoke a permit, or modify a license or
permit shall be conducted in accordance with RSA 170-E:37, RSA 541-A, He-C 200,
and this section.
(b)
Appeal requests shall be filed within 10 days of the date of the notice
of action.
(c)
Parties to any administrative hearing who are aggrieved by the decision
of the departmental hearings officer may request a reconsideration in
accordance with He-C 206, or may file an appeal of the decision with the
superior court, in accordance with the provisions of RSA 170-E:37.
(d)
Parties who are aggrieved by the decision of the hearings officer to
deny the request for a reconsideration, or with the hearings officer’s decision
after a rehearing has been conducted, may appeal the decision to the superior
court, in accordance with the provisions of RSA 170-E:37.
Source. #10788, eff
2-21-15 (from He-C 6446.28); ss by #13056, eff 6-16-20 (formerly He-C 6446.30)
PART
He-C 6447 KINSHIP CARE HOME LICENSING STANDARDS
He-C
6447.01 Purpose. The purpose of
this part is to establish:
(a) Minimum standards of character,
qualifications, mental and physical ability, and competence required of
applicants and household members necessary for the safety, permanency, and
well-being of children who have been removed from their parents or guardians
and placed with kin;
(b)
Minimum standards for the physical environments of kinship care homes
for safety, environmental health, and adequacy of the homes to provide for the
physical comfort, health, and well-being of children received for care;
(c)
Uniform standard procedures for kinship care home applicants to submit
applications for permitting, licensure, and renewal licensure;
(d)
Uniform procedures for the department to process submitted applications;
(e)
Uniform responsibilities and obligations for permit holders and
licensees;
(f)
Uniform procedures for denials of applications for permitting,
licensure, and renewal of licensure; and
(g) Uniform procedures for revocations of permits
and licenses issued under this part.
Source. #14390, eff
9-24-25, EXPIRES: 9-24-35
He-C 6447.02 Scope and Applicability. The kinship care home requirements in part
He-C 6447 shall apply to applicants, household members, kinship care homes as
defined in RSA 170-E:25, II(g)(1), permitted or licensed kinship care home
caregivers, the department of health and human services (department), and
licensing agencies who perform kinship care home permitting and licensing
functions on behalf of the department. This part shall not apply to a parent or
individual made exempt from kinship care home permitting or licensure by law.
Source. #14390, eff
9-24-25, EXPIRES: 9-24-35
He-C 6447.03 Definitions.
(a) “Adult household member” means an individual,
age 18 years or older, who resides either full or part-time in the home, and
who does not have a license or permit to operate a kinship care home.
(b)
“Applicant” means an individual who is applying for a kinship care home
permit or license.
(c)
“Case plan” means the written plan developed by the staff of the
division for children, youth and families (DCYF) with the involved family,
pursuant to RSA 170-G:4, III, 42 USC 671, and 42 USC 675.
(d)
“Central registry” means the state registry that maintains all founded
reports of child abuse and neglect, pursuant to RSA 169-C:35 and He-C 6430.
(e)
“Child in care” means:
(1) A child who is placed or might be placed in a
kinship care home by the department. This term includes “child” in the
following circumstances:
a. “Child” as defined in RSA 170-E:25, I, namely
“any person under 21 years of age, or up to the age of a child with a
disability as defined in RSA 186-C:2, I and is receiving special education or
special education and related services as identified by the child's school
district”. The term includes “youth”; or
b. For the purposes of compliance with RSA
126-U:7-a, “child” as defined in RSA 126-U:1, I, namely, “a person who has not
reached the age of 18 years and who is not under adult criminal prosecution or
sentence of actual incarceration resulting therefrom, either due to having
reached the age of 18 years or due to the completion of proceedings for
transfer to the adult criminal justice system under RSA 169-B:24, RSA 169-B:25,
or RSA 169-B:26. The term also includes a person in actual attendance at a
school who is less than 22 years of age and who has not received a high school
diploma.”
(f)
“Criminal records” means records of criminal convictions maintained by
or accessible through the New Hampshire state police or the equivalent
authority within another state.
(g)
“Department” means the New Hampshire department of health and human
services.
(h)
“DCYF representative” means an employee of the department’s division for
children, youth, and families who has training and experience in managing
matters of child protection or juvenile justice cases referred to the
department pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C,
and RSA 463.
(i) “Division for children, youth and families
(DCYF)” means the organizational unit of the department that provides services
to children and youth referred by courts pursuant to RSA 169-A, RSA 169-B, RSA
169-C, RSA 169-D, RSA 170-B, RSA 170-C, RSA 170-H, and RSA 463.
(j)
“Health care” means medical, dental, and
psychiatric diagnostic and treatment services.
(k)
“Home study” means the evaluation and written assessment of the kinship
care home, the applicant, and all household members which is conducted as part
of the application process, and includes a determination of the suitability of
the applicant and home for the child’s placement.
(l)
“Home visit” means an announced or unannounced meeting with the
applicant or kinship care home caregiver in the applicant’s or kinship
caregiver’s home.
(m)
“Household member” means “household member” as defined by RSA 169-C:3,
XIV-a, namely, “any person living with the parent, guardian, or custodian of
the child from time to time or on a regular basis, who is involved occasionally
or regularly with the care of the child.”
(n)
“Interstate Compact on the Placement of Children (ICPC)” means the
federally approved agreement between all states which governs the placement of
children in care across state lines to ensure the safety and stability of those
children, as codified in RSA 170-A, and available at https://aphsa.org/icpc-resources/.
(o)
“Kin” means “kin” as defined in RSA 170-E:25, VIII, namely, “a child or
children who for which there is a connection or history between a child or
their parents and another responsible adult, including but not limited to
related adults.”
(p)
“Kinship care home” means “kinship care home” as defined in RSA
170-E:25, II(g)(1).
(q)
“Kinship care home caregiver” means an individual who possesses a valid
kinship care home permit or license and who is authorized to operate a kinship
care home. This term includes “kinship caregiver”.
(r)
“License” means an authorization to operate a kinship care home in
accordance with the terms and conditions of the license, RSA 170-E, and this
part.
(s)
“Licensee” means an individual who possesses a valid kinship care home
license.
(t)
“Licensing agency” means DCYF or a “child-placing agency” as defined in
RSA 170-E:25, III.
(u)
“Order to comply” means a written citation provided by the licensing
agency to a kinship care home caregiver that identifies a violation of the
administrative rules and requires a corrective action plan to rectify the
violation within a specified timeframe.
(v)
“Parent” means “parent” as defined in RSA 169-C:3, XXI, namely “mother,
father, adoptive parent, stepparent, but such term shall not include a parent
as to whom the parent-child relationship has been terminated by judicial decree
or voluntary relinquishment.”
(w)
“Permit” means a temporary authorization to operate a kinship care home
for a period not to exceed 6 months when temporarily unable to conform to the
qualification for a license, in accordance with the terms and conditions of the
permit, RSA 170-E, and this part.
(x)
“Permit holder” means an individual who possesses a valid kinship care
home permit.
(y)
“Pre-licensing training” means the educational curriculum and programs
for applicants provided by the licensing agency in accordance with He-C
6447.14.
(z)
“Reasonable and prudent parent standard” means the “reasonable and
prudent parent standard” described in RSA 170-G:20 and as defined pursuant to
42 USC 675(10)(A) of the Social Security Act.
(aa)
“Registration
of criminal offenders” means the list of sexual offenders or offenders against
children that is maintained by the New Hampshire department of safety as
specified in Chapter Saf-C 5500 and made publicly available at http://business.nh.gov/nsor/.
(ab)
“Related” means “related” as defined in RSA 170-E:25, XII, namely, “any
of the following relationships by blood, marriage, or adoption: parent,
grandparent, brother, sister, stepparent, stepgrandparent,
stepbrother, stepsister, uncle, aunt, niece, nephew, first cousin or second
cousin.”
(ac)
“Sending agency” means a public agency in another state that retains all
legal and financial responsibility for a child in care who is sent to New
Hampshire pursuant to ICPC Regulation 1, 2, or 7 for placement with a kinship
caregiver.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C
6447.04 Eligibility of Applicants and Household
Members.
(a)
Any person, regardless of race, sex, religion, ethnicity, marital
status, sexual orientation, national origin, or physical or mental disability,
may apply for a child-specific kinship care home permit or license.
(b)
An applicant shall:
(1) Be a legal resident of the state of New
Hampshire;
(2) Be at least 18 years of age as of the date of
the application;
(3) Be a full-time resident of the proposed
kinship care home in the state of New Hampshire;
(4) Be related to the child or have a connection
or history with the child or the child’s parent;
(5) Have the means and supports to make timely
payments for shelter, food, utility costs, clothing, and other household
expenses prior to the addition of a child in care;
(6) Be able to communicate effectively with the
child in care, DCYF representatives, health care providers, and service
providers;
(7) Have functional literacy to read and
understand text including medication labels and any other documentation
necessary for the health, safety, and well-being of the child in care; and
(8) Have access to reliable transportation for
themselves and the child in care.
(c)
Each applicant and all adult household members shall not:
(1) Have been convicted of a felony or other
crime as described in He-C 6447.30(a)(1)-(3);
(2) Be the
subject of a founded report of child abuse or neglect in New Hampshire or any
other state, except as described in He-C 6447.30(b); and
(3) Be the subject of an open case of reported
child abuse or neglect brought pursuant to RSA 169-C, or in another state,
except as described in He-C 6447.30(b).
(d)
Notwithstanding (a)-(c) above, an applicant shall not be eligible for a
permit when the child in care is subject to the ICPC.
(e)
Notwithstanding (a)-(c) above, an applicant shall not be eligible for a
permit or a license when the applicant is an employee of DCYF or other
licensing agency, and the applicant's connection or history with the child in
care or the child’s parent exists only due to the applicant’s interactions with
the child or parent, or both, as part
of the applicant's official duties while employed by DCYF or another licensing
agency.
(f)
The failure to qualify for a kinship care home permit or license under
this part shall not disqualify any individual from applying for licensure
pursuant to He-C 6446 or other provision.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C
6447.05 Requirements for Permit
Applicants and Household Members.
(a)
Provided that an applicant meets the requirements of this section, He-C
6447.04, and He-C 6447.06, the department shall issue a child-specific permit
to an individual who is temporarily unable to meet
the requirements for licensure.
(b)
Denial of a permit under this part shall not automatically result in
denial of a license, should the individual choose to apply for a kinship care
home license under this part.
(c)
Prior to the department issuing a permit, each applicant shall:
(1) Disclose to the licensing agency all history
of involvement with any state’s child protection and juvenile justice services
agencies, and all contact with law enforcement for themselves and all household
members;
(2) Complete and submit Form 1601 “Kinship
Caregiver Agreement” (September 2025). The applicant’s signature shall
establish the applicant’s attestation that:
“I have disclosed any history of
child protection, juvenile justice, and law enforcement contact involving any
member of the household to DCYF or licensing agency.
I understand that additional
record searches and background checks will be required during the home study
process and agree that all household members will be subject to these searches
and checks.
I certify that DCYF or the
licensing agency has observed my home and property and discussed any concerns
with me. I agree to address any issues promptly.
I will provide a loving,
nurturing, and stable home free from abuse and neglect. I agree to provide
discipline only in a safe, non-threatening, and constructive manner. I
understand that physical and corporal punishment, including the use of spanking
is prohibited.
I will take the child(ren) to all
medical and dental appointments and enroll the child(ren) in school (when of
school age) as instructed by DCYF.
I understand that the placement
of the child(ren) may be temporary or long-term; DCYF will assess the parents’
ability to provide for the child(ren)’s needs, and DCYF shall reunite the
child(ren) with the parent(s) when in the best interests of the child(ren) and
when pursuant to a court order.
I understand the primary goal is
the safe reunification of the child(ren) with the parent(s) and agree to work
with DCYF toward this goal of reunification.
I understand that DCYF will work
with the parent(s) to establish a case plan for the child(ren) and that this
plan will be reviewed periodically. I agree to participate in the case plan
when requested.
I understand that DCYF will
establish a visitation plan for the child(ren) to visit with their parent(s)
and sibling(s), if applicable. I agree to collaborate with DCYF to establish
and follow the visitation plan.
I have discussed the safety
concerns and issues about the child(ren)’s parental contact with DCYF, and I
agree to cooperate and follow DCYF’s plan for parent contact. I understand that
I must follow all supervision instructions set by DCYF and the Court for the
child(ren) and their parents, and other parties as applicable.
I agree to cooperate with DCYF,
and all medical, dental, and mental health providers to ensure that the needs
of the child(ren) are met within required timeframes.
I agree to provide age and
developmentally appropriate supervision to the child(ren).
I agree to the following specific supervision
plan, if applicable.
I agree to notify DCYF of any
unusual or unexpected behavior, special needs, educational concerns, medical
needs, or other issues that are influencing or affecting the child(ren)’s
behavior and development. I agree to work collaboratively with DCYF when concerns
are identified.
By signing
below, I attest that the information provided above is true and correct to the
best of my knowledge, and I understand that providing false or misleading
information constitutes grounds for denial or revocation or placement, permit,
or license.
By signing
below, I understand that I must complete and submit Form 2695 “DCYF Alternate
W-9” (September 2025) if I wish to seek certification for payment, pursuant to
He-C 6356, to be eligible to receive compensation for the costs associated with
caring for a child placed in my home.
I further
understand that receiving compensation might impact public benefits available
to me or the child, and I acknowledge that it is my responsibility to review
these benefits to determine whether to seek certification for payment. I
understand that a DCYF Representative cannot provide financial or legal advice
to me.”
(3) Sign the “Home Study Acknowledgement” section
of Form 1601 upon the licensing agency’s completion of the home study, which shall constitute the applicant’s attestation
that they reviewed the completed home study report
and that the information they provided to complete the home study assessment
and report is true and correct to the best of their knowledge;
(4) Complete and submit Form 1606 “Kinship
Caregiver Application” (September 2025). The applicant’s signature shall constitute the applicant’s
authorization and statement of understanding of the requirements contained
within the form as follows:
“I have reviewed the
Administrative Rule Chapter He-C 6447 and will comply with the rules if I am
licensed or permitted. I authorize the NH Division for Children, Youth and
Families (DCYF) to perform searches of the DCYF’s Electronic Information System
for a history of child abuse and neglect reports and findings and the NH
Department of Safety Registration of Criminal Offenders. I further authorize
DCYF to receive the results of out-of-state child abuse and neglect registry
checks.
I attest that the information I
provided on the Kinship Caregiver Agreement (Form 1601) is unchanged, or if
there have been any changes, I have provided updated information to DCYF.
I understand:
DCYF reviews child abuse and
neglect records and the criminal conviction records of the State Police of all
applicants pursuant to RSA 170-E:29 and may revoke or deny any license of any
applicant, permit holder, or licensee who knowingly furnishes or makes
misleading or false statements or reports to DCYF. (RSA 170-E:35, V)
All household members 18 years
and older shall be subject to a criminal records search through the NH state and local police,
and through all other states in which the individual has resided for the
preceding 5 years, as well as a Federal Bureau of Investigation
fingerprint-based criminal record check.
Information shared about a
child’s safety, the caregiver’s safety, and the appropriateness of the
placement is confidential. (RSA 170-E:49)
Information about the child’s
family, or the circumstances of the child’s placement by DCYF, must be kept
confidential. This information is part of the DCYF case record and its
confidentiality is protected by state and federal law. Federal regulations prohibit
the further sharing of this information without obtaining the written consent
of the individual to whom it pertains, or as otherwise permitted by federal
regulations. (42 CFR, Part 2)
Completion and submission of this
application is a statement of intention and may be withdrawn at any time by the
applicant. Completion of this document does not constitute permit issuance or
licensure by the department.
DCYF will verify information
contained in the Kinship Caregiver Agreement (Form 1601).
I understand the statements on
this form and certify that all statements made are true and correct.”
(5) Meet with staff or representatives of the
licensing agency and participate in the home study evaluation as described in He-C 6447.13.
(d)
If an applicant wishes to seek certification for payment from the
department pursuant to He‑C 6356 Certification of Payment Standards for
Kinship Care, the applicant shall complete and submit Form 2695 “DCYF Alternate
W-9” (September 2025).
(e)
To provide for the health, safety, and well-being of a child in care,
each applicant shall demonstrate, through the home study evaluation and other
documentation, their ability to and willingness to:
(1) Manage their own daily living activities,
such as preparing meals, housekeeping, shopping for groceries, and bathing;
(2) Provide a child in care with basic needs,
including but not limited to food, clothing, shelter, and supervision;
(3) Maintain a safe, nurturing, and stable family
environment, which is free from abuse and neglect;
(4) Meet the child’s dietary needs and
accommodate all food allergies and dietary restrictions;
(5) Ensure that the child in care receives
routine and emergency health care and mental health care;
(6) Provide and administer medications, including
prescription medications, as directed by the child’s medical provider(s); and
(7) Access safe and reliable transportation so
that the child attends appointments and activities.
(f)
Each applicant shall demonstrate, through the home study evaluation and
other documentation as requested by the licensing agency, they are free of
physical, mental, or emotional illness which would inhibit their ability to
provide appropriate and adequate care for a child placed in their home.
(g)
If an applicant or any household member possesses any firearms, the
individual shall comply with all applicable federal and state laws related to
the licensing, ownership, carrying, and storage of a firearm, including but not
limited to RSA 159, RSA 650-C:1, and 18 USC 921 et seq.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C
6447.06 Permitted Home Physical
Environment Requirements.
(a)
To provide for the health, safety, and well-being of a child in care,
the physical environment of a permitted kinship care home shall:
(1) Be maintained in a manner and condition which
meets the child’s basic needs;
(2) Provide unobstructed entrances and exits;
(3) Have access to basic utilities which meet the
child’s needs;
(4) Have access to safe water for drinking and
bathing;
(5) Be free from reported and observable health
and sanitation risks and safety hazards;
(6) Have sleeping arrangements that provide each
child in care with their own bed and age-appropriate privacy;
(7) Prohibit co-sleeping and bed sharing with a
child in care from birth through age 12 months old;
(8) Have a working telephone for incoming and
outgoing calls available in the home and made accessible to the child in care
for emergencies and for personal calls as directed by the licensing agency;
(9) Subject to (b) below, have a working smoke
detector with alarm, maintained according to the manufacture’s recommendations,
on each level of the home; and
(10) Subject to (b) below, have a working carbon
monoxide detector with an alarm, maintained according to the manufacturer’s
recommendations, on each level of the home in which there are sleeping areas if
the home has:
a. An attached garage;
b. A wood stove or fireplace; or
c. A gas or propane powered appliance, including
but not limited to a boiler, furnace, stove, clothes dryer, water heater, space
heater, or fireplace.
(b)
In the case of an unplanned or emergency circumstance necessitating
immediate placement of a child in a kinship care home, if the home does not
meet the smoke detector requirement in (a)(9) above or the carbon monoxide
detector in (a)(10) above, or both, the applicant shall develop a plan with the
licensing agency to meet the requirement within 2 business days of such
placement and document the plan for compliance with the licensing agency in the
“safety of placement” comments section on page 5 of Form 1601 “Kinship Caregiver Agreement” (September
2025).
(c)
If there are firearms, ammunition, or weapons in the home or property,
they shall be secured with a gun lock or in a locked cabinet and be
inaccessible to the child in care for the duration the child is placed in the
home.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C
6447.07 Requirements for License
Applicants and Household Members.
(a)
Provided that the applicant meets the requirements of He-C 6447.04
through He-C 6447.06 and this section, the department shall issue a kinship
care home license.
(b)
Prior to the department issuing a license, the applicant and household
members shall participate
in home visits as described in He-C 6447.13 for the completion of the home
study assessment and written evaluation.
(c)
Prior to the department issuing a license, each applicant shall submit:
(1) A completed Form 1717 “Local Law Enforcement
Check” (September 2025) in accordance with He-C 6447.10;
(2) A completed and signed Form 2501 “NH Child
Abuse and Neglect Central Registry Authorization for Name Search and Release of
Information to a Third Party” (May 2025) for themselves and a form completed by
each adult household member, in accordance with He-C 6447.11;
(3) A completed and signed Form
1728 “Pre-Adoptive and Foster Family Care License Financial Statement”
(September 2025) attesting “I certify that my income, assets, and expenses
as stated herein are true to the best of my knowledge and belief. I have
carefully read this financial statement.”;
(4) Three references in accordance with He-C
6447.12;
(5) If applicable to the needs of the child in
care, the applicant’s and each adult household member’s vaccination record in
accordance with He-C 6447.21;
(6) Proof of rabies vaccination for each dog,
cat, and ferret in the home, pursuant to RSA 436:100; and
(7) Proof of caregiver training completed in
accordance with He-C 6447.14.
(d)
Each applicant and all adult household members shall complete the
process established by the New Hampshire department
of safety for requesting a fingerprint-based criminal records check as
described in He-C 6447.10 and required by RSA 170-E:29.
(e)
If the applicant is not the property owner of the home, verification of
good standing shall be obtained from the proprietor or owner of the property
and submitted to the licensing agency.
(f)
If the applicant or any adult household member has lived outside the
state of New Hampshire within the preceding 5 years, they shall submit or cause
to be submitted to the licensing agency:
(1) The results of the state(s) and local
criminal history records search(es) for each state resided within the preceding
5 years pursuant to He-C 6447.10(d); and
(2) The results of the state(s) child abuse and
neglect registries for each state resided within the preceding 5 years pursuant
to He-C 6447.11(b).
(1) Form 1722
shall be completed in 2 parts:
a. The first by
the individual certifying:
“By signing below, I authorize the following named
healthcare provider to release my PHI listed below and any other information
required by the assessment and evaluation and findings requested on this form,
specifically the disclosure of any PHI that may be specified in Section 2 of
this form, to the above named licensing agency and the department of health and
human services, division for children, youth and families. I understand I am not required to sign
this form, however, if I do not sign, the healthcare provider will not share my
PHI included in the medical evaluation and assessment, and the licensing agency
will not be able to process my application.”; and
“I understand that the department of health and human
services, division for children, youth and families, and the licensing agency
may use the disclosed information to the extent permitted by state and federal
law and may no longer be protected by the HIPAA federal privacy rule (45 CFR
Part 164.508(c)). I understand I can revoke my permission at any time by
writing to the licensing agency. This authorization will expire 2 years from
the date I sign below.”; and
b. The second
by a physician, physician assistant, or nurse practitioner who shall then
submit the completed form to DCYF; and
(2) If the
information provided on Form 1722 “Medical Information Statement” ( September
2025) is incomplete, inadequate, or contradictory to other information received
or obtained, and the applicant is unable to provide information to clarify or
resolve the conflict, the licensing agency shall require that the individual
obtain a medical or psychological evaluation, and the written results of the
evaluation shall be submitted to DCYF by the medical professional performing
the evaluation.
(h) When additional
information or documentation is required in addition to the requirements in
(c)-(g) above for the licensing agency to thoroughly assess the
character or abilities of the applicant or adult household member(s) to safely
care for the child, or to fully evaluate the home for suitability of licensure,
the licensing agency shall notify the applicant and
specify the additional information or documentation required, and the applicant
shall submit it within 30 days of notice as a condition of the application
being deemed sufficient and complete for processing.
(i) Upon receipt of the information in (c)-(h)
above, the department shall review and process the complete application in
accordance with RSA 541-A:29.
Source. #14390, eff
9-24-25, EXPIRES: 9-24-35
He-C 6447.08 Requirements for Licensed Home Physical
Environment.
(a)
To provide for the health, safety, and well-being of a child in care, a
physical environment of the licensed kinship care home shall be constructed,
arranged, maintained, and furnished to provide for the health and safety needs
of household members and the child in care.
(b)
In addition to the permit requirements in He-C 6447.06, a licensed
kinship care home shall:
(1) Provide barrier-free access to the home and
inside of the home for the child in care, including if the child has enhanced
physical and medical needs;
(2) Have electricity and lighting to meet the
child’s needs;
(3) Have heating and cooling means that are
appropriate for the geographic region;
(4) Be free from infestation of insects and
rodents;
(5) Maintain cleaning supplies, medicines, and
dangerous chemicals in a manner and location that is inaccessible to the child
in care;
(6) Have sleeping arrangements which provide a
separate bedroom for each child in care unless the licensing agency determines
there is sufficient space and age-appropriate privacy for all household members
when the child in care shares a bedroom;
(7) Provide space for the child in care’s
clothing and personal possessions;
(8) Provide basic first aid supplies with
bandages and antiseptic cleanser;
(9) Have a written emergency evacuation plan
which shall be reviewed by the applicant with all household members and posted
in a prominent location in the home; and
(10) Have a comprehensive list of emergency
telephone numbers, including poison control, posted in a prominent location in
the home.
(c)
If the home or property has a swimming pool, the applicant shall
maintain a lifesaving device such as a ring buoy in proximity of the swimming
pool.
(d)
If an applicant or a household member possesses any weapons or firearms,
the following safeguards shall be made and remain in effect while the child in
care is placed in the home:
(1) All weapons and firearms in the home shall be
kept in a locked cabinet, storage container, or be secured with gun locks, and
inaccessible to the child in care;
(2) All ammunition and projectiles or attachments
kept in the home shall be stored and locked separately from the weapon or
firearm; and
(3) All weapons and firearms shall be secured and
inaccessible to the child:
a. When carried by the applicant or household
member; and
b. When in a vehicle operated by the applicant
or household member in which a child in care is transported.
(e)
Each applicant shall comply with any insurance mandates required by law,
as applicable.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C 6447.09 Licensure Requirements for Interstate
Compact Placement of Children.
(a) Each individual applying for licensure to care for a child who is subject to the Interstate Compact
on the Placement of Children (ICPC) shall meet the requirements of He-C
6447.04 through He-C 6447.08 except He-C 6447.05(c)(2) - (c)(4).
(b) Each applicant shall complete and
submit Form 1586 “ICPC Kinship Caregiver Agreement” (September 2025). The
applicant’s signature on the form shall constitute the applicant’s attestation of the following:
“I have reviewed and will comply with Administrative Rule He-C 6447.
I have disclosed
any history of child protection, juvenile justice, and law enforcement contact
involving any member of the household to New Hampshire Division for Children
Youth and Families (NH DCYF) and the Sending State Agency.
I certify that NH
DCYF staff have observed my home and property and have been given access to
tour all common areas of the property and home, including the child’s sleeping
space. Any concerns or issues found were discussed with me.
I agree to allow
NH DCYF staff into my home for home visits, supervision of this child in care,
investigations, and observation.
I agree to notify
NH DCYF and the Sending State Agency any time there are changes to the
property, home, household composition, and any other change identified in He-C
6447.28.
I agree to provide
a safe, nurturing, and stable family environment, which is free from abuse and
neglect, for the child in care and will work collaboratively with the Sending
State Agency to meet the individual needs of the child; including the child's safety,
permanency, health, and well-being needs; and their mental, emotional, and
physical development.
I agree to
collaborate with the Sending State Agency and the child’s medical, dental, and
mental health providers to ensure that the safety, health, and well-being needs
of the child in care are met.
I agree to provide
age and developmentally appropriate supervision to the child in care.
I agree to support
the child’s education plan as established by the Sending State Agency.
I agree to notify
NH DCYF, local law enforcement, and the Sending State Agency of the child’s
unauthorized absence from the home, including circumstances when the child in
care runs away or is missing.
I agree to
promptly notify NH DCYF and the Sending State Agency of any unusual or
unexpected behavior, educational concerns, special needs, medical care, or
other issues that might influence or affect the child’s behavior, health,
development, and safety. (He-C 6447.28)
I agree to abide
by all of the applicable NH laws and Administrative Rules and all requirements
set by the Sending State Agency in accordance with Interstate Compact on the
Placement of Children (ICPC) regulations.
By signing below,
I attest that I have reviewed and will comply with Administrative Rule He-C
6447 and agree to the statements on this form. I acknowledge that I have
reviewed the completed home study and that the information I provided to
complete the assessment is true and correct to the best of my knowledge and I
understand that providing false or misleading information constitutes grounds
for denial or revocation.”
Source. #14390, eff
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He-C 6447.10 Criminal Records and Law Enforcement
Contact.
(a)
Each applicant and all adult household members shall complete the
process established by the New Hampshire department
of safety for requesting a fingerprint-based criminal records check, accessible
via the department of safety’s website directly at https://services.dos.nh.gov/chri/cpo/, including paying any required fees and directing that the
results be sent to DCYF, unless an alternative method
for scheduling a fingerprint-based criminal history record check appointment
directly with a law enforcement agency has been mutually agreed upon between
the applicant and the licensing agency.
(b)
Each permit holder and each adult household member residing with a
permit holder shall, within 30 days from the date the permit is issued,
schedule a fingerprint based criminal history record check appointment online
via the department of safety’s website identified in (a) above to initiate the
required fingerprint based criminal records check process unless an alternative
method for scheduling a fingerprint-based criminal history record check
appointment directly with a law enforcement agency has been mutually agreed
upon between the applicant and the licensing agency.
(c) DCYF may, in lieu of the fingerprint-based
criminal history record check, accept police clearances from every city, town,
or county where the individual has lived during the preceding 5 years, in
limited specific circumstances if:
(1) An
individual’s fingerprints cannot be obtained as a result of the individual’s
disability; or
(2) An
individual’s fingerprint impressions are, after 2 attempts, invalid due to
insufficient pattern as a result of the individual’s age, occupation, medical
condition, or otherwise, such that the national crime information database is
unable to provide the individual’s criminal record background check results to
DCYF.
(d) In addition to (a) above, those applicants and
all adult household members who have lived in any other state than New
Hampshire within the
preceding 5 years shall submit or cause to be
submitted to the licensing agency the results of the state(s) and local
criminal history records search(es) for each state resided within the preceding
5 years; and
(e)
Each applicant shall submit a completed Form 1717 “Local Law Enforcement
Check”
(September 2025) authorizing the licensing agency to receive all relevant
information and records from local law enforcement agencies for the applicant
and all adult household members certifying:
“I/We agree to
provide any further information, as requested, in reference to my/our past
record. I/We also authorize and request every person, firm, company,
corporation, governmental agency, court, association or institution having
control of any documents, records, or other information pertaining to me/us, to
provide to the Division for Children, Youth and Families (DCYF), its agents, or
oher Child-Placing Agency, any such information
including documents, records, or files regarding charges or complaints filed
against me/us, formal or informal, pending or closed, and other pertinent data;
and I/we further authorize and request to permit the DCYF or any of its agents
to inspect and make copies of such records.
I/We hereby
release, discharge, and exonerate the Division for Children, Youth and Families
(DCYF), its agents and representatives, and any persons so furnishing or
inspecting such documents, records, or other information for the investigation
made by or on behalf of DCYF.
I/We hereby agree
to the release of information to the Division for Children, Youth and Families,
its agents and representatives.”
(f)
All applicants and household members, regardless of age, shall be
subject to a review of the New Hampshire department of safety’s division of
state police registration of criminal offenders available publicly at http://business.nh.gov/nsor/.
(g) If a household
member turns 18 years old during the permit or license effective period, the
permit holder or licensee shall ensure the household member complies with (a),
(d), and (e) above as a condition of the applicant’s license or license renewal
application being deemed complete.
(h)
If a new adult moves into the kinship care home during the valid permit
or license effective period, the permit holder or licensee shall ensure the
adult household member complies with (a), (d), and (e) above within 30 days of
moving into the home.
(i) The department shall consider all
documentation and information received through this section related to the
applicant and household members’ law enforcement interactions, involvement, and
convictions for suitability for licensure in accordance with He-C 6447.30(a)
and (b).
Source. #14390, eff
9-24-25, EXPIRES: 9-24-35
He-C 6447.11 Child Abuse and Neglect Registry.
(a)
Each applicant and all adult household members shall complete and submit
Form 2501 “NH Child Abuse and Neglect Central Registry Name Search
Authorization Release of Information to Third Party” (May 2025) as required by
He-C 6430.07(h) and attesting:
“I authorize a
search of the NH Child Abuse and Neglect Central Registry to determine if my
name is listed as an individual found responsible for child abuse or neglect in
NH. I consent to the release of the information to the person and agency named
above for the purpose indicated. I understand that the results will not be sent
to me.”
(b)
Each applicant and all adult household members who have lived outside of
New Hampshire within the preceding 5 years shall authorize the licensing agency
to obtain the results of their child abuse and neglect registry checks in each
state where the individual has resided within the preceding 5 years, through the other state’s equivalent authority, by
completing the other state’s release form(s) as directed by the licensing
agency.
(c)
Each applicant and all household members shall direct that the results
of all child abuse and neglect registry checks be
sent directly to the licensing agency.
(d)
If a new adult moves into the kinship care home during the valid permit
or license effective period, the permit holder or licensee shall ensure the
adult household member complies with (a) through (c) above within 30 days of
moving into the home.
(e)
If the results of an abuse and neglect registry check reveal an
individual is listed on the registry with a finding of abuse or neglect, the
applicant shall provide additional information or documentation upon request of
the licensing agency. The department shall review the information with the
applicant and take it into consideration when determining suitability for
licensure in accordance with He-C 6447.30(a) and (c).
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C
6447.12 Applicant References and
Applicant’s Adult Children Questionnaires.
(a) Each applicant shall provide the names and
contact information for 3 references in writing to the licensing agency which
meet the following requirements:
(1) Each reference shall be an individual who has
known the applicant for more than one year;
(2) Each reference shall not reside in the
applicant’s home; and
(3) Not more than one reference shall be an
individual related to the applicant as defined in He-C 6447.03(ab).
(b)
Each reference shall provide information about the applicant to DCYF on
Form 1604 “Kinship Care Personal Reference” (September 2025) by submitting the
completed and signed form to DCYF within 10 business days of receipt from DCYF
via mail, email, or hand delivery.
(d)
All documentation received and created related to an applicant’s
references shall become a permanent part of the application record.
(e) If an applicant has biological children,
stepchildren, or adopted children 18 years of age or older at the time the
application is submitted and who do not reside in the applicant’s home, the
applicant shall provide in writing to DCYF the name and contact information for
each adult child. Within 10 business days of receipt of the form from DCYF via
mail, email, or hand delivery, each of the applicant’s adult children who do
not reside in the applicant’s home shall complete Form 1605 “Kinship Care Applicant’s
Adult Child Questionnaire” (September 2025) and submit it to DCYF.
Source. #14390, eff
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He-C 6447.13 Home Visits.
(a)
Each applicant shall meet in the applicant’s home with staff or
representatives of the licensing agency at least once prior to the issuance of
a permit and at least twice prior to the issuance of a license to assess and
evaluate the household composition and conditions of the home to determine
whether it meets the specific needs of the child, including the child's safety,
permanency, health, and well-being needs, and the child’s mental, emotional,
and physical development.
(b)
Each applicant shall inform the licensing agency at the time of the
first home visit whether the applicant or a household member possesses any
weapons or firearms.
(c)
Each applicant and all household members shall cooperate fully with the
licensing agency during home visits and the home study assessment and
evaluation process.
(d)
Each applicant, permit holder, or licensee shall admit department staff
and licensing agency representatives into the home for official purposes
including but not limited to, supervision and oversight, periodic monitoring
visits, and investigations.
(e)
Each applicant, permit holder, or licensee shall accommodate DCYF
representatives who perform home visits for the oversight of a child in care
pursuant to RSA 169-F:7 by facilitating:
(1) A private meeting between the DCYF
representative and the child, in a safe place as determined by the DCYF
representative and child; and
(2) An in-person tour of the child’s living
quarters, sleeping arrangements, and other areas of the home and property as
requested by the DCYF representative.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C
6447.14 Caregiver Training.
(a)
Prior to the issuance of a license, each applicant shall complete
required pre-licensing training provided by the department through live
instruction, online or web-based training programs, video presentations, or
workbooks or other printed material, as described in (b) below, except as
specified in (e).
(b)
The pre-licensing training shall include:
(1) Examining the complexities of caring for a
child as a kinship caregiver;
(2) Navigating family dynamics and conflict;
(3) Establishing boundaries while defining roles
and responsibilities as a kinship caregiver;
(4) The reasonable and prudent parenting
standard;
(5) Recognizing the impact of trauma on child
growth, development, and behavior;
(6) Developing an understanding of children’s
trauma triggers, and recognizing coping strategies children use when feeling
threatened or fearful; and
(7) Medication administration.
(c)
When necessary to meet the specific health, safety, or well-being needs
of the child and circumstances in the home, the licensing agency shall require
additional training, services, or education be completed by an applicant and
adult household members as a condition of licensure.
(d)
If applicants and household members wish to become certified in first
aid and cardiopulmonary resuscitation (CPR), the department shall provide
opportunities for such training.
(e)
If an applicant has previously completed the department’s a
pre-licensing training, including foster
family care home pre-licensing training pursuant to He-6446, but a portion of
the training curriculum has changed or the applicant has not completed a
portion of the current training, the applicant shall not be required to repeat
the previously completed training and shall only be required to complete the
missing or new portion of training necessary to meet the requirement in (b)
above.
(f)
If the licensing agency determines during the license effective period
that additional training, services, or education is required for the kinship
caregiver to meet the specific needs of the child's safety, permanency, health,
or well-being, then the licensing agency shall notify the licensee of this
requirement in writing and specify the time period to comply which shall not
exceed 30 days. The kinship caregiver shall ensure timely completion of the
requirement and provide proof of completion to the licensing agency within 14
days of completion.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C
6447.15 Employees of DCYF and Other
Licensing Agencies.
(a)
An individual employed by DCYF or other licensing agency shall only be
eligible for a kinship care home permit or license when the employee is related
to the child in care, or when the employee’s connection or history with the
child or the child’s parent exists solely due to relationships, communications,
and interactions in their personal lives.
(b)
The oversight, supervision, and case management of a child’s placement
with a permit holder or licensee who is employed by DCYF shall be performed by
DCYF representatives in a district office other than where the employee is
assigned.
Source. #14390, eff
9-24-25, EXPIRES: 9-24-35
He-C 6447.16 Limitations.
(a)
A permit or license for a kinship care home shall be issued for the
specified child(ren) in care, in a home at an identified location. There shall
be a maximum of 6 children in care placed in the home except as described in
(c) and (e) below.
(b)
Each kinship care home permit and license shall contain the
following information when issued:
(1) The first and last name of the kinship care
home caregiver;
(2) The physical address of the kinship care
home;
(3) The initials of the first and last name of
the child(ren) in care;
(4) The date of issuance and expiration; and
(5) The signature of the director of DCYF or
designee.
(c)
A kinship care home with one permitted or licensed kinship caregiver
shall provide care and supervision to not more than 4 children inclusive of:
(1) The total number of children in care placed
in the kinship care home;
(2) The number of the kinship caregiver’s birth
and adopted children under 18 years of age residing in the home; and
(3) The number of other children under 18 years
of age residing in the home.
(d) A kinship care home with 2 permitted or
licensed kinship caregivers shall provide care and supervision to not more than
6 children, inclusive of (c)(1)-(3) above.
(e) Notwithstanding the limits in (c) and (d)
above, the department may place a sibling or group of siblings in a kinship
care home, exceeding the maximum number of children allowed, when:
(1) The kinship care home caregiver is willing
and able to receive a sibling or a group of siblings of a child already in
their care or a group of siblings that exceeds the maximum number of children,
initially placed at the same time, when a sibling is not already a child in
care in the home; and
(2) The department has determined that the
kinship caregiver is able to provide for the safety, permanency, and well-being
of the children.
(f)
Individuals permitted or licensed as kinship care home caregivers under
this part shall not be considered licensed or authorized to provide foster care
pursuant to He-C 6446 and shall not be eligible for credentials to provide
foster family care services pursuant to He-C 6347unless additionally permitted
or licensed in accordance with He-C 6446.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C
6447.17 Effective Periods and
Child-Specific Changes.
(a)
A child-specific kinship care home permit shall be valid for a period
not to exceed 180 days from the date the child is placed in the home, or until
final action is taken on an application for licensure, or until revoked by the
department, whichever occurs first.
(b)
A kinship care permit shall not be renewed
except as authorized by RSA 170-E:25, X.
(c)
A kinship care home shall not be eligible for a subsequent permit for
the same child in care sought by another applicant residing in the home.
(d)
The department shall administratively rescind a kinship care home permit
when the applicant has met the requirements for licensure and a kinship care
home license is issued to the applicant. A permit shall not be valid after a
license is issued for the child in care.
(e)
A permit holder shall actively pursue meeting the requirements for
licensure.
(f) A
child-specific kinship care home license shall be
valid for a period of 2 years from the date issued and shall remain in effect
until the expiration date or renewal, unless revoked by the department,
voluntarily surrendered by the licensee, or
in accordance with RSA 170-E:31, I.
(g)
A current permit holder or licensee who is asked by the department to
receive an additional child into their kinship care home, and who is eligible
to receive an additional child pursuant to He-C 6447.16 shall:
(1) Participate in at least one home visit with
the licensing agency within 30 days of the child’s placement to conduct an
abbreviated home study for the purpose of completing a written assessment which
evaluates whether the household meets the individual needs of the additional
child’s safety, permanency, health, and well-being;
(2) Submit a completed and signed Form 1717
“Local Law Enforcement Check” (September 2025); and
(3) Submit a
completed and signed Form 1601 “Kinship Caregiver
Agreement” (September 2025) unless the child in care is subject to ICPC,
in which case submit completed and signed Form 1586
“ICPC Kinship Caregiver Agreement” (September 2025) in lieu of Form
1601.
(h)
If the applicant is a current licensee and is approved to receive an
additional child in to care, after meeting the requirements in (g) above, the licensing agency
shall revise the license by adding the additional child. The expiration date of
the revised license shall be the same expiration date as the most recent
license issued.
(i) If the applicant is a current permit holder
and is approved to receive an additional child in to care, then the licensing agency
shall revise the permit by adding the additional child. The expiration date of the revised permit
shall be the same expiration date as the current valid permit.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
(a)
Pursuant to RSA 170-E:32, I, a licensee shall apply for license renewal
3 months prior to the license expiration date.
(b)
Subject to (c), below, the renewal applicant shall submit a completed
and signed Form 1601 “Kinship Caregiver Agreement” (September 2025) and Form
1606 “Kinship Caregiver Application” (September 2025).
(c) For any child who is subject to ICPC, the
renewal applicant shall only submit a completed and signed Form 1586 “ICPC
Kinship Caregiver Agreement” (September 2025) in lieu of Form 1601 and Form
1606.
(d)
Prior to the department issuing a renewed license, the renewal applicant
shall submit:
(1) A completed
and signed NH department of safety Form DSSP 256 “Criminal History Record
Information Release Authorization Form” for each renewal applicant and adult household member except for those subject to (e) below,
authorizing the release of each individual's criminal records to DCYF;
(2) A completed and signed Form 1717 “Local Law
Enforcement Check” (September 2025);
(3) A completed
and signed Form 2501 “NH Child Abuse and Neglect Central Registry Authorization
for Name Search and Release of Information to a Third Party” (May 2025) for
themselves and a form completed by each adult household member, in accordance
with He-C 6447.11; and
(4) A completed and signed Form 1728
“Pre-Adoptive and Foster Family Care License Financial Statement” (September 2025).
(1) Complete a
fingerprint-based criminal records check in accordance with He-C 6447.10; and
(2) If the
individual has lived outside the state of New Hampshire within the preceding 5
years, submit or cause to be submitted to the licensing agency:
a. The results of the state(s) and local criminal
history records search(es) for each state resided within the preceding 5 years
pursuant to He-C 6447.10(d); and
b. The results of the state(s) child abuse and
neglect registries for each state resided within the preceding 5 years pursuant
to He-C 6447.11(b).
(f)
Prior to the department renewing the license,
each renewal applicant and all current household members shall participate
in at least one home visit with the licensing agency for completion of an
updated home study, as described in He-C 6447.13, focused on the household
composition, conditions of the home, and all changes since the most recent home
study was performed to evaluate the kinship care home for continued suitability
of placement.
(g)
An updated home study performed for the purpose of license renewal shall
include the licensing agency’s written assessment of the renewal applicant’s
compliance with the requirements of He-C 6447, RSA 170-E, and all other
applicable laws and regulations during the preceding licensing period.
(h)
Upon completion of the updated home study, the renewal applicant shall
sign the “Home Study Acknowledgement” section of
either Form 1601 “Kinship Caregiver Agreement” (September 2025) or Form 1586 “ICPC Kinship Caregiver Agreement”
(September 2025) if the child in care subject
to ICPC.
(i) If a renewal applicant or any adult household
member has health concerns which are observed, reported, or discovered at any
time that might impact their ability to care for the child, upon request of the
licensing agency, the individual shall complete and submit Form 1722 “Medical
Information Statement” ( September 2025). Form 1722 is completed in 2 parts,
the first by the individual and the second by a physician, physician assistant,
or nurse practitioner who shall then submit the completed form to the
department.
(j) If additional information is required for the
licensing agency to assess the character or abilities of the renewal
applicant or adult household member to provide care and supervision for the
child, or to evaluate the home for suitability of renewed licensure, the
licensing agency shall specify what additional
information or documentation is required and request the applicant submit it as
a condition of the renewal application being deemed complete for processing.
(k)
Upon receipt of the information in (b) through (j) above, the department
shall review and process the renewal application in accordance with RSA
541-A:29.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C
6447.19 Care, Supervision, and
Discipline.
(a)
A kinship caregiver shall provide each child in care with:
(1) Nutritionally balanced meals which meet
dietary needs and restrictions;
(2) Clothing fitted and appropriate to the
season;
(3) The opportunity to share with other household
members in taking responsibility for household chores appropriate to the
child's age, health, and ability;
(4) The opportunity for age and developmentally
appropriate leisure time activities, socialization, and for the development of
special interests and abilities, such as arts, crafts, music, and sports,
consistent with the reasonable and prudent parent standard; and
(5) Assistance
in handling stressful situations and trauma frequently associated with
placement, including:
a.
Removal from the child’s home and from the child’s parents;
b.
Placement in a new home environment;
c.
Visitation with parents and siblings when applicable; and
d.
Reunification to the child’s parent or transition to another placement.
(b)
Kinship caregivers shall be responsible for the care of the child’s
possessions received with the child in care or purchased for the child while in
care, including but not limited to, assistive medical devices, clothing, books,
and photographs. Kinship caregivers shall return all belongings of a child who
was in their care to DCYF, the child, or the child’s parent within 7 days of
the child leaving placement in the kinship caregiver’s home.
(c)
Kinship caregivers shall use the reasonable and prudent parent standard
to make careful and sensible decisions in the daily life of the child in care
that maintain the health, safety, and best interests of a child while at the
same time encouraging the emotional and developmental growth of the child, and
grant permission for participation in family, school, community,
extracurricular, enrichment, cultural, and social leisure time activities.
(d)
Kinship caregivers, household members, and any other individuals who
provide care and supervision in the kinship care home shall administer
discipline only in a safe, non-threatening, and constructive manner, which is
individualized to meet the needs, development, and experiences of the child in
care.
(e)
The following practices shall be prohibited manners of discipline for a
child in care:
(1) Child abuse
as defined in RSA 169-C:3, II;
(2) Derogatory
remarks or statements that humiliate, ridicule, or intimidate;
(3) Deprivation
of food, meals, mail, or family contact;
(4) Threats of alternate placements;
(5) Any use of
corporal punishment, pursuant to RSA 161:14, or spanking;
(6) The use of seclusion or restraint, pursuant
to RSA 126-U;
(7) Assignment
of physically strenuous or dangerous exercise or work as a punishment; and
(8) Verbal or physical punishment for bed-wetting
or negative actions related to toilet training.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
(a)
A kinship caregiver shall cooperate in arranging for the health care for
the child and shall ensure that the prescribed program of treatment and
immunizations determined
by the child’s physician is followed.
(b)
A kinship caregiver shall ensure that any prescribed medications and
assistive devices are properly maintained for the exclusive use of the child
for which they are prescribed.
(c)
A kinship caregiver shall maintain a record of all of the child’s health
care visits, which shall include:
(1) Date of
visit and reason for the visit;
(2) Name of health care provider seen;
(3) Health care services received;
(4) Medication
prescribed, if applicable; and
(5) The health
care provider’s instructions and recommendations.
(d)
Upon request of the licensing agency, a kinship caregiver shall make the
child’s record of health care information available for review and inspection.
(e)
If a kinship caregiver has more than one child placed in their home,
each child’s medical records shall be maintained separately and independently
from another child’s records.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C
6447.21 Immunization
Requirements.
(a) The medical needs of a child in care shall be
determined by the child’s physician or other licensed healthcare professional.
(b)
If the child in care’s physician recommends that the child’s household
members be vaccinated for certain communicable diseases for the health, safety,
and well-being of the child, the applicant and each adult household member
shall be vaccinated to comply with the physician’s recommendation and shall
provide DCYF with their vaccination record from their licensed healthcare
professional demonstrating compliance.
(c)
There shall be no immunization requirements for any children who are
household members of a kinship care home which exceed vaccination or
immunization requirements under RSA 141-C:20-a, either in type of vaccination
or quantity of doses, pursuant to RSA 170-E:27-b. Upon request of the licensing
agency, the applicant shall provide documentation of immunizations received for
each household members under the age of 18 which demonstrate compliance with
RSA 141-C:20-a, and He-P 301.14 if applicable, unless
the child household member has received an exemption from vaccination
requirements pursuant to RSA 141-C:20-c, in which case the applicant shall
provide the certificate of exemption under RSA 141-C:20-c.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C
6447.22 Religion and Culture.
(a)
Kinship caregivers shall respect and encourage the linguistic, ethnic,
religious, spiritual, and cultural background of the child in care and their
family.
(b)
Kinship caregivers shall cooperatively support the child in care in
maintaining their linguistic, ethnic, religious, spiritual, and cultural
connections including participation in related social activities.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
(a)
A kinship caregiver of any school-aged child in care shall collaborate
cooperatively with DCYF, the parents of the child in care, and the school
district to ensure the child’s educational well-being and stability are
consistent with the best interests of the child.
(b)
A kinship caregiver shall:
(1) Assist in implementing the individualized
education program for a child in care who has been identified as a child with a
disability as defined in RSA 186-C;
(2) Ensure that
the child in care attends their educational program and encourage them to
achieve their highest educational potential including but not limited to
post-secondary education, vocational training, and career development;
(3) Ensure that
a child in care who is 16 years of age or older has the opportunity to
participate in DCYF’s teen independent living program; and
(4) Allow and
encourage the child in care to participate in school-related activities and
events based on their age, ability, and development so long as there are no
safety concerns for the child’s inclusion and the activity is otherwise not
prohibited by the case plan or court order.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
(a)
Kinship caregivers shall have the opportunity to participate in the
development of the DCYF’s case plan for the child in care.
(b)
Kinship caregivers shall be responsible to implement their portion of
the case plan for the child in care and work cooperatively with DCYF, the
parents of the child in care, and service providers when implementing the case
plan.
(c)
He-C 6447.24(a)-(b) shall not apply when the child in care is subject to
ICPC.
Source. #14390, eff
9-24-25, EXPIRES: 9-24-35
He-C 6447.25 Visits and Contacts.
(a)
Upon request of DCYF, a kinship caregiver shall meet with the child in
care’s family and the DCYF representative to develop a mutually agreed upon
schedule and plan for visits and contact.
(b) The schedule and plan for visits and contact
shall include contact with the family and with other individuals in accordance
with the child’s case plan and any court orders.
(c)
A kinship caregiver shall comply with the schedule and plan for visits
and contact which might include weekends and holidays.
(d)
A kinship caregiver shall make efforts to obtain the input and consensus
from the parent or legal guardian when making decisions around high risk or
extended activities and follow the reasonable and prudent parent standard.
(e)
For children in care who are subject to ICPC, (a)-(d) above shall not
apply. The kinship caregiver shall facilitate visits and contact as directed by
the sending state agency.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C
6447.26 Record Keeping and
Confidentiality.
(1) The child’s name, date of birth, and the date of
placement in the home;
(2) Documents from schools, doctors, and other agencies
providing services to the child in care;
(3) Dates and
outcomes of school conferences;
(4) A record of
the child’s health care visits and all medical documentation as required in
He-C 6447.20;
(5) All records of incidents involving seclusion or
restraint in accordance with He-C 901 and RSA 126-U:7-a;
(6) Legal documents and personal papers and
documentation concerning the child;
(7) Highlights of the child's participation in
extracurricular, enrichment, cultural, and social activities; and
(8) When the
child in care is not subject to the ICPC, the kinship caregiver shall also
maintain the following information and documentation:
a. A copy of the case plan(s) when provided to
the caregiver;
b. A copy of Form 1552 “Child/Youth Information
Sheet” (September 2025); and
c. A copy of Form 1643A “Getting to Know Me:
Infant/Toddler (0-3 Years Old)” ( September 2025), Form 1643B “Getting to Know
Me: School-Aged Child (4-10 Years Old)” (September 2025), or Form 1643C
“Getting to Know Me: Youth (11-18 Years Old)” (September 2025), completed by
the child’s parent or prior caregiver, and provided by DCYF at the time of
placement;
d. The kinship caregiver shall review and update
the information on Form 1552 “Child/Youth Information
Sheet” (September 2025), at least once every 6
months and submit the updated form to the licensing agency. Attachments to the form may be used to supplement
the information required but shall not be used in place of completing the form;
and
e. When the child leaves care, the kinship
caregiver shall complete and submit an updated Form 1552 “Child/Youth
Information Sheet” (September 2025), and either Form 1643A “Getting to Know Me:
Infant/Toddler (0-3 Years Old)” (September 2025), Form 1643B “Getting to Know
Me: School-Aged Child (4-10 Years Old)” (September 2025), or Form 1643C
“Getting to Know Me: Youth (11-18 Years Old)” (September 2025).
(b) The kinship caregiver shall keep the file
referenced in (a) above in a secure place in the kinship care home to preserve
confidentiality and it shall be made available to the licensing agency upon
request.
(c) All legal documents and personal papers
concerning the child in care shall be provided to DCYF when the child leaves
care.
(d) Information about the safety of a child in
care, the kinship caregiver’s safety, and the appropriateness of the placement
shall be confidential.
(e) All identifying information, whether written,
oral, imagery, or electronic, concerning the child in care, the family of the
child in care, and the circumstances of the department’s involvement with both,
shall be kept confidential.
(f) If the kinship caregiver encounters a
situation or circumstance they believe requires disclosure of confidential
information, the kinship caregiver shall obtain written consent from the
department prior to disclosure of any protected information.
(g) The requirements in (e) and (f) above shall
not apply when the child is subject to ICPC. A
licensee caring for a child subject to ICPC shall follow the
instructions and requirements of the sending state agency related to protecting
the child’s identifying information and safeguarding confidentiality.
Source. #14390, eff
9-24-25, EXPIRES: 9-24-35
(a)
A written request for a waiver of rules shall be submitted to DCYF on
Form 1733 “Waiver Request -
Foster Family Homes and Kinship Care Homes” (September 2025) or provide the following information to the department
in writing:
(1) Identifying information such as the family name,
physical address, phone number, mailing address if different than the physical
address, and email address;
(2) The resource identification number, if applicable;
(3) The current permit or license issue date and
expiration date;
(4) The rule for which the waiver is being requested;
(5) The anticipated length of time the requested waiver
will be needed;
(6) The reason for requesting the waiver;
(7) How the waiver will affect the health and safety of
the child in care;
(8) A written
plan for compliance with the rule, or a written plan detailing how the kinship caregiver will satisfy the intent of the rule being
waived as an alternative to complying with the rule;
(9) The number
and ages of children in the home who will be affected by the requested waiver;
and
(10) The signature of the applicant or licensing
agency representative requesting the waiver.
(b) In the case of an unplanned or emergency circumstance necessitating immediate
placement, the licensing agency shall request a
waiver on behalf of an applicant if a specific condition is necessary to
adequately provide for the needs and circumstances of a child.
(c) The department shall not approve any request
for a waiver of any of the provisions of RSA 170-E or the administrative rules
of another New Hampshire state agency.
(d) The department shall not approve waiver
requests from permit applicants except for requests to exceed the maximum
number of children living in the home pursuant to He-C 6447.16.
(e) The department shall deny a request for a
waiver when:
(1) The request
does not comply with (a) and (b) above;
(2) The
department finds that approval of the requested waiver will jeopardize the
health or safety of the child;
(3) The
department finds that approval of the requested waiver will impair the kinship
caregiver’s ability to adequately care for the child; or
(4) The department finds that the written plan for
compliance does not satisfy the intent of the rule as an alternative to
complying with the rule.
(f) When the department determines that no
grounds for denial in (e) above exist, it shall approve a request for a waiver
for the length of time requested in (a)(5) above or until the expiration of the
license, whichever occurs first.
Source. #14390, eff
9-24-25, EXPIRES: 9-24-35
He-C 6447.28 Mandatory Notifications and Reporting.
(a)
A kinship caregiver shall provide the licensing agency with advance
notice, when practicable, of a change made to any of the following, but in any
case, no later than 4:00 PM on the next business day after the change occurs:
(1) Residential
or mailing address;
(2) Home or cell phone number;
(3) Marital
status;
(4) Employment
status;
(5) Household
composition, including pets and all household members;
(6) Physical
environment of the home which might affect safety including by not limited to:
a. Structural repairs or additions;
b. Removal of a furnace or other heating source;
c. The addition of a pool, pond, or other body
of water;
d. Construction of an attached garage;
e. Installation of a wood stove or fireplace; or
f. Installation of gas or propane powered
appliance, including but not limited to a boiler, furnace, stove, clothes
dryer, water heater, space heater, or fireplace; and
(7) Any circumstances which might violate a
licensing requirement of He-C 6447.
(b)
A home shall have a working carbon monoxide detector with an alarm,
maintained according to the manufacturer’s recommendations, on each level of
the home in which there are sleeping areas, within 2 business days of any the
following changes:
(1) Construction
of an attached garage;
(2) Installation
of a wood stove or fireplace; or
(3) Installation
of gas or propane powered appliance,
including but not limited to a boiler, furnace, stove, clothes dryer, water
heater, space heater, or fireplace.
(c)
When it is not possible for a kinship caregiver to provide advance
notice to the licensing agency, the kinship caregiver shall notify the
licensing agency within 7 calendar days of the occurrence of any of the following:
(1) Changes
listed in (a) above;
(2) A change in
the mental, emotional, or physical health of any caregiver or household member
which might affect the child’s care;
(3) A caregiver’s
or household member’s involvement or contact with federal, state, or local law
enforcement personnel other than routine motor vehicle traffic stops unless the
child in care was present during the contact;
(4) A caregiver’s
or household member’s involvement or contact with DCYF, including services
under RSA 169-B, RSA 169-C, or RSA 169-D; and
(5) Accepting
placement of a child from another licensing agency or informally accepting a
child for care directly from a child’s parent or guardian.
(d)
If a kinship caregiver changes the location of their residence, in
addition to the notice required in (a) or (b) above, the kinship caregiver
shall, within 10 calendar days of moving residences, provide the licensing
agency with a written statement via email or the United States Postal Services
(USPS) verifying the effective date of the change and all current address and
contact information. Upon request of the licensing agency, the kinship
caregiver shall also:
(1) Complete and
submit an updated Form 1601 “Kinship Caregiver Agreement” (September 2025),
unless the child in care is subject to the ICPC in which case the kinship
caregiver shall complete and submit an updated Form 1586 “ICPC Kinship
Caregiver Agreement” (September 2025); and
(2) Participate
in at least one home visit, as described in He-C 6447.13, to evaluate whether
the physical environment complies with He-C 6447.06 and He-C 6447.08, and to
assess the conditions of the home to determine whether it meets the specific
needs of the child, including the child’s safety, permanency, health,
well-being, mental, emotional, and physical development needs.
(e)
Kinship caregivers shall report any use of seclusion or restraint of a
child in care. The kinship caregiver shall:
(1) Verbally
notify DCYF by speaking with a DCYF representative as soon as practicable after
the incident; and
(2) Within 5 business days of the incident,
complete and submit Form 1770 “Caregiver Report of Seclusion and Restraint”
(September 2025) to DCYF by email to NHkinship@dhhs.nh.gov or via USPS: NH
DCYF, Office of the Director, 129 Pleasant Street, Thayer Building, Concord,
NH, 03301.
(f)
A kinship caregiver shall immediately notify DCYF, by telephone call to
DCYF central intake at (800) 894-5533 or (603) 271-6562, in the event of:
(1) The death of
a child in care;
(2) The hospitalization
of, or serious illness or injury to, a child in care;
(3) A child in
care’s unauthorized absence from the kinship care home; or
(4) An unplanned
childcare arrangement for a child in care that exceeds 24 hours of care.
(g)
In addition to (f) above, in the case of death or serious injury, as
defined in RSA 126:U:1, VI, to a child subject to seclusion or restraint, the
kinship caregiver shall:
(1) Immediately notify law enforcement and
emergency services of the incident; and
(2) Within 5 business days of the incident,
complete and submit Form 1770 “Caregiver Report of Seclusion and Restraint”
(September 2025) to the department pursuant to RSA 126-U:7-a, and in accordance
with He-C 901 and the following:
a. The completed Form 1770 shall be submitted by
email to NHkinship@dhhs.nh.gov or via USPS: NH DCYF, Office of the Director, 129 Pleasant
Street, Thayer Building, Concord, NH, 03301; and
b. Within 5 business days of receipt of the
completed Form 1770, the department shall, pursuant to RSA 126-U:7-a, notify:
1. The
NH office of the attorney general;
2. The
state's federally designated protection and advocacy agency for individuals
with disabilities; and
3. The
child’s parents or guardians, unless prohibited by a
court order.
(h)
A kinship caregiver shall report a child in care’s unusual or unexpected
behavior, educational concerns, medical needs, special needs, or any other
issues or circumstances that might influence or affect the child’s behavior,
health, development, or well-being to the licensing agency no later than 4:00
PM on the following business day after becoming aware of the issue or
circumstance.
(i) If there is a reported or observed change in
the mental, emotional, or physical health of the kinship caregiver or any
household member which might affect the child’s care or well-being, upon
request of the licensing agency, the individual shall complete and submit Form
1722 “Medical Information Statement” (September 2025). Form 1722 is completed
in 2 parts, the first by the individual and the second by a physician,
physician assistant, or nurse practitioner who shall then submit the completed
form to the division.
(j)
A kinship caregiver shall provide the licensing agency with at least 14
calendar days written notice prior to the date the kinship caregiver is
requesting the removal of the child in care from the kinship care home.
(k)
The information provided to the licensing agency in accordance with (a)
through (j) above shall be reviewed for compliance with the requirements of
He-C 6447 and shall be taken into consideration when determining whether to
take action pursuant to He-C 6447.29 and He-C 6447.30.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C 6447.29 Orders
to Comply and Immediate Removal of a Child in Care.
(a)
DCYF, or other licensing agency in consultation with DCYF, shall issue a
kinship caregiver a written order to comply if the kinship caregiver violates
the kinship care home licensing requirements of this part and the violation is
not related to the health or safety of the child in care.
(b)
A written order to comply shall:
(1) Be sent to the kinship caregiver by certified mail to the
kinship caregiver’s last known
mailing address on file with DCYF, or be served to in hand to the
kinship caregiver;
(2) Specify each violation of He-C 6447;
(3) Give notice that the kinship caregiver has 60
days from the date of the corrective action plan in (c) below to correct the
violation(s);
(4) Specify the action that shall be taken by the
department if the kinship caregiver fails to correct the violation(s)
identified in the order to comply within the specified time period; and
(5) Be filed with the DCYF director or designee.
(c)
Within 14 calendar days of the date of the order to comply, the kinship
caregiver shall jointly develop a corrective action plan with the licensing
agency to address the violations.
(d)
The kinship caregiver shall not accept additional children in care:
(1) After receiving an order to comply, as
described in (b) above, and prior to the development of an approved corrective
action plan;
(2) During an ongoing investigation of alleged
child abuse or neglect; or
(3) During an investigation of an alleged
violation of RSA 126-U.
(e)
The licensing agency shall offer an opportunity for informal dispute
resolution to any kinship caregiver who disagrees with a violation cited on an
order to comply, provided that the kinship caregiver submits a written request
via email or USPS for informal dispute resolution to the licensing agency no
later than 14 calendar days from the date the order to comply was issued.
(f)
The department shall review the facts and information presented by the
kinship caregiver and provide a written notice of decision to the kinship
caregiver within 14 calendar days of receipt.
(g)
An informal dispute resolution shall not be available for any kinship
caregiver against whom DCYF has initiated action to revoke a license or permit
or deny a license or license renewal.
(h)
If any violation poses a present risk to the health or safety of the
child in care, the department shall immediately, with court approval if
required by law, remove the child in care from the kinship care home without
issuing an order to comply.
(i) The department shall not issue an order to
comply if:
(1) There is a founded report of child abuse or
neglect for the kinship caregiver;
(2) There is a judicial finding of abuse or
neglect made of the kinship caregiver; or
(3) The kinship caregiver is convicted of a
felony or other crimes as described in He-C 6447.30(a).
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C 6447.30 Denial
and Revocation.
(a) In addition to the reasons for denial
specified in RSA 170-E:35, the department shall deny a permit, license, or
renewal application for a kinship care home if the applicant or any adult
household member:
(1) Has been
convicted of a felony for child abuse or neglect, spousal abuse, any crime
against children, child pornography, rape, sexual assault, or homicide, but not
including other physical assault or battery in accordance with 42 USC
671(a)(20)(A)(i);
(2) Has been
convicted of a felony for physical assault, battery, or a drug-related offense,
and that felony was committed within the past 5 years, in accordance with 42
USC 671 (a)(20)(A)(ii); or
(3) Has been
convicted of a violent or sexually related crime against a child, or of a crime
which shows that the person might be reasonably expected to pose a threat to a
child, such as a violent crime or a sexually related crime against an adult,
pursuant to RSA 170-E:29, III.
(b) Unless DCYF determines through an
investigation that the individual does not pose a present threat to the health,
safety, or well-being of the child, the department shall deny an application
for a permit or license if the applicant or any household member:
(1) Is the
subject of a founded complaint of child abuse and neglect in New Hampshire or
any other state;
(2) Has been
convicted of a misdemeanor against minors or adults, except those described in
(a)(3) above;
(3) Has a motor
vehicle record or is the subject of a report from another source, including a
local law enforcement agency, which, following assessment, indicates that the
applicant or a household member might reasonably be expected to pose a threat
of harm to a child;
(4) Presents,
through the information provided pursuant to He-C 6447.04 through He-C 6447.08,
a set of qualifications and characteristics which DCYF determines, when taken
as a whole, does not reflect and support the purposes of a kinship care home,
as established in He-C 6447.02 and the “Foster Care Children’s Bill of Rights”
codified in RSA 170-G:21; or
(5) Any other condition or circumstance which
indicates to the department that the individual might reasonably be expected to
pose a threat to the safety, health, or well-being of a child.
(c) The investigation identified in (b) above
shall include an opportunity for the individual to present evidence on their
own behalf to show that they do not pose a threat to a child. The department
shall conduct the investigation and consider the following when making its
determination:
(1) All
documentation and information gathered, observed, and reported throughout the
licensing process including the home study evaluation and assessment;
(2) The length
of time that has passed since the conviction or finding, in conjunction with
the individual’s demonstration of a sustained commitment to positive change or
rehabilitation since the conviction or finding;
(3) The
individual’s truthfulness and cooperation with the department’s investigation;
and
(4) Any
extenuating or mitigating circumstances surrounding the conviction or finding.
(d) In addition to the reasons set forth in (a)
and (b) above and pursuant to RSA 170-E:35, the department shall revoke a
license or permit for kinship care home if the licensee or permit holder:
(1)
Substantially or repeatedly does not comply with the kinship family care
home permit or license requirements in He-C 6447 and RSA 170-E, or violates the
provisions of their permit or license;
(2) Knowingly
furnishes or makes false or misleading statements or information, or omits
information in statements or submissions to the licensing agency;
(3) Refuses to
submit or make available the information or documents required in He-C 6447.04
through He-C 6447.12;
(4) Refuses or
does not cooperate with all aspects of an investigation of reported child abuse
and neglect;
(5) Refuses or
does not admit authorized personnel into the home for the purpose of a child
abuse and neglect report investigation, home visit, pre-arranged visit,
unannounced visit, or for and supervision or oversight of the child in care in
accordance with He-C 6447.13 and pursuant to RSA 169-F:7;
(6) Does not
provide and maintain a safe and sanitary home in accordance with RSA 170-E:35,
He-C 6447.06, and He-C 6447.08;
(7) Does not
maintain resources adequate for the child in care in accordance with He-C
6447.04 and He-C 6447.06;
(8)
Substantially or repeatedly fails to work cooperatively with the
licensing agency, DCYF representatives, a parent of the child in care, or a
service provider in implementing the child's case plans and permanency goals in
accordance with He-C 6447.24;
(9) Interferes
with reunification or a transition of the child in care to another placement;
(10) Makes
unfounded derogatory statements with malicious intent about licensing agency
staff, DCYF representatives, the family of the child in care, other licensed
caregivers, or service providers; or
(11) From the
information provided pursuant to He-C 6447.04 through He-C 6447.07, He-C
6447.10, and He-C 6447.11, presents a set of qualifications and characteristics
which, DCYF determines, when taken as a whole, does not reflect and support the
purposes of kinship care home, as established in He-C 6447.02, and the “Foster
Care Children’s Bill of Rights” codified in RSA 170-G:21.
(e) In addition to the reasons set forth in (a),
(c) and (d) above, the department shall revoke the license or permit if the
identified violations are not corrected within 60 days of the date of the
completed and submitted corrective action plan described in He-C 6447.29.
(f) If the department revokes or denies a permit,
license, or license renewal to operate a kinship family home, or denies a
waiver request, the department shall, pursuant to RSA 170-E:36, I, send a
notice which sets forth the particular reason for the determination to the
applicant, licensee, or permit holder, by certified mail to the individual’s
last known address on file with the department, or by serving the individual in
hand.
(g) Pursuant to RSA 170-E:36, I, the denial or
revocation shall become final 10 calendar days after receipt of the notice
unless the applicant, licensee, or permit holder requests a hearing pursuant to
RSA 170-E:36, II and in accordance with He-C 203.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
He-C
6447.31 Appeals.
(a) Administrative appeals of department
decisions to modify, revoke, or deny a permit or license, shall be conducted in
accordance with RSA 170-E:37, RSA 541-A, chapter He-C 200, and this section.
(b) Appeal requests shall be filed within 10 days
of the date of the notice of action.
(c) Parties to any administrative hearing who are
aggrieved by the decision of the departmental hearings officer may request
reconsideration in accordance with He-C 204, or may file an appeal of the
decision with the superior court, in accordance with the provisions of RSA
170-E:37.
(d) Parties aggrieved by the decision of the
hearings officer to deny the request for a reconsideration, or with the
hearings officer’s decision after a rehearing has been conducted, may appeal
the decision to the superior court, in accordance with the provisions of RSA
170-E:37.
Source. #14390, eff 9-24-25, EXPIRES: 9-24-35
PART He-C
6448 CHILD-PLACING AGENCY LICENSING
REQUIREMENTS
Statutory
Authority: RSA 170-E:34
He-C 6448.01 Applicability. This rule shall apply to any child-placing
agency as defined by RSA 170-E:25, IV.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767,
INTERIM, eff 5-2-19, EXPIRES: 10-29-19; ss by #12911, eff 10-24-19
He-C 6448.02 Scope. This part shall apply to licensing and
performance requirements for child-placing agencies.
Source. #12911, eff
10-24-19 (formerly He-C 6448.02)
He-C 6448.03 Definitions.
(a)
“Administrator” means the person designated by the child-placing agency
as responsible for the overall daily operation of the child-placing agency.
(b)
“Adoptive parent applicant” means the individual seeking to adopt a
child through a child-placing agency.
(c)
“Adoptive parent (s) application” means the provision of documents and
information by the adoptive applicant (s) needed by the child placing agency to
make a decision about the applicant (s).
(d)
“Adoptive parent” means an individual who has completed the formal,
legal process to adopt a child.
(e)
“Approval” means the formal process used by a child-placing agency to
determine the acceptability of a foster home or adoptive home and the document
resulting from the process.
(f)
“Birth parent” means biological parent of the child.
(g)
“Case plan” means a comprehensive, time-limited, goal oriented,
individualized plan for the care, treatment, and education of a child in the
care of an agency and is based on a current, comprehensive evaluation of the
child’s needs.
(h)
“Case record” means a unified, comprehensive collection of information
concerning a child who is in the care of a child-placing agency.
(i) “Casework services” means services provided
through interventions which help individuals or families improve their
functioning in society.
(j)
“Casework supervisor” means a child-placing agency professional
responsible for the oversight of quality casework services.
(k)
“Caseworker” means a child-placing agency staff person assigned to
casework or licensing services.
(l)
“Central registry” means the state registry of abuse and neglect reports
maintained by the department pursuant to RSA 169-C:35.
(m)
“Child” means “child” as defined in RSA 170-E:25, I, namely “any person
under 21 years of age.”
(n)
“Child in care” means a child who is placed in a foster home.
(o)
“Child-placing agency” means “child-placing agency” as defined in RSA
170-E:25, IV.
(p)
“Child-placing agency applicant” means the person or organization
formally seeking a license to operate a child-placing agency.
(q)
“Commissioner” means the commissioner of the New Hampshire department of
health and human services or his or her designee.
(r)
“Corrective action plan” means “corrective action plan” as defined in
RSA 170-E:25, VI.
(s)
“Criminal records” means records of criminal convictions maintained by
or accessible through the NH state police.
(t)
“Department” means the NH department of health and human services.
(u) “Division for Children, Youth and
Families (DCYF)” means the department’s division for children, youth and
families.
(v)
“Family” means a unit of one or more adults who have a long-term
commitment to caring for and rearing children or an extended network of related
people.
(w)
“Family assessment” means a home study of the foster or adoptive
applicant that includes a determination and written evaluation during the
application process of the suitability of the foster or adoptive parent(s) and
home for child placement.
(x)
"Foster family home" means “foster family home” as defined in
RSA 170-E:25 II (a) (1).
(y)
“Foster parent” means an individual who has a license or permit for
foster family care and who provides temporary substitute parental care for a
child or children under an agreement with a licensed or approved child-placing
agency.
(z)
“Foster parent applicant” means the individual seeking to provide
temporary substitute parental care to a child through a child-placing agency.
(aa)
“Household” means all individuals who reside in the foster or adoptive
home during any time that a child in care is placed in the home.
(ab)
“Legal parent” means an adult who is legally responsible for a child.
(ac)
“Legal risk” means placement of children, who are not legally free for
adoption, with prospective adoptive parents.
(ad)
“License” means “license” as defined in RSA 170-E:25, XI.
(ae)
“Parent” means the birth, adoptive, or foster mother or father.
(af) “Placement” means the out-of-home care of a
child in a foster home, a relative’s home, or residential care facility as
described in RSA 170-E: 25, I & II.
(ag) “Pre-licensing training” means the
educational programs for foster parent applicants provided by the child-placing
agency in accordance with He-C 6446.12 and adoptive parent applicants in
accordance with He-C 6448.17.
(ah)
“Staff” means all persons providing any services within a child-placing
agency, including all employees, volunteers, student interns, and consultants.
(ai)
“Waiver” means permission granted by the department to meet the intent
of a regulation in a way other than that specified by the requirements in He-C
6448.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.02)
He-C 6448.04 Requirements for Child-Placing Agency
Applicants. Each child-placing
agency applicant shall:
(a)
Have a written statement of agency purpose;
(b)
Be incorporated and registered with the NH secretary of state as a for
profit or non-profit business in NH;
(c)
Have a governing body that:
(1)
Has authority over and responsibility for the operation and policy of
the child-placing agency;
(2)
Is comprised of no less than 7 persons who have knowledge of the
services provided; and
(3)
Does not include staff members of the child-placing agency applicant,
nor have any proprietal relationship with liquid or
fixed assets of any child-placing agency applicant;
(d)
Have, in their office files, written statements of philosophy and policy
for its operation that addresses:
(1)
Sexual harassment;
(2)
Drug free workplace;
(3)
Anti-discrimination;
(4)
Reporting of child abuse and neglect in accordance with RSA 169-C;
(5)
Discipline of children in care;
(6)
Confidentiality of files, records, and information gathered in
accordance with RSA 170-E:28, 170-E:29, 170-E:33 and RSA 170-E:42;
(7)
Minimum educational or experiential requirements for staff;
(8)
Limits on the number of cases per caseworker;
(9)
Documentation that criminal record and central registry checks have been
obtained on every staff member;
(10) Methodology for assessment and evaluation of
programs;
(11) Provisions
for the permanent retention of records pertaining to the placement of children
for adoption, including maintenance of such records in the event that a
licensed agency ceases to operate as a licensed child-placing agency; and
(12) Maintenance of records pertaining to the
admission, progress, health, and discharge of children;
(e)
Have sufficient funds and the means of raising funds to care for the
children for whom the child-placing agency assumes responsibility and to assure
that the child-placing agency can continue its responsibilities until its
obligations are ended; and
(f)
When the child-placing agency has not operated before or is reopening,
provide documentation to the department of funding source, budget, staffing,
fee schedules, and contingency funds that demonstrates that the child-placing
agency has the fiscal capacity to operate for at least 6 months such as funding
source, budget, staffing, fee schedules, and contingency funds.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19
He-C 6448.05 Administration.
(a)
A child-placing agency shall have an annual external financial audit or
a review performed by a certified public accountant.
(b)
A licensed child-placing agency shall have a local advisory board that:
(1)
Is made up of at least 5 members;
(2)
Has officers of advisory boards elected at least every 2 years; and
(3)
Has meetings at least quarterly with minutes taken and retained for 7
years.
(c)
The child-placing agency applicant shall have an administrator who:
(1)
Is responsible to the governing body for the administration of the
child-placing agency’s policies and program; and
(2)
Is a graduate of an accredited 4-year college or university, with a
major in social services, psychology, or education, and has had at least 5
years of experience in human services.
(d)
If the administrator is also responsible for casework supervision, then
the administrator shall meet the qualifications of both positions.
(e)
Each child-placing agency shall have a casework supervisor who is
responsible for the provision of child-placing services, foster care services,
or adoption services.
(f)
A casework supervisor shall have either:
(1)
A master’s degree from an accredited school of social work or a field of
study with an emphasis on human service and an equivalent of at least 3 years
of full-time casework experience in a child and family related setting with one
year of this experience in a supervisory capacity; or
(2)
A bachelor’s degree and 5 years of experience in child welfare social
work with 2 years of this experience in a supervisory capacity.
(g)
The child-placing agency applicant shall have written personnel
standards that include:
(1)
Titles for each position defining the salary scale, duties, and lines of
authority;
(2)
Job descriptions and qualifications of the administrator and casework
supervisor which shall meet or exceed the requirements set forth in (c) and (f)
above;
(3)
A description of employee benefits;
(4) Opportunities for growth
through supervision, orientation, in-service training, and staff development
including competency-based courses pursuant to He-C 6446.21;
(5)
Annual evaluations of the work and performance of each staff member that
includes a provision for employee participation in the evaluation process;
(6) A description of the
termination procedures established for resignation, retirement, or discharge;
and
(7)
A grievance procedure for employees.
(h)
The child-placing agency shall prepare agency specific handbooks for
foster and adoptive parent applicants that describe the requirements, policies,
procedures, and forms.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.04)
He-C 6448.06 Maintenance of Records.
(a) The child-placing agency shall
maintain records in a manner that provides for security and confidentiality of
information.
(b)
The child-placing agency shall have written procedures documenting the
storage and access of confidential information, and staff shall be made aware
of these procedures and the need for protection of confidential information.
(c)
Records shall be made available to DCYF personnel on request.
(d) The child-placing agency shall not
make agency records available to qualified researchers or accreditation
agencies unless steps have been taken to preserve the anonymity of children and
families.
(e)
The child-placing agency shall maintain administrative records that
include:
(1) The purpose statement, service population,
and geographic service area of the child-placing agency;
(2) The most recent needs assessment conducted,
pursuant to He-C 6448.08(e);
(3) A complete operating procedure for the
provision of services;
(4) A current listing of personnel, including
volunteers, and an organizational structural diagram noting supervisory
relationships;
(5) The names, addresses, and positions of each
member of the governing body as required by He-C 6448.04(c) and a description
of the duties of each;
(6) The by-laws and articles governing the
operation of the child-placing agency;
(7)
Quarterly minutes of advisory and governing board meetings as described in He-C
6448.05(b)(3);
(8) Written personnel policies and job
descriptions for each employee engaged in child-placing activities and a policy
on the use of volunteers; and
(9) Personnel files for each employee and
volunteer that includes verification of criminal and child abuse registry
checks.
(f)
Each child-placing agency placing children in adoptive homes shall also
maintain permanent case records on adoptive parents that include:
(1) Documents required in He-C 6448.16 (a), (c),
(d), (e), and (f);
(2) A placement agreement, the written document
that specifies the terms of a child’s placement, signed by all individuals upon
placement of a child, including a medical release obtained when the child was
placed;
(3) A written record of post-adoption services
provided, including documentation of the completion of the adoption; and
(4) A written record of services to birth and
legal parents that includes intake information and a description of services
provided.
(g)
Each child-placing agency that places children in foster homes shall
also maintain a permanent case record on each foster home that includes:
(1) The foster home application for licensure as
a foster home;
(2) A copy of the foster home family assessment
performed in accordance with He-C 6448.11(b)-(c);
(3) A copy of the license for the foster home;
(4) Copy of the results of all home monitoring
visits;
(5) A record of the children placed in the foster
home with dates of placement and progress notes for the children; and
(6) A copy of the discharge summary for all
children discharged from the program.
(h)
The child-placing agency shall maintain records for each child for whom
placement services are provided that include:
(1) Written authorization for placement;
(2) Any medical release forms;
(3) If the placement was made as a result of an
interstate compact, documentation required by RSA 170-A:1, Article III;
(4) Written description of the child’s placement
experience;
(5) A description of treatment services provided
for the child and biological family;
(6) Reason for placement;
(7) Documentation of the surrender or termination
of parental rights;
(8) Results of any reviews conducted and progress
notes; and
(9) Written description of the services provided
to any child for whom the planned placement was not made.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.20)
He-C
6448.07 Operational Requirements.
(a) The child-placing agency shall maintain and
make available upon the request of DCYF, all case records, personnel files, and
other agency records as agreed upon by the agency and DCYF.
(b) The child-placing agency shall maintain a
personnel file for each employee that includes:
(1) The
application for employment, including record of previous employment;
(2) A copy of
each educational degree and applicable credential or certification;
(3) A minimum
of 5 written references;
(4) The results
of criminal and central registry checks;
(5) Staff
development attendance; and
(6) Annual
performance evaluations.
(c) The child-placing agency shall not hire or
continue to employ a person whose health, veracity, education, work history, or
behavior and actions impair her or his ability to protect the health and safety
of the children served as determined by:
(1) Completion
of a child abuse registry check with DCYF prior to the employment start date of
new staff members;
(2)
Verification of the applicant’s addresses for the past 5 years;
(3) Review of
criminal, central registry, and motor vehicle checks from all states in which
the applicant has resided during the 5 years prior to the start of employment;
(4) Evaluation
of any arrest, criminal conviction, and motor vehicle checks of an employee for
its impact on employment and on the care and safety of children;
(5)
Verification of the applicant’s qualifications through at least 5
written references; and
(6) Review of a
signed medical statement that the employee can perform the job.
(d) All staff shall maintain confidentiality of
information concerning clients and their records, such as securing files, and
refraining from discussing or disclosing information without authorization or
written consent pursuant to RSA 170-E:34 (c).
(e) Staff members shall be certified or licensed,
if required by law.
(f) The child-placing agency shall maintain
correspondence, records, bookkeeping, and files up-to-date and easily
retrievable.
(g) The child-placing agency shall maintain a
roster of members of its staff listing position, title, and qualifications and
a current organizational chart showing administrative structure and staffing,
including lines of authority.
(h) A child-placing agency that uses volunteers
to work directly with children and families shall:
(1) Have
written job descriptions;
(2) Require 3
personal references;
(3) Designate a
staff member to supervise and evaluate volunteers;
(4) Develop and
implement a written plan for the orientation and training of volunteers in the
philosophy of the child-placing agency;
(5) Require all
volunteers to maintain strict confidentiality concerning clients and records;
and
(6) Complete criminal and central registry checks
pursuant to RSA 170-E:29-a for each
volunteer who has regular contact
with children prior to the volunteer entering service for the child-placing
agency.
(i) The child-placing
agency shall have written procedures for handling suspected incidents of child
abuse and neglect involving staff, foster or adoptive parents, or volunteers
that include:
(1) A provision
for recording a suspected incident and for promptly reporting it to the
agency’s director or to the governing body or advisory board;
(2) A provision
for reporting an allegation of abuse or neglect as described in RSA 169-C:29;
(3) A provision
for preventing a recurrence of the alleged incident pending investigation; and
(4) A provision
for notifying the department of any findings of an investigation of abuse or
neglect.
(j) A child-placing agency shall establish
operational policies and procedures so staff are informed of current adoption
and foster care agency practices and staff can provide services consistently to
clients.
(k) A child-placing agency shall have a written
on-going program of staff development or provide staff the opportunity to
attend training outside of the agency.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.17)
He-C 6448.08 Child-Placing Agency Application
Requirements.
(a) DCYF shall forward an application packet to
child-placing agency applicants meeting the requirements of He-C 6448.04 which
includes the following:
(1)
Form 2611 “Application For Child-Placing Agency License” (October 2019);
and
(2)
A copy of He-C 6448.
(b)
A representative of the governing body of the child-placing agency
applicant shall sign and date the “Certification” of Form 2611 “Application For
Child-Placing Agency License” (October 2019) certifying the following:
“As a representative of the
governing body, I certify that:
The governing body has authority
over and responsibility for the operation and policy of the applicant agency;
The governing body is comprised of
no less than 7 persons who have knowledge of the services provided; and
The governing body does not include
staff members of the applicant agency, not have any proprietary relationship
with liquid or fixed assets of any applicant agency”
(c)
In addition to the requirements in (a) and (b) above, the administrator
of the applicant agency shall sign and date the “Authorization/Statement of
Understanding” of Form 2611 “Application For Child-Placing Agency License”
(October 2019) which affirms:
“I have reviewed Administrative
Rule He-C 6448 and shall adhere to the rule as a licensed child-placing
agency. I hereby acknowledge that DCYF
personnel will be provided with access to the child-placing agency’s case
records, personnel files, and other agency records in accordance with He-C
6448.07(a).
I authorize the NH Division for
Children, Youth and Families (DCYF) to conduct reviews to determine the
agency’s compliance with Administrative Rule He-C 6448. I further understand that DCYF has the right
to verify information contained in this application.
The information contained in this
application is correct to the best of my knowledge.”
(d) In addition to the requirements in (a) – (c)
above, all agency personnel, including volunteers and any member of the
governing board that has regular contact with children, shall submit:
(1) A completed and notarized form “Criminal
History Record Information Release Authorization Form” (DSSP256) directly to
the New Hampshire department of safety – division of state police with Section II completed to authorize the release of the person's
criminal records, if any, to the department; and
(2)
A completed and notarized form 2501 “DCYF Central Registry Name Search
Authorization Release of Information to Third Party” (October 2019) to the
department and the applicant shall certify to the following:
“I acknowledge that the results of
this search can only be released to myself or a Child-Placing Agency pursuant
to NH RSA 170-E, the Department of Health and Human Services pursuant to NH RSA
170-G:8-c, or another state’s Child Welfare Agency or Private Adoption Agency
pursuant to NH RSA 169-C:35. I understand and authorize the results of this
search to be provided to the person/agency listed below if in compliance with
the aforementioned laws. Any entity
below that is not governed under these laws will not be sent the results.”
(e)
In addition to the requirement in (a) – (d) above, the applicant shall
submit documentation of the present need for the proposed child-placing agency
that includes:
(1)
Demographic data;
(2)
Population to be served;
(3)
Geographic area to be served; and
(4)
Documents or statements of requested delivery of service from DCYF or
other child-placing agency such as a request for proposal;
(f)
In addition to the requirements in (a) – (e) above, the applicant agency
shall submit the following attachments with Form 2611 “Application For
Child-Placing Agency License” (October 2019):
(1)
Written statements of philosophy and policy for agency operations that
addresses:
a.
Sexual harassment;
b.
Drug free workplace;
c. Anti-discrimination;
d.
Reporting of child abuse and neglect in accordance with RSA 169-C;
e.
Discipline of children in care;
f.
Confidentiality of files and, records and information gathered in
accordance with RSA 170-E:28, 170-E:29, 170-E:33 and RSA 170-E:42;
g.
Minimum educational or experiential requirements for staff;
h.
Limits on the number of cases per caseworker;
i. Documentation that criminal record and
central registry checks have been obtained on every staff member;
j.
Methodology for assessment and evaluation of programs;
k.
Provisions for the permanent retention of records pertaining to the
placement of children for adoption, including maintenance of such records in
the event that a licensed agency ceases to operate as a licensed child-placing
agency.
l.
The appropriateness, safety, environmental health, and general adequacy
of the premises, including maintenance of adequate fire prevention and health
standards conforming to state laws and municipal codes, to provide for the
physical comfort, health and care of children received;
m.
Provisions for food, clothing, educational opportunities, program,
equipment, and individual supplies to assure the health and the physical and
mental development of children served;
n.
Provisions to safeguard the legal rights of children served;
o.
Maintenance of records pertaining to the admission, progress, health and
discharge of children;
p.
Filing of reports with the department, including format, frequency, and
content of such reports;
q.
Protection and fostering of the particular religious faith of the
children served, where applicable;
r.
Duties and responsibilities of the board of directors or other governing
body of the child-placing agency with respect to compliance with residential
care and child-placing agency Licensing beginning at RSA 170-E:24 and the
related standards according to He-C 6448.
(2)
Written personal standards that include:
a.
Titles for each position defining the salary scale, duties, and lines of
authority;
b.
Job descriptions and qualifications of the administrator and casework
supervisor which shall meet or exceed the requirements set forth in He-C
6446.04 (c) and (f);
c.
A description of employee benefits;
d.
Opportunities for growth through supervision, orientation, in-service
training, and staff development including competency-based courses pursuant to
He-C 6446.19;
e.
Annual evaluations of the work and performance of each staff member that
includes provision for employee participation in the evaluation process;
f.
A description of the termination procedures established for resignation,
retirement, or discharge; and
g.
A grievance procedure for employees.
(g) In addition to the requirements in (a) – (f)
above, the applicant agency shall submit the following attachments with Form
2611 “Application For Child-Placing Agency License” (October 2019):
(1)
A copy of the child-placing agency applicant’s charter, articles of
incorporation, by-laws, or other policy documents demonstrating the legal
authority for operating in NH;
(2)
A copy of the most recent needs assessment conducted pursuant to He-C
6448.08(e);
(3)
Copy of a Certificate of Good Standing from the New Hampshire secretary
of state;
(40
Fee schedules for adoption services provided by the child-placing
agency;
(5)
For child-placing agencies in operation for at least 3 years, attach a
copy of the most recent audited financial statements, and budgets for the last
3 years;
(6)
For child-placing agencies in operation for less than 3 years, attach
documentation of funding source, budget, staffing, fee schedules and
contingency funds that demonstrates that the agency has the fiscal capacity to
operate for at least 6 months;
(7)
A copy of the agency specific handbook for foster and adoptive parent
applicants that describe the requirements, policies, procedures, and forms; and
(8)
A copy of the current listing of personnel, including volunteers, and an
organizational structural chart noting supervisory relationships and the
reporting hierarchy of the child-placing agency.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19
He-C 6448.09 Issuance of Child-Placing Agency License.
(a)
The commissioner shall approve the child-placing agency for a license in
accordance with RSA 541-A:29 and when:
(1)
The child-placing agency applicant has complied with He-C 6448.04-08;
(2)
A review of the criminal and central registry records checks by DCYF
staff find that no employee poses a known threat to any child;
(3)
The child-placing agency has demonstrated, through the documentation
required by He-C 6448.08(e), that a present need for the services being offered
exists; and
(4)
The documentation provided in accordance with He-C 6448.08(e)
demonstrates that the child-placing agency has the ability to accommodate the
present needs for services identified in (3) above.
(b)
Upon approval as described in (a) above DCYF shall forward to the
child-placing agency applicant a written certificate that includes:
(1)
The name and address of the child-placing agency;
(2)
The effective dates of the license;
(3)
The parameters of service the child-placing agency is approved for such
as adoption, foster care and family home assessments included in the license
approval;
(4)
Type of child placement;
(5)
Number of the license as issued by the department; and
(6)
The signature of the director of DCYF.
(c)
The child-placing agency license shall be valid for 4 years.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.06)
He-C 6448.10 Provision of Foster Care Services.
(a)
The department or any licensed child-placing agency shall place a child
only with another licensed child-placing agency.
(b)
A child-placing agency shall not place a child in the custody,
guardianship, or supervision of DCYF in an unlicensed foster home.
(c)
A child-placing agency shall not place a child without the written
authorization of the parents, agency, or other person with the legal authority
to provide the authorization.
(d)
In addition to the information required by He-C 6448.06(h), the
child-placing agency shall obtain, record, and maintain the following
information in the child’s case record:
(1)
The full name of the child and his or her residence prior to being
placed in care;
(2)
Date and place of the child’s birth;
(3)
The sex of the child;
(4)
The child’s social security number, when available;
(5)
The names, addresses, telephone numbers, occupations, marital status,
and ethnicity of the parents;
(6)
How the parents can be reached in the event of an emergency;
(7)
The names, ages, sex, and relatedness of siblings, and addresses when
known;
(8)
The legal custody and guardianship status of the child;
(9)
The religion of the child;
(10) The educational status of the child;
(11) The medical history insofar as available, for
the child and the parents;
(12) The medical insurance information;
(13) A signed authorization for placement and a
signed release for ordinary and emergency medical care;
(14) The particular needs of the child and how the
child-placing agency can meet them, including a plan for reunification with the
birth parents or some other permanency plan which provides the child with a
stable, permanent home; and
(15) The life history of the child up to the time
of placement.
(e)
The case work staff shall visit each foster family home which has a
child in care:
(1) Within 10 working days after the child’s
placement;
(2) At least once a month or in accordance with
the child’s case plan and the family’s need for supervision and support; and
(3) Submit progress reports, as required by the
Interstate Compact on the Placement of Children (ICPC) for all interstate
placements to:
DCYF Deputy
Compact Administrator
129 Pleasant
Street
Concord, NH 03301
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.07)
He-C
6448.11 Foster Family Applicant
Services.
(a) Application and licensing of foster family
homes shall be in accordance with He-C 6446.
(b) A child-placing agency shall have a written
description of its application process to determine the suitability of a family
for foster care including all requirements in He-C 6446.03.
(c) The child-placing agency shall conduct a
family assessment of the foster family which:
(1) Includes a minimum of 3 meetings with the
prospective parent(s) at least 2 visits made to the home;
(2) Consists of individual and joint meetings
with all household members;
(3) Shall be completed within 120 days of the
date that the application and all required documentation as described in He-C
6446.04 were received, unless the applicants agree in writing that the
child-placing agency may extend the time allowed to complete the family
assessment; and
(4) Provides written results to the applicant of
the foster family assessment within 30 days after completing the family
assessment.
(d) The child-placing agency shall prepare a
written family assessment as described in He-C.6446.12.
(e) In accordance with He-C 6446.11, home visits
shall be held in the foster home with representatives of the child-placing
agency prior to the issuance of a permit or a license.
(f) The minimum requirements for acceptance of
foster family applicants shall be in accordance with He-C 6446.05 and the
following:
(1) Foster parent applicants, whether married or
single, shall have established a stable and consistent home life in that the
applicant is self-sufficient and has adequate support systems, such as extended
family and friends in the community who are able to assist the family;
(2) The foster parent applicants shall
demonstrate good physical and emotional health, as required in He-C 6446.07(e);
(3) The foster home shall conform to the
requirements set forth in He-C 6446.10; and
(4) The foster parent applicant shall:
a. Not have a
court finding related to child abuse or neglect or any other serious crime that
would affect the ability to care for children; or
b. When a
founded report is on file, have been determined by DCYF to no longer pose a
threat to any child in accordance with He-C 6448.16(d)(4)b.
(g) The decision to recommend approval of a
family for licensure for a foster home shall be that of the child-placing
agency’s professional case work staff including at least 2 persons being
involved in the decision.
(h) A child-placing agency shall inform each
applicant in writing of its decision on the application within 120 days from
the date that the completed application and all required documents are
received.
(i) After following
the child-placing agency’s appeal process, any applicant who is denied
licensure may follow He C 6446.30 to appeal the decision. All records shall
then be given to DCYF for review.
(j) Pursuant to He-C 6446.13, the foster family
applicants shall complete pre-licensing training prior to the issuance of a
license.
(k) The
child-placing agency shall conduct a re-licensing evaluation of its foster
families prior to the expiration of the current license, pursuant to He-C
6446.16.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11
(from He-C 6448.12), EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.08)
He-C 6448.12 Services to Foster Family Providers.
(a)
The child-placing agency caseworker
may perform announced or unannounced meetings with the foster family in
the foster home.
(b)
The child-placing agency shall monitor and ensure that foster parents
obtain at least the minimum amount of training required pursuant to He-C
6446.21 or He-C 6355.16.
(c)
The child-placing agency shall assign licensing staff to each permitted
or licensed foster family to monitor licensing requirements.
(d)
The child-placing agency shall notify foster parent(s) that the foster
parent stipend is a reimbursement for the care of the child and not a payment
to the foster parent(s).
(e) Within 7 working days of the termination of a
placement, the child-placing agency shall contact the foster parents to provide
support and resolve any remaining issues relative to the child leaving the
home.
(f)
The child-placing agency shall provide foster family care providers with
an agency-specific foster parent handbook in an electronic or paper format
informing them of policies, procedures, and forms which are relevant to its
specific agency.
(g) The child-placing agency shall ensure the
foster family provider complies with the record keeping and confidentiality
requirements of He-C 6446.25.
(h)
The child-placing agency may recommend, in writing, to DCYF that a
foster family license be revoked, pursuant to He-C 6446.29.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11
(from He-C 6448.11), EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.09)
He-C 6448.13 Services to Children in Foster Care.
(a)
The child-placing agency shall ensure that the child being placed is in
a program appropriate to his or her needs according to the provisions of He-C
6446.
(b)
Siblings shall be placed together when possible.
(c)
The child-placing agency shall encourage contact between birth parents
and children during foster care in accordance with the case plan.
(d)
The child-placing agency shall encourage contact between birth parents
and foster parents while the child is in foster care in accordance with the
child’s case plan.
(e)
When a child with a legal relationship with DCYF has been placed in a
foster home, the foster parent shall notify the child-placing agency and DCYF:
(1) Within one working day of any incidents
related to the child’s psychological or medical well-being such as an accident
requiring medical care or unusual aggressive or abusive behavior by the child;
or
(2) Immediately in the event of:
a. The death of a child in care;
b. The hospitalization of, or serious illness or
injury to, a child in care;
c. The unauthorized absence from the foster home
of a child in care; or
d. The unplanned child care arrangements for a
child in care if the arrangements are to care for a child in excess of 24
hours.
(f)
The child-placing agency shall report any incidents described in (c)
above to the child’s DCYF child protection service worker or supervisor upon
any such notification.
(g)
When the child-placing agency requests discharge of a child with a legal
relationship with DCYF from the child placing agencies foster care program, the
child-placing agency shall discharge a child only:
(1) After providing 2 weeks prior notice of the
discharge to all parties, including DCYF, the foster family, and the birth
family, except in emergencies;
(2) By order of the court; or
(3) Upon the recommendation of DCYF, or persons
having legal custody of the child;
(h)
After discharge, the child-placing agency shall complete and submit a
discharge summary to DCYF and file a copy in the child’s case record, which
includes at a minimum, the following:
(1) The name and address of the person, persons,
or agency to whom the child was discharged;
(2) Date of discharge; and
(3) Reason for discharge; and
(i) The child-placing agency shall provide
information and recommendations to DCYF for aftercare planning.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.10)
He-C 6448.14 Provision of Adoption Services.
(a)
The primary focus of the adoption program shall be to protect the rights
of the children, birth and legal parents and potential adoptive parents and to
meet the needs of the children for whom the child-placing agency accepts
responsibility by offering services to the child, birth and legal parents, and
the adoptive parents.
(b)
The child-placing agency shall explain the eligibility requirements of
the agency to persons seeking to apply to adopt including:
(1) Residence;
(2) Age;
(3) Religion;
(4) Health;
(5) Composition of the family; and
(6) Financial ability to provide care for the
child.
(c)
The child-placing agency shall explain to the person wishing to apply to
adopt the child-placing standards for:
(1) Adoption family assessment as described in
He-C 6448.16 (c);
(2) Training as described in He-C 6448.17;
(3) Services to pre-adoptive parents and children
as described in He-C 6448.18; and
(4) Post-adoption services as described in He-C
6448.19.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.11)
He-C 6448.15 Services to Birth Parents Considering
Adoption.
(a)
Prior to making an adoption plan for the child, the child-placing agency
shall offer adoption counseling to birth parents.
(b)
The child-placing agency shall help the parent assume or resume her or
his parental role and responsibilities when the parent no longer wants to make
an adoption plan.
(c)
The child-placing agency shall help the birth family gain access to the
services necessary to preserve and strengthen the family and to accomplish the
family’s goals. When the child is in
foster care, the agency shall assist the parent with the issues that brought
about the need for placement.
(d)
The child-placing agency shall encourage contact between birth parents
and children during foster care in accordance with the case plan.
(e)
The child-placing agency shall encourage contact between birth parents
and foster parents while the child is in foster care in accordance with the
child’s case plan.
(f)
Child-placing agencies providing adoption services shall not accept a
child into care without a signed agreement with the parents of the child that
includes:
(1) The expectations and responsibilities of the
child-placing agency;
(2) The expectations and responsibilities of the
parents;
(3) The financial arrangements for the child; and
(4) Visitation plans.
(g)
When appropriate to the case plan, the child-placing agency shall refer
the child’s family to other agencies in the community providing appropriate
services.
(h)
When the child’s family has been referred to a community agency as
described in (g) above, the child-placing agency shall maintain communication
with the agency providing the services, contingent on a signed release of
information from the child’s parent or
guardian.
(i) The child-placing agency shall document
efforts to obtain a signed release of information from a child’s parent or
guardian in order to maintain communication in (h) above.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.12)
He-C 6448.16 Adoption Family Application.
(a)
During the adoption family application process, the child-placing agency
shall obtain:
(1) A signed application as provided by the
child-placing agency;
(2) A signed
medical statement from a licensed physician, physician’s assistant, or nurse
practitioner on each applicant based on an examination given within one
year of the application;
(3) A financial statement which includes:
a. The monthly income available to the household
from all sources including adoption subsidies for children with special needs;
b. Monthly expenses such as rent or mortgage,
food, clothing, utilities, insurance, loan and credit card payments; and
c. Assets such as savings, investments, and real
estate;
(4) Information on the adoptive parent
applicants’ religious preferences, if any; and
(5) A minimum of 5 personal references provided
by persons who have known the applicants for at least 2 years, one of whom is a
relative and the remaining 4 unrelated to the applicant by blood or marriage.
(b)
The child-placing agency shall provide the adoptive family applicant
with an agency-specific adoptive family handbook informing them of policies,
procedures, and forms, which are relevant to its specific agency.
(c)
A family assessment and application shall be completed as described in
He-C 6446.04-.13 for an adoptive applicant family which:
(1) Includes at least 3 meetings with at least
one meeting in the home;
(2) Consists of individual and joint meetings,
when applicable, with the couple;
(3) Involves all adults and children of
sufficient understanding in the household;
(4) Shall be completed within 120 days of the
date that the application and all required documents were received, unless the
applicants agree in writing that the child-placing agency may extend the time
allowed to complete the family assessment;
(5) Provides written results to the applicant of
the adoptive family assessment within 30 days after completing the family
assessment; and
(6) Includes consideration of the following
factors to assess the adoptive parent applicant’s compatibility with a child
and any problems the adoptive parent applicants might encounter following the
adoption:
a. The adoptive parent applicants’ motivation to
adopt;
b. If applicable,
how the adoptive parent applicants have dealt with issues of their infertility;
c. The adoptive
parent applicants’ expectations of the child and preferred child
characteristics; and
d. The adoptive
parent applicants’ feelings about adoption and how adoption will be explained
to the child, including:
1.
Searches for birthparents or other relatives;
2.
Reunification with birthparents or other relatives;
3.
Open adoption which is the private and non-legally binding agreement
between birth parents that the adoptive child can remain in contact with the
birth parents or other biological relatives;
4.
Attitude toward parents who place their child for adoption; and
5.
The background of the child.
(d)
The minimum requirements for acceptance of the adoptive parent
applicants shall be as follows:
(1) Each adoptive parent applicant shall be at
least 18 years of age;
(2) Each prospective adoptive parent shall
confirm their commitment to adopt;
(3) The adoptive parent applicant shall not have
been convicted of child abuse or neglect or any other serious crime that would
affect the ability to care for children;
(4) The adoptive parent applicants and all
household members shall be screened by the department, pursuant to RSA
170-B:18, VII , for any founded reports of child abuse or neglect on file with
DCYF, and:
a. If a founded report is on file for any member
of the adoptive parent applicant’s household, DCYF staff in cooperation with
staff from the child-placing agency shall conduct a complete review of the
circumstances surrounding the report; and
b. After review, if DCYF determines that the
household member poses no further threat to any child, the child-placing agency
shall proceed with the application process;
(5) Adoptive parent applicants, whether married
or single, shall have established a stable and consistent home life in that the
applicant shall be self-sufficient and shall have adequate support systems such
as extended family and friends in the community who are able to assist the
family;
(6) The applicants shall demonstrate good
physical and emotional health, with a reasonable expectation that the good
health will continue throughout the minority of the child;
(7) Sufficient physical space and accommodations
in the home shall exist for the adoptive child; and
(8) The applicants shall have sufficient income
to support the family and the child they wish to adopt.
(e)
Approved adoptive families who have waited a year for a placement shall
have an annual home visit and family assessment update which includes:
(1) Any changes to the original family
assessment;
(2) An update of the household members medical
health;
(3) Updated criminal checks for all household
members; and
(4) Updated child protective services checks for
child abuse or neglect.
(f)
Adoptive parents must wait at least 6 months after the placement of a
child for adoption, and until the adoption is final before submitting an
application for an additional unrelated child or children. The requirements in
(a)-(d) above shall apply to applications and family assessment for additional
children.
(g)
A child-placing agency shall approve a home as an adoptive home if the
completed application and assessment demonstrate that the adoptive applicant
can provide care in compliance with the requirements of RSA 170-B:18.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.13)
He-C 6448.17 Pre-Adoptive Training.
(a)
Pre-adoptive training shall consist of at least 8 hours of training that
covers:
(1) The adoption process;
(2) The impact of early and prenatal trauma on
child development;
(3) Understanding a child’s behaviors;
(4) Grief and loss;
(5) Developmental stages;
(6) The family unit from which the child entered
the adoptive process;
(7) The impact of adoption on the family and
community; and
(8) Race and culture.
(b)
Pre-adoptive training shall be completed in its entirety:
(1) During the family assessment process; and
(2) Prior to approving a family for adoption.
(c)
Status of training shall be documented and kept on file by the
child-placing agency and include:
(1) Dates;
(2) Hours completed; and
(3) Topics covered.
(d)
Pre-adoptive training described in (a) above shall be optional when:
(1) The adoptive parent applicant has already
taken the training as a result of a previous adoption; or
(2) The adoptive parent applicant is a relative
per, RSA 170-B:2 XV of the child who has lived with the child for at least 6
months.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.14)
He-C 6448.18 Services to Pre-Adoptive Parents and
Children to be Adopted.
(a)
Child-placing agency providing adoption services shall not accept a
child for care with adoption as the permanent plan unless the child-placing
agency:
(1) Has first confirmed with the birth parent(s)
that acceptance of the child for care is desired by both of them, and that it
is in the child’s best interests;
(2) Has a reasonable expectation that the child
can be legally surrendered and released for adoption;
(3) Has sufficient casework services to assist
the parents surrendering the child in a decision regarding the future of the
child, including full exploration of the alternatives available to all
individuals; and
(4) Establishes a clear understanding between the
child- placing agency and the prospective adoptive parent of the temporary
nature of the placement.
(b)
The child-placing agency shall consider the following factors to ensure
appropriate adoptive placements in which the adoptive parents are best able to
meet the needs of the child:
(1) The developmental and medical history of the
child;
(2) The mental and physical health history of the
biological family;
(3) The child’s religious practices;
(4) Psychological, social, and cultural factors
regarding the child and the family;
(5) The legal custodial status of the child;
(6) The ability of the child to accept adoption;
and
(7) Inter-relationships among the child, the
biological family, and the adoptive family.
(c)
The child-placing agency shall approve an adoptive family applicant if
the completed application demonstrates that the applicant can provide care in
compliance with the requirements of RSA 170-B and He-C 6448.
(d)
The child-placing agency caseworker may perform announced or unannounced
home visits with the adoptive family in the adoptive home.
(e)
The following shall be required in preparation of the child for adoptive
placement:
(1) Except in accordance with (2) below, a child
shall not be placed for adoption until all legal impediments have been
removed;
(2) A child may be placed in a legal risk
adoption home that has been approved for pre-adoptive placement when the
child’s permanent plan is adoption but the child has not been surrendered for
adoption or has not been the subject of a completed petition;
(3) The child-placing agency shall formally
advise pre-adoptive parents in writing of the nature and extent of any legal or
medical risks;
(4) A child shall not be placed in an adoptive
home until the home has been approved by a licensed child-placing agency or the
department;
(5) All interstate placements shall be done in
compliance with RSA 170-A;
(6) The child-placing agency’s caseworker shall:
a. Review all available information about the
child and family prior to placement;
b. Ensure that the placement is accomplished
with a minimum of trauma to the child;
c. Help the child understand the reasons for
placement and prepare the child for the new environment as determined by the
developmental stage of the child;
d. Conduct pre-placement visits prior placing
the child to the pre-adoptive home, except for infants or when placing under
emergency conditions to ensure the needs
of the child and family are met;
e. Arrange for a physical examination performed
by a physician, physician’s assistant, or nurse practitioner for each child in
care at the time of placement or within 30 days of placement, unless there is
written documentation of a physical examination within the 12 months preceding
placement; and
f. Obtain and record, or update an
existing, developmental history for each
child in care; and
(7) The child-placing agency that has custody of
the child or to whom a child is surrendered and released shall be responsible
for carrying out the provisions of this section.
(f)
Following placement of the child, the caseworker shall:
(1) Contact the adoptive family, by phone or in
person, within 3 weeks of placement;
(2) Meet in person with the adoptive family and
the child(ren) one month after placement and at least once every 2 months
thereafter until the adoption is finalized or until at least 3 visits have been
completed;
(3) Conduct at least 2 of the home visits
required in (2) above in the home of the adoptive family;
(4) Submit post placement supervisory reports to
the DCYF ICPC office for all interstate adoption placements as required in He-C
6448.10(e)(3); and
(5) For foreign adoptions:
a. Meet in person with the adoptive family and
the child(ren) within one month of the placement;
b. Complete at
least 3 post placement visits in total; and
c. Make additional visits with the family and
the child(ren) if required by the foreign country or the child placing agency
responsible for the child.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.15)
He-C 6448.19 Provision of Post-Adoption Services.
(a)
Post-adoption services shall be provided to the adoptive families by the
child-placing agency:
(1) Upon request by the adoptive family; or
(2) When required for the adoptive family by any
referring domestic or international agency.
(b)
Post-adoption services that support the adoptive family shall include,
but not be limited to:
(1) Individual, family, or group counseling;
(2) Recreational activities;
(3) Opportunities to meet other adoptive
families; and
(4) Searches for birth parents or other
relatives.
(c)
When the child-placing agency does not directly provide post-adoptive
services as described in (b) above, the child-placing agency shall provide
referral information to adoptive families for post-adoption services.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.16)
He-C 6448.20 Renewal of License.
(a)
At least 90 days prior to license expiration, DCYF shall forward an
application packet to child-placing agency applicants meeting the requirements
of He-C 6448.04 which includes the following:
(1)
Form 2611 “Application For Child-Placing Agency License” (October 2019);
and
(2)
A copy of He-C 6448.
(b)
In addition to complying with the requirements in He-C 6448.08(b)
– (e), the child-placing agency shall submit only those attachments listed in
He-C 6448.08(f) and (g) that were updated or revised by the child-placing
agency since the last application submission.
(c)
The commissioner shall approve the child-placing agency for the renewal
of a child-placing agency license when:
(1) The child-placing agency applicant has
complied with (a) and (b) above;
(2) A review of the criminal and central registry
records checks by DCYF staff find that no employee poses a known threat to any
child;
(3) The child-placing agency has demonstrated,
through the documentation required by He-C 6448.08(e), that a present need for
the services being offered exists; and
(4) The documentation provided in accordance with
He-C 6448.08(e) demonstrates that the child-placing agency has the ability to
accommodate the present needs for services identified in (3) above.
(c)
Upon approval as described in (b) above DCYF shall forward to the
child-placing agency applicant a written certificate that includes:
(1) The name and address of the child-placing
agency;
(2) The effective dates of the license;
(3) The type of service programs the
child-placing agency has received license approval for, including one or more
of the following:
a. International adoption;
b. Domestic adoption;
c. Adoption family assessments;
d. Foster care family assessments; or
e. Foster care,
(4) Type of child placement;
(5) Number of the license as issued by the
department; and
(6) The signature of the director of DCYF.
(d)
The child-placing agency license shall be valid for 4 years.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.18)
He-C
6448.21 Annual Monitoring and
Reporting.
(a)
A completed form 2648 “Child-Placing Agency Annual Report” (October
2019) shall be submitted by a licensed child-placing agency to DCYF one year
from the date of the initial issuance of the child-placing agency license and
at the anniversary date for every year the child-placing agency continues to be
licensed.
(b) Form 2648
“Child-Placing Agency Annual Report” (October 2019) shall be available on
https://www.dhhs.nh.gov/dcyf/adoption/index.htm for downloading.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.19)
He-C 6448.22 Notice of Changes in Child-Placing Agency
License Status.
(a)
The child-placing agency shall notify DCYF in writing at least 90 days
prior to a planned change that affects its service to children or families.
(b)
Changes shall include, but not be limited to:
(1) A change of ownership or sponsorship of the
child-placing agency;
(2) A change in the name or location of the
child-placing agency;
(3) A change in the administrator or casework
supervisor; and
(4) A change in the services provided to children
and families or in the population served.
(c)
When an unplanned change occurs, the child-placing agency shall provide
written notification to DCYF no more than 30 days after its occurrence.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.21)
He-C 6448.23 Professional Courtesy. A child-placing agency may request use of an
appropriate and available licensed foster family home of another licensed
child-placing agency as needed for a specific child or children.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.22)
He-C 6448.24 Applications by Employees of Child-Placing
Agency to Adopt or Obtain a Foster Family Home License. Persons employed by a child-placing agency
who wish to adopt or obtain a foster family home license shall:
(a)
Apply, pursuant to He-C 6446.03- He-C 6446.12, to a licensed
child-placing agency other than the one where they are employed; and
(b)
Receive services from a child-placing agency other than where they are
employed.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.23)
He-C 6448.25 Orders to Comply.
(a)
The department shall issue a written order to comply if the
child-placing agency violates the requirements in He-C 6448 and the violation
is not related to the health, safety, or well-being of the child in care.
(b)
The written order to comply shall:
(1) Specify the requirements of He-C 6448 alleged
to have been violated by the child-placing agency;
(2) Advise that the child-placing agency has 60
days from the date of the order to comply to correct the violation(s); and
(3) Specify the action the department will take
with regard to the license if the child-placing agency fails to correct the
alleged violations specified in the order to comply.
(c)
Following receipt of the order to comply, the child-placing agency shall
jointly with the department develop a corrective action plan to correct the
violations(s).
(d)
The child-placing agency shall not accept any additional children in
care, children for respite care, or children in a pre-adoptive placement:
(1) Prior to the development of a corrective
action plan;
(2) After receiving an order to comply as
specified in (c) above; or
(3) During an ongoing investigation of alleged
child abuse or neglect.
(e)
The department shall revoke the license or permit of the child-placing
agency if the alleged violations specified in the order to comply are not
corrected within 14 calendar days of the date of the order to comply following
notice and an opportunity for a hearing as provided in He-C 200 and RSA
170-E:36.
(f)
If the violations specified in the written notice present a risk to the
health or safety of any child in care, the department shall immediately, with
any court approval required by law, remove the child in care from the foster
home or pre-adopt home without issuing an order to comply.
(g)
If a report of child abuse or neglect has been founded against a foster
or pre-adopt parent while the child was placed with the family, the department
shall revoke a permit or license without issuing an order to comply, if the
department’s investigation finds that the child-placing agency:
(1) Had knowledge of the allegation and did not
report it to the department in accordance with RSA 169-C;
(2) Did not take appropriate action to protect
the health or safety of the child in care;
(3) Interferes or is uncooperative with the
investigation; or
(4) Has violated the standards set forth in law
or rule.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.24)
He-C 6448.26 Denials and Revocations.
(a)
In addition to the reasons for denial specified in RSA 170-E:35, the
department shall deny an application for a child-placing agency license if the
child-placing agency applicant:
(1) Does not fully comply with the child-placing
agency licensing requirements in He-C 6448;
(2) Furnishes false information, makes false or
misleading statements, or omits information in statements or submissions to the
department when such actions impact credibility of the child-placing agency and
safety of the children in care;
(3) Had a child-placing agency license revoked;
(4) From the information provided pursuant to
He-C 6448 presents a set of qualifications which, when taken as a whole, does
not affirmatively show a commitment to the purposes of child-placing agency;
(5) Violates the provisions of the license;
(6) Refuses to submit or make available the
written reports required for licensing or re-licensing in accordance with He-C
6448.06, He-C 6448.07, He-C 6448.20, and He-C 6448.21;
(7) Refuses or does not submit to a child abuse
and neglect report investigation;
(8) Refuses or does not admit authorized
personnel for the purpose of a complaint investigation;
(9) Does not work cooperatively with DCYF and
acts in a manner which endangers the health, safety and welfare of the child;
or
(10)
Has unresolved, substantiated, written complaints from consumers or others
regarding inadequate provision of service.
(b)
When the department revokes, denies, or refuses to renew a license to
operate a child-placing agency the department shall, pursuant to RSA 170-E:36,
I, send to the applicant, or licensee, by registered mail, a notice which sets
forth the reasons for the determination.
(c)
Pursuant to RSA 170-E:36, I, the denial or revocation shall become final
10 days after receipt of the notice unless the applicant or licensee requests a
hearing pursuant to He-C 6448.28.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.25)
He-C 6448.27 Waivers.
(a)
To obtain a waiver a child-placing agency applicant or licensed
child-placing agency shall submit a written request to the department.
(b)
Waiver requests shall include:
(1) The specific rule for which a waiver is
requested;
(2) The anticipated length of time the waiver
will be needed;
(3) The reason for requesting the waiver;
(4) How the waiver will affect the client
services provided;
(5) A written plan detailing how the alternative
will satisfy the objective and intent of the rule by maintaining the provision
of services and quality of care without negatively impacting the health or
safety of the individual(s); and
(6) The signature of the person requesting the
waiver.
(c)
The department shall not accept any request for a waiver of any of the
provisions of RSA 170-E, any other statute referred to in this part, or rules
of any other state agency.
(d)
A request for a waiver shall be granted after the commissioner
determines that the alternative proposed by the applicant or licensee meets the
objective or intent of the rule, and:
(1) Does not negatively impact the health,
safety, and welfare of the child in placement; or
(2) Is administrative in nature and does not effect the quality of care.
(e)
The department shall deny a waiver when any of the following occurs:
(1) The request does not comply with (a)-(c)
above;
(2) The department finds that approval of the
requested waiver will jeopardize the health or provision of quality services to
children and families; and
(3) The department finds that the compliance plan
does not satisfy the intent of He-C 6448.
(f)
DCYF shall make recommendations for waivers to He-C 6448 to the
commissioner or designee.
(g) All waivers shall be reviewed, pursuant to
this section upon a child-placing agency’s renewal according to He-C 6448.20.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.26)
He-C 6448.28 Appeals.
(a)
Pursuant to RSA 170-E:36, II, any applicant or licensee aggrieved by a
decision of the department to revoke, deny, or refuse to renew a license
request may appeal to the commissioner through the hearing process established
by He-C 200.
(b)
Pursuant to RSA 170-E:36, IV, rehearings, and
appeals from a decision of the hearings officer shall be in accordance with
He-C 200.
(c)
Pursuant to RSA 170-E:37, any person aggrieved by a decision rendered
after a hearing held or an appeal brought under RSA 170-E:36, IV, may appeal
the decision to the superior court.
Source. #7866, eff 4-2-03; ss by #9895, eff 4-2-11,
EXPIRED: 4-2-19
New. #12767, INTERIM, eff 5-2-19, EXPIRES:
10-29-19; ss by #12911, eff 10-24-19 (formerly He-C 6448.27)
PART He-C 6449 -
RESERVED
PART He-C 6450
EXPERIENTIAL/WILDERNESS FACILITY LICENSING REQUIREMENTS - EXPIRED
APPENDIX A: Incorporation by Reference Information
|
Rule |
Title |
Publisher; How to Obtain; and Cost |
|
He-C 6446.04(g)(4), .16(c), .29(c)(5), .29(d)(10) |
Foster Child Bill of Rights (1983) |
Publisher: National Foster Parent
Association, 1202 Westrac Drive, Suite 400, Fargo,
ND 58103 Available free of charge at: http://nfpaonline.org/page-1105707 |
|
He-C 6446.14(h) |
“National Model
Foster Family Home Licensing Standards” (February 2019) |
Publisher: U.S. Department of Health and
Human Services, Administration on Children, Youth and Families Cost: Free to the public The incorporated document is available: https://www.acf.hhs.gov/sites/default/files/documents/cb/im1901.pdf
|
APPENDIX B
Foster Child Bill
of Rights
Ratified in
Congress Hall, Philadelphia
Saturday, the
Twenty-eighth of April, Nineteen Hundred and Seventy Three
Reaffirmed during
the National Focus on Foster Care Conference, Norfolk Virginia
Wednesday, the
Fourth of July, Nineteen Hundred and Eighty Three
Even more than for
other children, society has a responsibility, along with parents, for the
well-being of children in foster care.
Citizens are responsible for acting to insure their welfare.
Every child in
foster care is endowed with the rights inherently belonging to all
children. In addition, because of the
temporary or permanent separation from, and loss of, parents and other family
members, the child requires special safeguards, resources, and care.
EVERY CHILD IN
FOSTER CARE HAS THE INHERENT RIGHT:
Article the first
....... to be cherished by a family of his own, either his family helped by
readily available services and supports to resume his care, or an adoptive
family or, by plan, a continuing foster family.
Article the second
....... to be nurtured by foster parents who have been selected to meet his
individual needs, and who are provided services and supports, including
specialized education, so that they can grow in their ability to enable the
child to meet his potentiality.
Article the third
....... to receive sensitive, continuing help in understanding and accepting
the reasons for his own family's inability to take care of him, and in
developing confidence in his own self-worth.
Article the fourth
....... to receive continuing loving care and respect as a unique human
being...a child growing in trust in himself and others.
Article the fifth
....... to grow up in freedom and dignity in a neighborhood of people who
accept him with understanding, respect and friendship;
Article the sixth
....... to receive help in overcoming deprivation or whatever distortion in his
emotional, physical, intellectual, social and spiritual growth may have
resulted from his early experiences.
Article the
seventh ....... to receive education, training, and career guidance to prepare
him for a useful and satisfying life.
Article the eighth
....... to receive preparation for citizenship and parenthood through
interaction with foster parents and other adults who are consistent role
models.
Article the ninth
....... to be represented by an attorney-at-law in administrative or judicial
proceedings with access to fair hearings and court review of decisions, so that
his best interests are safeguarded.
Article the tenth
....... to receive a high quality of child welfare services, including
involvement of the natural parents and his own involvement in major decisions
that affect his life.
APPENDIX C
|
RULE |
STATUTE |
|
|
|
|
He-C 6420.01 |
RSA 170:E; RSA
170-G:4; 42 CFR 435.1009 |
|
He-C 6420.02 |
RSA 170-G:4,III;
RSA 170-E:25, II & VIII; 42 CFR 440:130; 42 CFR 434.2, 434.12 |
|
He-C 6420.03 |
RSA 169-B |
|
He-C 6420.04 |
42 CFR 440.130;
RSA170-G:4 |
|
He-C 6420.05 |
RSA 170-E:25-49;
RSA 329; RSA 326-B:1; RSA 329-B |
|
He-C 6420.06 |
42 CFR 440.50,
110, and 130; 42 CFR 441.50 & Part 441, subpart B |
|
He-C 6420.07 |
RSA 170-E; RSA
170-G:4; 42 CFR 435.1009 |
|
He-C 6420.08 |
RSA 170-G:4,
VIII; 42 CFR 435.1009 |
|
He-C 6420.09 |
RSA 170-E; RSA
170-G:4 |
|
He-C 6420.10 |
RSA 151 |
|
He-C 6422.01 He-C 6422.24 |
RSA 170-G:4,
XVII, “to establish rates for [residential placements] which are paid for by
the department pursuant to RSA 169-B:40, 169-C:27, [and] 169-D:29” |
|
He-C 6423 |
RSA 170-E:34,
I(f) |
|
He-C 6429.01 |
RSA 132-A:5 |
|
He-C 6429.02 |
RSA 132-A:1 |
|
He-C 6429.03 |
RSA 132-A:2 |
|
He-C 6429.04 –
6429.05 |
RSA 132-A:3; RSA
132-A:4 |
|
He-C 6429.06 |
RSA 132-A:5 |
|
He-C 6430.01 |
RSA 169-C:3-a,
I; RSA 169-C:35 |
|
He-C 6430.02 |
RSA 169-C:3-a,
I; RSA 169-C:35, II; RSA 170-G:8-a |
|
He-C 6430.03 |
RSA 169-C:3; RSA
169-C:3-a, I; RSA 169-C:35, II |
|
He-C 6430.04 |
RSA 169-C:3-a,
I; RSA 169-C:28; RSA 169-C:35; RSA 170-G:8-a; RSA 541-A:30-a; RSA 541-A:31 |
|
He-C 6430.05 |
RSA 169-C:3-a,
I; RSA 169-C:35-a, III; RSA
169-C:35, II; RSA 169-C:35, VI; RSA 170-G:8-a; RSA 170-G:8-a, I(c); RSA
170-G:8-c |
|
He-C 6430.06 |
RSA 169-C:3-a,
I; RSA 169-C:34, II(b); RSA 170-E:7, II(a); RSA 170-E:29 |
|
He-C 6430.07 |
RSA 169-C:3-a,
I; RSA 169-C:34, II(b); RSA 170-B:18, VI; RSA 170-E:3-a; RSA 170-E:7, II(a);
RSA 170-E:29; RSA 170-G:8-c; RSA 463:5, VI(a) |
|
He-C 6430.08 |
RSA 169-C:3-a,
I; RSA 169-C:35, V; RSA 170-G:8-a, I(c) |
|
He-C 6438.01 |
RSA 170-F:1, RSA
170-F:4 and RSA 170-F:5 |
|
He-C 6438.02 |
RSA 170-F:2 and
RSA 170-F:3 |
|
He-C 6438.03 |
RSA170-F: 2 and
RSA 170-F:3, I |
|
He-C 6438.04 |
RSA 170-F:3, III
and RSA 170-170-F:7 |
|
He-C 6438.05 |
RSA 170-F:5 and
RSA 170-F:3, III |
|
He-C 6438.06 |
RSA 170-F:7 |
|
He-C 6438.07 |
RSA 170-F:3,
III, RSA 170-F:7 and RSA 170-F:8 |
|
He-C 6438.08 |
RSA 170-F:4 |
|
He-C 6438.09 –
6438.11 |
RSA 170-F:9 |
|
He-C 6438.12 |
RSA 170-F:7 and
RSA 170-F: 9 |
|
He-C 6438.13 |
RSA 170-F:3, I;
170-F:5 |
|
He-C 6438.14 |
RSA 170-F:8 |
|
He-C 6438.15 |
42 USC 1397 et
seq. |
|
He-C 6438.16 |
42 USC 620 et
seq. |
|
He-C 6438.17 |
RSA 169-C:27,
VIII, RSA 169-B:40, VIII & RSA 169-D: 29, VIII |
|
He-C 6438.18 |
RSA 170-F:9; RSA
541-A:30 |
|
He-C 6446.01 |
RSA 170-E:24 |
|
He-C 6446.02 |
RSA 170-E:24 |
|
He-C 6446.03 |
RSA 170-E:24 and
170-E:25 |
|
He-C 6446.04 |
170-E:25, XI;
RSA 170-E:27; RSA 170-E:28; RSA 170-E:29; RSA 170-E:34; RSA 170-G:20; RSA
170-G:21 |
|
He-C 6446.05 |
170-E:25, XII;
RSA 170-E:27; RSA 170-E:28; RSA 170-E:29; RSA 170-E:31, V; RSA 170-E:34 |
|
He-C 6446.06 |
RSA 170-E:31;
RSA 170-E:34, I |
|
He-C 6446.07 -
6446.08 |
RSA 170-E:29;
RSA 170-E:34, I |
|
He-C 6446.09 |
RSA 170-E:28;
RSA 170-E:34, I (a)(1) |
|
He-C 6446.10 -
6446.11 |
RSA 170-E:31, IV |
|
He-C 6446.12 |
RSA 170-E:34,
I(a)(2) and RSA 170-E:34, II |
|
He-C 6446.13 -
6446.14 |
RSA 170-E:25, XI
and XII; RSA 170-E:34 |
|
He-C 6446.15 |
RSA 170-E:32;
RSA 170-G:20; RSA 170-G:21 |
|
He-C 6446.16 |
RSA 170-E:34,
I(a)(5); RSA 170-G:20 |
|
He-C 6446.17 |
RSA 170-E:34, I |
|
He-C 6446.18 -
6446.19 |
RSA 170-E:34,
I(a)(5); RSA 170-G:20 |
|
He-C 6446.20 |
RSA 170-E:34,
I(a) |
|
He-C 6446.21 |
RSA 170-E:34,
I(a)(10) |
|
He-C 6446.22 |
RSA 170-E:34,
I(a)(9) |
|
He-C 6446.23 |
RSA 126-U; RSA 170-E:34,
I; RSA 170-G:20; RSA 170-G:21 |
|
He-C 6446.24 |
RSA 170-E:34,
I(a)(7)-(7-a) and (a)(13); RSA 170-E:42 |
|
He-C 6446.25 |
RSA 170-E:34,
I(a); RSA 126-U:10 |
|
He-C 6446.26 |
RSA 170-E:34,
I(e); RSA 170-E:35 |
|
He-C 6446.27 |
RSA 170-E:31;
RSA 170-E:34; RSA 541-A:22, IV |
|
He-C 6446.28 |
RSA 170-E:35;
RSA 170-E:36; RSA 170-G:20; RSA 170-G:21 |
|
He-C 6446.29 |
RSA 170-E:34,
I(d); RSA 170-E:36; RSA 170-E:37 |
|
He-C
6447.01 – He-P 6447.03 |
RSA 170-E:25;
RSA 170-E:35; RSA 170-G:5; 42 USC 671(a) |
|
He-C
6447.04 |
RSA 170-E:29;
RSA 170-E:34 |
|
He-C
6447.05 |
RSA 170-G:4,
XVIII; RSA 170-E:25, X; RSA 170-E:34, I(a)(2) |
|
He-C
6447.06 |
RSA 161:2, IV;
RSA 170-E:34, I(a)(4) |
|
He-C
6447.07 |
RSA 170-E:34,
I(a)(2); 42 USC 671(20) |
|
He-C
6447.08 |
RSA 161:2, IV;
RSA 170-E:34, I(a)(4); RSA 170-E:34, I(a)(5) |
|
He-C
6447.09 |
RSA 170-A:1; RSA
170-A:7; RSA 170-E:34 |
|
He-C
6447.10 |
RSA 170-E:29,
II; RSA 170-E:29, II-a, RSA 170-E:34, I(a)(2); 42 USC 671(a)(20) |
|
He-C
6447.11 |
RSA 170-E:29 |
|
He-C
6447.12 |
RSA 170-E:34,
I(a)(2) |
|
He-C
6447.13 |
RSA
169-F:7, I; RSA 170-E:31, IV; RSA 170-E:34, I(a)(4) |
|
He-C
6447.14 |
RSA 170-E:34, I
and II |
|
He-C
6447.15 |
RSA 170-E:34 |
|
He-C
6447.16 |
RSA
170-E:34, I(a)(3) |
|
He-C
6447.17 |
RSA 170-E:31; RSA 170-E:34, I |
|
He-C
6447.18 |
RSA 170-E:32; RSA 170-E:29, II |
|
He-C
6447.19 |
RSA
170-E:34, I(a)(3); RSA 170-E:34, I(a)(9); RSA 170-E:34, I(i);
RSA
170-G:21 |
|
He-C
6447.20 |
RSA 170-E:34,
I(a)(7); RSA 170-G:21, II |
|
He-C
6447.21 |
RSA 141-C:20-a;
RSA 170-E:27-b; RSA 170-E:34, I(a)(4) |
|
He-C
6447.22 |
RSA 170-E:34,
I(a)(6); RSA 170-E:34, I(a)(10); RSA
170-G:21 |
|
He-C
6447.23 |
RSA 161:2, III;
RSA 161:2, IV; RSA 170-G:21, X; RSA 170-E:34, I(a)(5) |
|
He-C
6447.24 |
RSA 170-E:52,
IV(b); RSA 170-G:21 |
|
He-C
6447.25 |
RSA 170-E:34,
I(a)(6); RSA 170-G:21, III |
|
He-C
6447.26 |
RSA
170-E:33, III; RSA 170-E:34, I(a)(7); RSA 170-E:52, IV(a); RSA 170-G:8-a |
|
He-C
6447.27 |
RSA 170-E:34,
I(a)(14) |
|
He-C
6447.28 |
RSA 170-E:34,
I(a)(8); RSA 170-E:34, I(a)(11) |
|
He-C
6447.29 |
RSA 170-E:35 |
|
He-C
6447.30 |
RSA 170-E:35;
RSA 170-E:36 |
|
He-C
6447.31 |
RSA 170-E:34,
I(d); RSA 170-G:4, XIV |
|
He-C 6448.01 |
RSA 170-E |
|
He-C 6448.02 |
RSA 170-E |
|
He-C 6448.03 |
RSA 170-E:25 and
RSA 541-A:7 |
|
He-C 6448.04 |
RSA 170-E:28,
29, and 34, I(a) and (b); RSA 170-G:20 and 21 |
|
He-C 6448.05 |
RSA 170-E:30 |
|
He-C 6448.06 |
RSA 170-E:42 |
|
He-C 6448.07 |
RSA 170-E:29 |
|
He-C 6448.08 |
RSA 170-E:28 and
29 |
|
He-C 6448.09 |
RSA 170-E:27 and
31 |
|
He-C 6448.10 |
RSA 170-E:27,
28, 32, and 34, I(a) and (b) |
|
He-C 6448.11 |
RSA 170-E:27,
28, 29, and 34, I (a) and (b) |
|
He-C 6448.12-
6448.15 |
RSA 170-E:34,
I(a) and (b) |
|
He-C 6448.16 |
RSA 170-E:29 |
|
He-C 6448.17-
6448.19 |
RSA 170-E:34,
I(a) and (b) |
|
He-C 6448.20 |
RSA 170-E:32 |
|
He-C 6448.21 |
RSA 170-E:31 and
44 and RSA 170 A:1 |
|
He-C 6448.22 |
RSA 170-E:25 and
31 |
|
He-C 6448.23-
6448.24 |
RSA 170-E:34,
I(a) and (b) |
|
He-C 6448.25 |
RSA 170-E:35 and
36 |
|
He-C 6448.26 |
RSA 170-E:35 |
|
He-C 6448.27 |
RSA 170-E:26 and
31 |
|
He-C 6448.28 |
RSA 170-E:36 and
37 |