CHAPTER He-C 6900 CHILD CARE PROGRAM

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

PART He-C 6910 EMPLOYMENT RELATED NH CHILD CARE SCHOLARSHIP PROGRAM ELIGIBILITY

Statutory Authority: RSA 161:2, XII; RSA 161:4-a, III; RSA 167:83, I (b); and RSA 167:83, II (o)

REVISION NOTE:

Document #9474, effective 6-29-09, readopted with amendments He-C 6910, making extensive changes to the wording, numbering and format of rules in the former Part He-C 6910 on employment-related child care that addressed the child care assistance program. Document #9474 replaces all prior filings affecting He-C 6910 that addressed the child care assistance program, now called the child care scholarship program.

The filings prior to Document #9474 for former Part He-C 6910 included the following documents:

#7357, eff 9-1-00

#7723, eff 7-1-02

#7939, eff 8-23-03

#8377, eff 6-21-05

#9209, INTERIM, eff 7-19-08, EXPIRED 1-15-09

#9363, eff 1-17-09

#9435, eff 3-21-09

He-C 6910.01 Purpose. The purpose of this part is for the department of health and human services (DHHS), through the division of economic stability (DES), to:

(a) Establish the eligibility criteria for DHHS’s 12-month employment-related child care scholarship program, which enables families to prepare for, secure, or maintain employment, and to support healthy child development for those families who meet, and continue to meet, the eligibility requirements of He-C 6910; and

(b) Establish the payment amounts for the employment-related child care scholarship.

Source. #7357, eff 9-1-00; ss by #7723, eff 7-1-02; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

He-C 6910.02 Scope.

(a) This part shall apply to families in need of child care scholarship and who are receiving financial assistance from DHHS under the temporary assistance to needy families (TANF) program, as described in He-W 602.06, or whose monthly gross income is at or below 85% of state median income (SMI).

(b) The scholarship payments established pursuant to He-C 6910 shall be contingent upon the availability and continued appropriation of sufficient funds for this purpose, and in no event shall DHHS be liable for any payments hereunder in excess of such available appropriated funds.

He-C 6910.03 Definitions.

(a) “Applicant” means an individual who has a biological child, adoptive child, or is a foster parent, stepparent, legal guardian, or caretaker relative to a child, who applies for child care scholarship.

(b) “Assistance group” means the individuals who are residing in the same household, whose needs and income are considered and combined together when determining eligibility and the amount of financial assistance for child care scholarship.

(c) “Authorized service level” means full-time, half-time, or part-time service level based on the number of hours of child care per week needed for the parent to participate in an approved employment-related activity, plus commute time, pursuant to He-C 6910.07(m).

(d) “Caretaker relative” means a specified relative as defined in RSA 167:78, III, namely, “a specified relative, other than a parent, who provides care and parental control to a dependent child."

(e) “Child care” means the act of providing supervision, food, activity, and rest for a child, by someone other than the child’s parent, caretaker relative, or legal guardian, for any portion of the day in preparing for, securing, or maintaining employment or employment-related education or training.

(f) “Child care scholarship” means payment to a provider of child care services on behalf of a family who meets all of the eligibility criteria in He-C 6910.

(g) “Child experiencing a disability or significant special need” means a child, under 18 years of age, who has a verified medical, physical, developmental, educational, or emotional disability or significant special need, as confirmed by He-C 6910.09(j), requiring additional funds for accommodation or classroom adaptation in the child care setting.

(h) “Children experiencing homelessness” means children who lack a fixed, regular, and adequate nighttime residence, as described in the McKinney-Vento Homeless Assistance Act of 1987, as reauthorized in 2015, which includes:

(1) Children who are:

a. Sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;

b. Living in motels, hotels, manufactured housing communities, or camping grounds due to the lack of adequate alternative accommodations;

c. Living in emergency or transitional shelters; or

d. Abandoned in hospitals;

(2) Children who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

(3) Children who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar setting; or

(4) Migratory children as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1995 who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in (1)-(3) above.

(i) “Collateral Contact” means a conversation by telephone or email with an individual who can verify the applicant’s income and unearned income.

(j) “Commute time” means one hour for each day in a week during which the parent travels for active participation to and from an employment-related activity, as described in He-C 6910.07(f).

(k) “Continued assistance” means a period of continued eligibility for up to 92 calendar days following the termination of an approved employment-related activity as described in He-C 6910.07(f)(1), (3)-(6) to allow a parent to engage in another approved employment-related activity.

(l) “Cost share” means a DHHS-determined portion of the standard weekly rate charged as a fee to parents, for child care services provided, based on family size and income, pursuant to He-C 6910.18.

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

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

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

(p) “Employment-related activities” means participation in an approved activity that is designed to assist parents to enter, re-enter, or remain in the workforce, as described in He-C 6910.07(f).

(q) “Enrolled child care provider” means a child care provider who has met the qualifications and requirements found in He-C 6914 and is authorized to receive payment from DHHS for child care services provided. The term includes the definition of “registered provider” as used in RSA 170-E:6-a, and “provider”.

(r) “Expedited child care” means an accelerated eligibility determination for child care scholarship, utilizing an enrolled child care provider as defined in (p) above, for any applicant who meets the definition of homelessness in section 725(2) of the McKinney-Vento Homeless Assistance Act of 1987, as reauthorized in 2015.

(s) “Family” means the children and adults who reside in the same household and who have a birth, foster, step, adoptive, legal guardianship, or caretaker relative relationship.

(t) “Family assistance program recipient” means an individual receiving financial assistance under the family assistance program, pursuant to RSA 167:84.

(t) “Family cap amount” means the maximum cost share amount for the eligibility period, determined at initial eligibility or at redetermination, pursuant to He-C 6910.18.

(v) “Federal poverty guidelines (FPG)” means poverty guidelines, published annually in the Federal Register by the secretary of the United States (US) department of health and human services, which are used as an eligibility criterion for community services block grant programs.

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

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

(y) “Full-time” means the parent(s) participates in an approved employment-related activity, as described in He-C 6910.07(f), for greater than 30 hours per week.

(z) “Full-time override” means a system change from half-time, as defined in (aa) below, to full-time, as defined in (y) above, for eligible children 79 months of age or older whose parent(s) participates in an approved employment-related activity full-time, during school vacations, and summer vacation.

(aa) “Half-time” means the parent(s) participates in an approved employment-related activity, as described in He-C 6910.07(f), for greater than 15 hours and less than or equal to 30 hours per week.

(ab) “Job search” means a 92-calendar day period granted at initial eligibility or redetermination, during which a parent is actively seeking employment or another employment-related activity, as described in He-C 6910.07(f).

(ac) “Legal guardian” means an individual who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of a child.

(ad) “Licensed” means the child care provider has been issued a child care license to operate by the commissioner of DHHS, in accordance with RSA 170-E, or has been issued a license to legally operate as a child care provider in accordance with the child care licensing requirements of a state neighboring New Hampshire.

(ae) “Licensed professional” means one of the following: attending physician, physician’s assistant, advance practice registered nurse, licensed mental health professional, licensed behavioral health professional, licensed alcohol and drug counselor, certified recovery support worker, or board certified psychologist.

(af) “License-exempt” means a child care provider is not required to be licensed, in accordance with RSA 170-E:3, I (a), (b), (c), (f), (g), and (h), or is not required to be licensed, but can legally operate as a child care provider in accordance with the regulations of a state neighboring New Hampshire.

(ag) “McKinney-Vento Homeless Assistance Act” means the McKinney-Vento Homeless Assistance Act, 42 USC 11301 (1987), as reauthorized in 2015.

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

(ai) “NHEP participant” means an individual who is enrolled in the New Hampshire employment program (NHEP) work program and is receiving TANF financial assistance.

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

(ak) “Notification” means a written, printed, or electronic document that advises:

(1) Families of:

a. The results of eligibility determinations; and

b. Other changes in child care scholarship; or

(2) Providers of:

a. Changes to a family’s child care scholarship, as applicable;

b. The maintenance of the provider’s enrollment status; and

c. Other information related to the provider’s compliance with these rules.

(al) “Parent” means an individual who has a birth, adoptive, or stepparent relationship to a child, a foster parent as defined in (w) above, a legal guardian as defined in (ac) above, or a caretaker relative as defined in (d) above.

(am) “Parent with a disability” means a parent who is unable to participate in employment-related activities or unable to care for and supervise their child because of a verified physical or mental condition, disease, or a combination of these conditions.

(an) “Part-time” means the parent(s) participates in an approved employment-related activity, as described in He-C 6910.07(f), for one hour to less than or equal to 15 hours per week.

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

(ap) “Redetermination” means an annually scheduled review of an assistance group’s eligibility for child care scholarship and includes verification of all aspects of eligibility, pursuant to He-C 6910.15.

(aq) “Satisfactory progress” means meeting the minimum standards set by an organization, an agency, or an educational or training facility, which measures the participant’s:

(1) Proficiency level in an activity; and

(2) Ability to complete the activity in a timely manner.

(ar) “Self-employed” means an individual who earns income directly from their own business, trade, or profession, rather than a specified salary or wages from an employer.

(as) “Standard weekly rate” means a DHHS-determined rate used to calculate child care scholarship payments to enrolled child care providers and cost share amounts for families.

(at) “State median income (SMI)” means an annual income figure calculated by the United States Census Bureau representing the point in which there are as many families earning more than a specific amount as there are earning less than that amount.

(au) “Temporary assistance to needy families (TANF)”, as defined in He-W 601.04, means the financial and medical assistance provided under the New Hampshire employment program (NHEP), family assistance program (FAP), families with older children (FWOC) program, and the interim disabled parent (IDP) program.

(av) “Termination” means the discontinuance of child care scholarship received by an assistance group when the conditions of eligibility for receipt of the assistance are no longer met.

(aw) “Waitlist” means a prioritized list of children determined eligible for child care scholarship who are waiting for funding to become available to receive child care scholarship.

Source. #7357, eff 9-1-00; amd by #7484, eff 4-28-01; ss and moved by #7723, eff 7-1-02 (from He-C 6910.02); amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10565, eff 4-4-14; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

He-C 6910.04 Application for Child Care Scholarship.

(a) All applicants requesting child care scholarship shall submit to the DO a signed and dated application for assistance, either on paper, via telephone, or electronically, in accordance with He-W 600.

(b) In addition to submitting a completed application as referenced in (a) above, the applicant shall provide the following information as verification as required pursuant to He-C 6910.09:

(1) For each member of the assistance group:

a. Full name, including maiden name, if applicable, and any other names used previously;

b. Social security number, if the applicant chooses to provide it;

c. Current physical address and mailing address, if different; and

d. The total amount of gross income from all sources, or net income if self-employed, as described in He-C 6910.06;

(2) A description of the current household composition, such as whether the family lives independently, or with a relative(s) or others, is homeless, or if the child is a foster child;

(3) The telephone number(s) at which the applicant can be reached;

(4) The reason for requesting assistance at the time the application is made; and

(5) The date and US citizenship status of each child in the assistance group for whom the applicant is requesting child care scholarship.

(d) The applicant shall indicate at the time of application the current child care arrangements, if any, including:

(1) The name of the provider;

(2) The cost of child care; and

(3) Whether the provider is licensed or license-exempt.

(e) The application for child care scholarship shall be signed, dated, and submitted in accordance with RSA 167:8.

(f) The applicant shall provide all verification required by He-C 6910.09 prior to being determined eligible for child care scholarship.

(g) If the applicant provides all required verification pursuant to He-C 6910.09 within 30 days of the date the DO receives the application and meets the eligibility requirements, the applicant shall be eligible for child care scholarship for 12 months, as described in He-C 6910.10.

(h) If the applicant does not provide all verification pursuant to He-C 6910.09 within 30 days of the date the DO receives the application, the child care scholarship application shall be denied and the applicant shall be required to submit a new application and participate in another interview, as described in He-W 636.01, in order to determine eligibility.

Source. #7357, eff 9-1-00; ss and moved by #7723, eff 7-1-02 (from He-C 6910.03); (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

He-C 6910.05 Application for Expedited Child Care. An applicant experiencing homelessness as defined in the McKinney-Vento Homeless Assistance Act of 1987, as reauthorized in 2015, shall be eligible to receive expedited child care scholarship within 7 calendar days of the date that the DO receives the application if the applicant:

(a) Provides the DO with a completed application, including the parent’s full legal name, mailing address or other means of contact, and the parent’s dated signature;

(b) Specifies an enrolled child care provider currently enrolled with DHHS;

(c) Has not previously had expedited child care terminated due to failure to provide required verification, unless the applicant has, since the termination, provided all required verification and been determined eligible; and

(d) Is participating in an employment-related activity as described in He-C 6910.07(f).

Source. #12221, eff 7-10-17; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24; ss by #13951, eff 4-30-24

He-C 6910.06 Financial Eligibility Requirements.

(a) To be financially eligible for child care scholarship, a family shall meet at least one of the requirements set forth in (1)–(4) below:

(1) Be receiving TANF financial assistance from DHHS, whether participating in NHEP in accordance with He-W 637.03, or exempt from participation in NHEP in accordance with He-W 637.04;

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

(3) Be participating in NHEP and have applied for, but not yet been approved for, TANF financial assistance; or

(4) Meet the gross income limit described in (b) below.

(b) Families shall be determined income eligible for child care scholarship at application if their monthly gross income for the appropriate family size does not exceed 85% of SMI as calculated annually by the United States Census Bureau.

(c) All sources of gross income shall be counted when determining financial eligibility and family cost share for child care scholarship, except those specified below:

(1) The income of any grandparent, when 3 generations are living in one household;

(2) Child foster care payments;

(3) Adoption subsidies;

(4) Any educational assistance, student loans, or scholarships used to cover educational expenses, such as tuition and mandatory fees, books, and school-related travel;

(5) The income of a caretaker relative or a legal guardian and the legal guardian’s spouse, unless the caretaker relative or legal guardian is also applying for child care assistance for the legal guardian’s own child, in which case the legal guardian’s income and the income of the legal guardian’s spouse shall count in the determination of eligibility for all of the children;

(6) Money received from AmeriCorps Volunteers in Service to America (VISTA);

(7) Earned income from a dependent child, as defined in He-W 601.03, who is a full-time student attending primary or secondary school, or equivalent, pursuant to RSA 167:80, IV(b);

(8) Supplemental Security Income (SSI), when the recipient of the SSI benefit is a dependent child, as defined in He-W 601.03; and

(9) TANF financial assistance payments.

(d) For self-employment, countable income to determine eligibility shall be the net monthly income from the business activities, after deducting any incurred business expenses allowable by the US Internal Revenue Service (IRS).

(e) Monthly gross income shall be determined in accordance with He-W 744.01, or in accordance with He-W 744.03 for fluctuating income.

(f) Resources, as defined in He-W 601.07, including both personal and real property, shall not be counted when determining financial eligibility and family cost share for child care scholarship, unless the total countable resources exceed one million dollars in assets.

(g) Fluctuating income shall be identified and calculated as:

(1) Earned income that is averaged when it varies from month-to-month, such as when an individual works varying hours, overtime, or on a piece-work basis;

(2) Unearned income that is averaged when it varies from month-to-month, such as child support, alimony, disability payments, or other sources of unearned income due to changes in the frequency or amount of receipt; or

(3) Earned income that is annualized when:

a. The parent indicates that the current income does not reflect the total assistance group’s income for the next 12-month period;

b. The assistance group’s income varies from season to season, such as when an individual works different employment in the winter months than to the summer months; or

c. The parent is self-employed.

(h) Countable income, pursuant to He-C 6910.06(d), shall be determined at the initial application and converted to a monthly amount by:

(1) Averaging income using 4 current consecutive weeks, pursuant to He-W 744.03(e);

(2) Annualizing the earned income of the previous 12-month period when such income represents a best estimate of future income; or

(3) Annualizing the projected earnings of the applicant for the next 12-month period as verified according to He-C 6910.09(g).

(i) Income that is annualized at initial application shall determine the family cap amount and shall not be recalculated during the 12-month eligibility period, except when the recipient verifies a permanent job loss.

Source. #7357, eff 9-1-00; ss and moved by #7723, eff 7-1-02 (from He-C 6910.04); amd by #7939, eff 8-23-03; amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17 (from He-C 6910.05); ss by #13063, eff 7-1-20; ss by #13309, ff 12-17-21; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

He-C 6910.07 Non-Financial Eligibility Requirements.

(a) To be eligible for child care scholarship, the child shall be a member of the assistance group for which the applicant is seeking child care scholarship.

(b) Each child for whom child care scholarship is requested shall be:

(1) A resident of the state of New Hampshire, except for children of migrant workers who are experiencing homelessness because they are living in circumstances as described in He-C 6910.03(h);

(2) A US citizen or a non-citizen who meets the criteria for non-citizenship as described in He-C 6910.09(c)(2);

(3) Less than 13 years of age, except when the child meets the criteria described in (e) below; and

(4) Linked to only one enrolled provider.

(c) A child who turns 13 years of age during the assistance group’s eligibility period shall remain eligible until the assistance group’s next redetermination, at which time eligibility for the child shall end.

(d) A child who is 12 years of age at the time of application, but who turns 13 years of age prior to the eligibility period start date, as described in He-C 6910.10(f), shall not be eligible for child care scholarship.

(e) A child age 13 or older shall not be eligible for child care scholarship, except when the child is experiencing a verified disability or significant special need as defined in He-C 6910.03(g) and verified in accordance with He-C 6910.09(j)(3).

(f) Each applicant parent requesting child care scholarship shall be engaged in one or more of the following:

(1) Employment where an applicant parent is receiving any form of earned income or in-kind compensation for their work;

(2) Job search where an applicant parent is:

a. In compliance with NHEP, pursuant to He-W 637.05;

b. Registered with the New Hampshire department of employment security job match system;

c. In compliance with New Hampshire’s requirements for receipt of unemployment compensation benefits; or

d. Actively seeking employment independently, as documented by the applicant parent on BCDHSC Form 2693 “New Hampshire Child Care Scholarship Program Job Search Activity Verification Form,” (October 2023), pursuant to He-C 6910.09(q)(4).

(3) A training or educational program which is preparatory to employment, including an online training or educational program, subject to the limitations found in He-C 6910.13(d);

(4) A basic educational activity, as described in He-C 6910.13(f);

(5) One or more approved NHEP activities indicated on an NHEP employability plan, as described in He-W 637; or

(6) A mental health treatment program, a substance misuse treatment program, or both, as a recipient of NHEP or FAP financial assistance, pursuant to RSA 167:83, II(q).

(g) The job search in (f)(2) above, shall be authorized for up to 92 calendar days. If job search is the only activity the parent engages in prior to the end of the 92 calendar days, child care scholarship eligibility shall terminate after the 92^nd day.

(h) Additional hours towards the family’s service level shall be available to parents participating in an approved employment-related activity and seeking housing, who are without permanent housing as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act of 1987, as reauthorized in 2015, subject to the verification requirements of He-C 6910.09(w).

(i) To be eligible for child care scholarship when both parents reside with the child, the following shall apply:

(1) Both parents shall comply with (f) above; or

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

(j) Two adults residing in the same household, regardless of marital status, who share a common child, shall be counted as one assistance group, along with all other children who have a biological, foster, step, or adoptive relationship with each other and either adult.

(k) When an individual is a license-exempt in-home child care provider as defined in He-C 6917.03(k), the individual’s own child shall not be eligible for child care scholarship if:

(1) The individual cares for their own child; or

(2) The individual’s child is cared for by another license-exempt in-home child care provider as defined in He-C 6917.03(k).

(l) An individual who is a license-exempt in-home child care provider as defined in He-C 6917.03(k) shall be eligible to receive child care scholarship for the care of the individual’s own child if the child attends any of the following types of child care programs:

(1) A licensed family day care home, as defined in RSA 170-E:2, IV(a);

(2) A licensed family group day care home, as defined in RSA 170-E:2, IV(b);

(3) A licensed group child day care center, as defined in RSA 170-E:2, IV(c); or

(4) A license-exempt facility-based program, as defined in He-C 6916.03(j), unless the child is under 6 years of age, pursuant to RSA 170-E:2, XI-a.

(m) A child’s authorized service level shall be based on the number of hours per week child care is needed as determined by:

(1) The number of hours per week the parent is engaged in an approved employment-related activity; and

(2) The number of hours of commute time per week, equal to no more than one hour per day multiplied by the number of days per week that the parent is engaged in an employment-related activity.

(n) For employed parents, the numbers of hours per week shall be calculated by taking the highest amount of hours worked during any week for which the department averaged the parent’s income, pursuant to He-C 6910.06(h)(1), and rounding up to the next whole number.

(o) For self-employed parents, the authorized service level shall be based on the number of hours per week child care is needed as determined by:

(1) The number of hours the parent reports for self-employment when the parent has been continuously self-employed for less than 2 years; or

(2) Calculating self-employment hours when the individual has been continuously self-employed for 2 years or more, as follows:

a. Dividing the monthly income as described in He-C 6910.06(d) by 4.33 weeks to establish weekly income, dividing this weekly income by the federal minimum wage, and rounding up to the next whole number in order to establish the average number of hours of self-employment per week; and

b. The number of hours of commute time per week equal to one hour per day multiplied by the number of days per week that the parent is participating in self-employment.

(p) The authorized service level shall be based on the calculation in (m), (n), and (o) above and applied as follows:

(1) For full-time authorized service level, the number of hours shall be greater than 30 hours;

(2) For half-time authorized service level, the number of hours shall be greater than 15 and less than or equal to 30; or

(3) For part-time authorized service level, the number of hours shall be between one and less than or equal to 15 hours.

(q) For 2-parent households eligible to receive child care scholarship, the authorized service level shall be calculated based upon the lowest number of hours that either parent participates in an approved employment–related activity, as described in He-C 6910.07(f).

(r) Child care scholarship shall not be paid for a child under 6 years of age, when cared for in a license-exempt child care center program, pursuant to RSA 170-E:2, XI-a.

(s) A legal guardian or caretaker relative and the legal guardian or caretaker relative’s spouse shall be required to be engaged in at least one activity described in (f)(1)-(6) above, or one individual shall comply with (f) above and the other individual shall qualify as a parent with a disability, in accordance with He-C 6910.09(k).

(t) An individual registered with a temporary employment agency shall be considered employed so long as the individual earns one payment within 10 calendar days of an employment assignment.

Source. #7357, eff 9-1-00; ss and moved by #7723, eff 7-1-02 (from He-C 6910.05); amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; amd by #9665, EMERGENCY RULE, eff 3-1-10, EXPIRES: 8-28-10; ss by #9770-A, eff 8-25-10; ss by #10120, eff 5-7-12; amd by #10565, eff 4-4-14; ss by #10917, eff 9-1-15; ss by #12221, eff 7-10-17 (from He-C 6910.06); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

He-C 6910.08 Additional Requirements for Participants of NHEP.

(a) A parent who is participating in NHEP and in compliance with He-W 637 shall be eligible for child care scholarship.

(b) If the parent becomes noncompliant with the NHEP requirements, the parent shall be granted continued assistance for up to 92 calendar days, pursuant to He-C 6910.10(m).

(c) A parent participating in training and education as a part of their approved NHEP activities, pursuant to He-W 637.22, shall be eligible for child care scholarship for a total of 104 weeks in a lifetime.

(d) If the 104-week lifetime limit in (c) above is reached within the family’s eligibility period, the family shall remain eligible under training or education until their next redetermination, at which time the parent(s) shall be required to engage in another approved employment-related activity besides training or education, as listed in He-C 6910.07(f)(1), (2), (4)-(6).

Source. #7357, eff 9-1-00; ss and moved by #7723, eff 7-1-02 (from He-C 6910.06); (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; ss by #12221, eff 7-10-17 (from He-C 6910.07); ss by #13063, eff 7-1-20;l ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

He-C 6910.09 Verification Requirements. In order for an application to be approved, the applicant shall provide DHHS with verification of eligibility requirements within 30 days of the application date as follows:

(a) The name of each member of the assistance group shall be verified by one or more of the following documents:

(1) The individual’s birth certificate;

(2) The individual’s marriage certificate;

(3) The individual’s divorce decree, if the name to be used is changed subsequent to a divorce;

(4) The individual’s driver’s license or other identification which contains a picture of the individual; or

(5) If the individual has had a legal name change, the court documentation showing the legal name of the individual and the date the name change took effect;

(b) The date and place of birth of each child in the assistance group for which the parent is requesting child care scholarship shall be verified by one or more of the following documents:

(1) The child’s birth certificate;

(2) The child’s baptismal certificate; or

(3) The child’s US passport;

(c) When a child was not born in the US but has either become a US citizen or been lawfully admitted to the US, the child’s birth record and one or more of the following documents shall be submitted to verify date and place of birth and citizenship status:

(1) The child’s certificate of citizenship or naturalization; or

(2) The following US Citizenship and Immigration Services (USCIS) forms or documentation:

a. USCIS Form I-551, Permanent Resident card;

b. USCIS Form I-327, Re-entry Permit;

c. USCIS Form I-94, Arrival Departure Record, stating that the child has been admitted to the US as a refugee under Section 207(c) of the Immigration and Nationality Act;

d. USCIS Form I-94, Arrival Departure Record, stating that the child has been admitted to the US as an asylee under Section 208 of the Immigration and Nationality Act; or

e. Documentation from USCIS that the child has lawful temporary or permanent resident status under Section 201 or 302 of the Immigration Reform and Control Act;

(d) The relationship of the parents in the assistance group to the child in the assistance group shall be verified by one or more of the following:

(1) The child’s birth certificate containing the names of the child’s parents;

(2) The parent’s birth certificate;

(3) A marriage certificate containing the names of the parties who were married, including any maiden or previous names used;

(4) Any additional birth, adoption, or marriage records necessary to show the relationship of the child to the parents in the assistance group;

(5) For a legal guardian, the court documentation indicating the relationship of the adult to the child as that of a legal guardian; or

(6) For a caretaker relative, one or more of the following documents:

a. A court order giving the caretaker relative the duty of care, custody, and supervision of the child;

b. A document showing power of attorney for the child by the caretaker relative with whom the child lives; or

c. A statement from the child’s biological or adoptive parent that the caretaker relative is the individual who shall provide care and supervision for the child on the parent’s behalf;

(e) To verify a current address, any of the following verifications which show the address of the family shall be acceptable:

(1) Rental receipts;

(2) Utility bills;

(3) A statement from the current landlord;

(4) An unexpired lease or rental agreement; or

(5) If the home is owned, the deed or mortgage statements;

(f) Self-attestation shall be an acceptable form of verification for children of migrant workers experiencing homelessness because they are living in circumstances described in He-C 6910.03(h);

(g) Monthly gross income of each member of the assistance group shall be verified in accordance with He-W 744.01 or He-W 744.03, or as follows:

(1) For self-employment, the parent’s entire IRS tax filing from the previous year if filed, or a complete profit and loss statement for the previous year, as described in He-C 6910.06(d);

(2) Any contributions of monies to the assistance group from any source, verified by a signed statement from the contributor, which indicates the amount, frequency, and expected end date of the contribution, as well as whether the contribution is considered to be a loan or a gift;

(3) For earned income that fluctuates month-to-month according to He-C 6910.06(g)(1), pay stubs, a written statement from the employer stating the average monthly amount earned, or a collateral contact, as defined in He-C 6910.03, with the employer;

(4) For unearned income that fluctuates according to He-C 6910.06(g)(2), a written statement from the contributor, physical documentation, or a collateral contact with the contributor;

(5) For earned income that fluctuates season-to-season according to He-C 6910.06(g)(3)b., either the previous year’s tax return and W-2, a statement from the employer, or a collateral contact with the employer; or

(6) For income that cannot be verified according to (1)-(5) above, and which is anticipated to fluctuate over the next 12-month period, verification shall consist of a statement from the employer identifying an estimate of future earnings during the upcoming 12-months;

(h) The applicant shall attest that the assistance group’s resources, including both personal and real property, do not exceed $1,000,000 dollars in assets. No member of the assistance group shall have, nor shall the combined assets of the assistance group be, equal to or greater than $1,000,000, pursuant to 45 CFR 98.20(a)(2)(ii);

(i) To establish a link between the applicant child and the enrolled child care provider, the parent and the enrolled child care provider shall complete, sign and date, and submit to the DO Form 1863 “Child Care Provider Verification,” (October 2023);

(j) The following verification requirements shall apply for a child experiencing a disability or significant special need requiring additional funds for accommodations or classroom adaption in the child care setting:

(1) The parent shall authorize the release of information to DHHS by completing section III of Form 2690 “Verification for a Child Experiencing a Disability or Significant Special Need,” (October 2023), and by signing and dating the form, affirming the following:

“By signing below, I authorize this verification to be released to the Department of Health and Human Services. I understand that the information will be held in the strictest of confidence and that it will be reviewed by, or shared with, authorized Department of Health and Human Services’ staff involved in the authorization of Child Care and Development Fund Scholarships”; and

(2) The enrolled child care provider shall complete section I of Form 2690, “Verification for a Child Experiencing a Disability or Significant Special Need” (October 2023), including signing and dating the form, certifying the following:

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

b. “I agree to submit an annual report to DHHS specifying how the monies were spent which include all DHHS requested information necessary for program monitoring”;

(3) A licensed professional shall complete section II of Form 2690, “Verification for a Child Experiencing a Disability or Significant Special Need,” (October 2023), including signing and dating the form, certifying that one of the following is applicable:

a. “I certify that: I am the child’s attending physician, physician’s assistant, advance practice registered nurse, or licensed mental health professional and am providing ongoing treatment; the child’s disability or special need(s) is significant enough that the child requires additional support and/or accommodation in a child care setting; and, if the child is 13 through 17 years of age, the child’s condition limits the child’s ability to care for himself/herself or he/she would cause harm to himself/herself or others without supervision.”; or

b. “I certify that I am a SAU Special Education Director or Area Agency Director and I believe that the child’s disability or special need(s) is significant enough that the child requires additional support and/or accommodation in a child care setting.”.

(k) When a parent in a 2-parent household claims that the parent has a disability, acceptable verification shall be a signed and dated statement from an attending physician, physician assistant (PA), advanced practice registered nurse (APRN), or licensed mental health professional (LMHP) indicating:

(1) The medical condition, disease, or disability of the adult;

(2) The expected duration of the condition, disease, or disability; and

(3) That the parent is unable to work and to care for and supervise the parent’s children because of the specified condition, disease, or disability;

(l) For parents who are NHEP participants and are also in an approved training or educational program, including an online training or educational program, acceptable verification shall be a signed and dated statement from the school or training organization indicating:

(1) The parent is enrolled in the program;

(2) The duration of the program;

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

(4) The program shall lead to a degree, license, or certificate at the bachelor’s level or lower in a specific field of employment;

(m) For parents who are not receiving TANF financial assistance, but who are in an approved training or educational program, as described in He-C 6910.13(d), including an online training or educational program, acceptable verification shall be a signed and dated statement from the school or training organization indicating:

(1) The parent is enrolled in the program;

(2) The duration of the program;

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

(4) The program shall lead to a degree, license, or certificate at the associate’s level or lower in a specific field of employment;

(n) For parents receiving TANF financial assistance and not participating in the NHEP work program, as described in He-C 6910.13(e), acceptable verification of the training program or course of study, including an online training or educational program, shall be a signed and dated statement from the school or training organization indicating:

(1) The requirements in (m)(1), (2), and (3) above; and

(2) That the program shall lead to a degree, license, or certificate at the bachelor’s level or lower in a specific field of employment;

(o) When a parent works at least 4 hours between 10:00 p.m. and 6:00 a.m., acceptable verification shall be a signed and dated statement from the parent’s employer, or, if self-employed, a customer of the parent, stating the hours of the shift that the individual works each week;

(p) If at redetermination a parent is experiencing one of the circumstances in He-C 6910.10(n), the following verification shall be required:

(1) A signed and dated statement from the employer that the parent is still employed and will be able to return to work following the medical leave, seasonal break in employment, or other temporary absence in accordance with 45 CFR 98.21(a)(1)(ii);

(2) Proof of registration for the following semester, or a signed and dated statement from the institution where the parent attends the training or educational program, stating that the parent is still enrolled; or

(3) A signed and dated statement from the mental health or substance misuse treatment program indicating that the parent is on a temporary absence from the program, but is still considered to be enrolled, if the parent is an NHEP or FAP recipient;

(q) When a parent is participating in job search at initial application or at redetermination, acceptable verification shall be:

(1) Proof of receipt of unemployment compensation benefits;

(2) A personal summary page from the NH department of employment security’s job match;

(3) The verifications described in He-W 637.03(g) for participants in the NHEP work program; or

(4) A completed BCDHSC Form 2693 “New Hampshire Child Care Scholarship Program Job Search Activity Verification Form,” (October 2023), if the parent is actively seeking employment independently;

(r) When a parent has a permanent job loss, acceptable verification shall be:

(1) A signed and dated notice of termination from the employer;

(2) Any other signed and dated verification from the employer that the parent is no longer employed; or

(3) Collateral contact with the employer;

(s) The verification listed in (r) above shall include all of the following:

(1) That the parent is no longer employed;

(2) The last date the parent worked;

(3) The date of termination;

(4) The reason for termination;

(5) The parent’s final pay date; and

(6) The parent’s final 4 weeks’ gross pay;

(t) In order for the assistance group’s cost share to be recalculated during the eligibility period, the family shall verify any loss of employment or other income that results from the termination of the approved employment-related activities listed in He-C 6910.07(f);

(u) When a parent applying for expedited child care scholarship is experiencing homelessness as defined in the McKinney-Vento Homeless Assistance Act of 1987, as reauthorized in 2015, acceptable verification shall be a self-attestation from the parent that the family is experiencing homelessness;

(v) A parent may request additional hours towards their service level if they are participating in an employment-related activity as described in He-C 6910.07(f), experiencing homelessness, and seeking housing in the same week;

(w) When a parent meets the criteria in (v) above, acceptable verification for eligibility of additional hours towards their service level shall be a self-attestation stating that the parent is experiencing homelessness and documentation indicating how many hours per week the parent is seeking housing;

(x) For individuals who did not find an enrolled child care provider within 30 days when seeking child care through a child care resource and referral agency pursuant to He-C 6910.10(q)(1), acceptable verification shall be a letter from the child care resource and referral agency stating that the parent has been working with the referral agency staff and child care has not been identified for the specified child;

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

(z) When a parent is engaged in an employment-related training or educational activity, as described in He-C 6910.07(f)(3), acceptable verification of satisfactory progress shall be a report card or signed and dated statement from the organization or agency, or the educational or training facility, indicating that the parent is making satisfactory progress as defined in He-C 6910.03(ap);

(aa) The following verification requirements shall apply to a parent receiving NHEP or FAP financial assistance while participating in a mental health or substance misuse treatment program:

(1) The parent shall certify participation in an approved mental health treatment program or substance misuse treatment program and authorize the release of information to DHHS by completing, signing, and dating section I of Form 2691 “Verification Individual Participation in a Mental Health or Substance Misuse Treatment Program,” (October 2023) affirming the following:

a. “By signing this form, I authorize the release of this information to the Department of Health and Human Services (DHHS). I understand information will be held in strictest confidence and will be reviewed by, or shared with, authorized DHHS staff involved in determining eligibility for the New Hampshire Child Care Scholarship program”; and

(2) A licensed professional shall certify ongoing treatment is being provided by completing, signing, and dating section II of Form 2691 “Verification for Participation in a Mental Health or Substance Misuse Treatment Program,” (October 2023).

(ab) When a parent requests a decrease in service level, pursuant to He-C 6910.16(b)(2), acceptable verification shall be a signed and dated statement from the parent.

Source. #7357, eff 9-1-0000; ss and moved by #7723, eff 7-1-02 (from He-C 6910.07); amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; amd by #10120, eff 5-7-12; amd by #10565, eff 4-4-14; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17 (from He-C 68910.08); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

He-C 6910.10 Eligibility Determination and Length of Time.

(a) When an application has been made in accordance with He-C 6910.04, and all required verification has been submitted, as described in He-C 6910.09, the DO staff shall make a determination of eligibility for child care scholarship.

(b) If at the time of the initial application interview all required verification has not been received by the DO, the DO staff shall notify the applicant of all outstanding verification.

(c) The notification in (b) above shall state that the applicant shall submit the required verification to the DO staff within 10 calendar days of the date of the notification, or the application shall be denied.

(d) An eligibility determination for child care scholarship shall be made:

(1) Within 30 calendar days of the date the application is received by the DO; or

(2) Within 7 calendar days of the date the application is received by the DO for expedited child care, as described in He-C 6910.05.

(e) Eligibility for expedited child care scholarship shall:

(1) Be applied toward the 12-month eligibility period if the applicant provides all required verification and is determined eligible within the 30-day application timeframe; or

(2) Terminate 30 calendar days after the application date if the applicant fails to provide all required verification within the 30-day application timeframe.

(f) The application date or the child care provider link date on Form 1863 “Child Care Provider Verification” (October 2023), whichever is later, shall be used to determine the:

(1) Effective date of the 12-month eligibility period; and

(2) Effective date of payment for child care scholarship.

(g) Non-financial eligibility for child care scholarship shall be determined by the DO as follows:

(1) Determine the composition of the assistance group, which shall include all of the following individuals residing in the same dwelling:

a. All children under 18 years of age who have a biological, foster, step, or adoptive relationship;

b. All individuals under 20 years of age who have a biological, foster, step, or adoptive relationship who are attending primary or secondary school or equivalent, pursuant to RSA 167:80, IV(b); and

c. Any adult who has a biological, foster, step, adoptive, caretaker relative, or legal guardianship relationship to any child in a. above;

(2) Determine that the applicant is either:

a. Engaged in one of the activities listed in He-C 6910.07(f); or

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

(3) Determine that both parents are engaged in at least one of the activities described in He-C 6910.07(f), if living together and are in the same assistance group; and

(4) Determine that the parent is eligible under He-C 6910.08, if the applicant parent is an NHEP participant.

(h) Financial eligibility for child care scholarship shall be determined by the DO, pursuant to He-C 6910.06(a) as follows:

(1) Determine the family size, which shall be the same number as members in the assistance group;

(2) Calculate the monthly gross income of the assistance group by adding together all assistance group members’ monthly gross earned and unearned income, except for:

a. Income specifically excluded in He-C 6910.06(c); and

b. Self-employment income, which shall be added as net income, as described in He-C 6910.06(d); and

(3) Compare the amount obtained in (2) above, using the appropriate family size as determined in (1) above, to the monthly gross income amount described in He-C 6910.06(b) as follows:

a. If the assistance group’s total monthly gross income does not exceed the monthly gross income amount described in He-C 6910.06(b), then the family shall be determined financially eligible for child care scholarship; or

b. If the assistance group’s total monthly gross income does exceed the monthly gross income amount described in He-C 6910.06(b) for the appropriate family size, the family shall be determined not financially eligible for child care scholarship and the application shall be denied.

(i) If the assistance group meets the non-financial and financial requirements described in (g) and (h) above and in He-C 6910.06 and He-C 6910.07, the application shall be approved and the family shall be eligible for child care scholarship.

(j) Notification shall be provided to the applicant as described in He-C 6910.12 as soon as an eligibility child care determination is made, but no later than 30 days from the date the application was received by the DO.

(k) Notification shall be provided to the applicant as described in He-C 6910.12 as soon as an expedited child care eligibility determination is made, but no later than 7 days from the date the application was received by the DO.

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

(m) A parent shall receive up to 92 calendar days of continued assistance when a parent experiences a permanent job loss, cessation of a training or educational program, or stops participating in a mental health or substance misuse treatment program. If the parent does not engage in one of the activities in He-C 6910.07(f)(1), (3)-(6) child care scholarship eligibility shall terminate at the end of 92 calendar days.

(n) A parent shall be considered employed, in a training or educational program, or participating in a mental health or substance misuse treatment program during the current 12-month eligibility period as long as the parent is:

(1) On a time-limited absence from work due to reasons such as an illness or the need to care for a family member;

(2) Experiencing a seasonal break in employment according to regular industry work seasons;

(3) On a student holiday or break from a training or educational activity;

(4) Experiencing any other reduction in work, training or education hours as long as the parent is still working or attending a training or educational program; or

(5) Any other temporary absence that does not exceed 3 months.

(o) A child shall be excluded from the payment for child care scholarship if payment was not made on the child’s behalf for child care services rendered in the previous 60 days or if the child does not meet one of the following:

(1) The citizenship criteria of He-C 6910.07(b)(2);

(2) The age criteria of He-C 6910.07(b)(3) and He-C 6910.07(c); or

(3) A verified disability or significant special need criteria of He-C 6910.07(e).

(p) The family shall have 30 days from the date the application is received by the DO to arrange for child care with an enrolled child care provider and complete and return Form 1863 “Child Care Provider Verification,” (October 2023) pursuant to He-C 6914.

(q) If the family fails to comply with (p) above, the child care application shall be denied, except when DHHS has authorized a one-time 30-day extension for one of the following circumstances:

(1) The family is unable to find child care within 30 days with assistance from a child care resource and referral agency;

(2) The parent or child has an in-patient hospital stay during the 30-day period;

(3) The information or data contained in Form 1863 “Child Care Provider Verification” (October 2023) was incorrect or no data has been entered by DHHS establishing a child care link;

(4) There was an error made by the DO in determining child care eligibility; or

(5) The family’s chosen child care provider has completed the enrollment requirements in accordance with He-C 6914.04 within 30 days, but the provider enrollment determination has not been made according to He-C 6914.04.

(r) Prior to the end of the eligibility period, the family shall request a redetermination of eligibility in accordance with He-C 6910.15 in order to continue to receive child care scholarship.

(s) If the parent is no longer participating in any combination of the employment-related activities listed in He-C 6910.07(f)(1),(3)-(6), the parent shall be granted continued assistance for up to 92 calendar days. Child care eligibility shall terminate at the end of 92 calendar days if the parent does not reengage in one of the employment-related activities listed in He-C 6910.07(f)(1),(3)-(6).

(t) Continued assistance shall be granted when the parent reports the termination of employment, including self-employment, a training or educational program, or a mental health or substance misuse treatment program.

(u) Continued assistance shall not be granted when job search is terminated.

Source. #7357, eff 9-1-00; amd by #7484, eff 4-28-01; ss and moved by #7723, eff 7-1-02 (from He-C 6910.08); amd by #8377, eff 6-21-05; ss by #9209, INTERIM, eff 7-19-08, EXPIRED: 1-15-09

New. #9363, eff 1-17-09; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17 (from He-C 6910.09); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

He-C 6910.11 Child Care Assistance Waitlist.

(a) When annual departmental cost projections reflect that available funds will be over-expended for the current fiscal year, a waitlist shall be established, consisting of all families determined eligible for child care scholarship, for the provision of additional child care scholarships.

(b) The following children shall be exempt from the waitlist in (a) above:

(1) Children whose parent applies for employment-related child care scholarship within 92 calendar days of the child’s preventive or protective services closing;

(2) Children in families currently receiving TANF benefits or children whose parent applies for employment-related child care scholarship within 92 calendars days of the parent’s TANF closing; and

(3) Children currently experiencing homelessness as defined in He-C 6910.03(h) or children whose parent applies for employment-related child care scholarship within 92 calendar days of finding housing after experiencing homelessness.

(d) A family shall comply with all eligibility requirements and be determined eligible in accordance with He-C 6910.06, He-C 6910.07, He-C 6910.08, and He-C 6910.10 before being placed on the waitlist.

(e) A family whose child is on the waitlist shall be subject to redetermination of child care scholarship every 12 months.

(f) A family whose child is on the waitlist shall report and verify all changes required by He-C 6910.14.

(g) If a family fails to maintain eligibility status, the child shall be removed from the waitlist and child care scholarship eligibility shall be terminated.

(h) If a child has been removed from the waitlist, pursuant to (g) above, the family shall re-apply and be determined eligible for child care scholarship prior to the child being added back to the child care scholarship waitlist. The new eligibility period begin-date, according to He-C 6910.10(f), shall determine the child’s position on the waitlist.

(i) The waitlist shall be prioritized into the following groups:

(1) The first priority group shall include:

a. Children in families whose monthly gross income is at or below 100% of FPG; and

b. Siblings of children who are members of a currently eligible assistance group with an enrolled child care provider who are actively receiving assistance; and

(2) The second priority group shall include all other children determined eligible for child care scholarship who do not meet the criteria of the first priority group in (1) above.

(j) Eligible children shall be added to the waitlist according to the eligibility period begin-date as described in He-C 6910.10(f).

(k) As funds become available, funds shall be released to offer child care scholarship to children on the waitlist in priority order, as follows:

(1) According to the begin-date of the family’s eligibility period according to He-C 6910.10(f); and

(2) Alternating between:

a. Two children from the first priority group in (i)(1) above; and

b. One child from the second priority group in (i)(2) above.

(l) When child care scholarship becomes available to a child on the waitlist, the parent shall receive notification stating the following:

(1) The date that the child has been released from the waitlist;

(2) The date in (1) above shall be the date that funds are available for payment; and

(3) That no payment shall be made for child care services received prior to the date in (1) above.

Source. #7357, eff 9-1-00; ss by #7723, eff 7-1-02; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; amd by #9770-A, eff 8-25-10; ss by #10120, eff 5-7-12; ss by #12221, eff 7-10-17 (from He-c 6910.10); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

He-C 6910.12 Notification to Applicants, Recipients, and Providers.

(a) A family shall receive notification whenever child care scholarship is denied, including the reason for the denial.

(b) A family and provider shall receive notification whenever child care scholarship is approved, increased, decreased, redetermined, terminated, when a child is added to or released from the waitlist, or when DHHS establishes or ends the link that controls payments between the child and provider.

(1) The reason for notification, including one or more of the following:

a. A child care scholarship approval;

b. A cost share increase or decrease;

c. A redetermination of eligibility;

d. A termination;

e. An addition to the waitlist;

f. A release from waitlist; or

g. Information relative to whether the child’s link to the child care provider is opening or closing;

(2) Decisions impacting ongoing eligibility, including one or more of the following:

a. Initiation of job search; orb. Initiation of continued assistance;

(3) The eligibility period, for an approval or redetermination;

(4) The proposed effective date of the decrease in assistance or termination;

(5) Each eligible family member’s name and DHHS recipient identification number, which is a uniquely assigned number for each member of the assistance group, if the family is determined eligible;

(6) The family cost share, based on the percent of the assistance group’s monthly gross income and household size, pursuant to He-C 6910.18;

(7) The authorized service level, full-time, half-time, or part-time, for all eligible children;

(8) The right to appeal, in accordance with He-C 6910.19, if the family is aggrieved by the eligibility decision;

(9) The DHHS decision to seek recoupment of an overpayment made to the parent, the provider, or both; and

(10) That funds are now available and the child is released from the waitlist.

(d) Notifications to families in (b) above shall include the following additional information, as applicable:

(1) The maximum income limit for the family size;

(2) The total monthly gross income amount for the assistance group;

(3) The total monthly net income if self-employed; and

(4) The income computation used to determine the eligibility decision.

(e) Families shall receive courtesy letters related to ongoing eligibility as follows:

(1) At 72 days from the start of the job search or continued assistance, information relative to the 92-day limit on job search and continued assistance;

(2) At 30 days and at 60 days of non-billing from the provider, information relative to the termination of the provider’s link between the child and the provider; and

(3) At 84 weeks when an employment-related training or educational program has been used, information relative to the lifetime limit of 104 weeks for employment-related training and educational activities.

(f) When a termination is the result of the parent’s failure to complete the redetermination process, the family shall not receive notification in accordance with this section.

Source. #7723, eff 7-1-02 (from He-C 6910.09); amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12 ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

He-C 6910.13 Limitation of Child Care Scholarship in Certain Situations. Insofar as funding and resources allow, child care scholarship shall continue until the family’s next redetermination if the family meets the program requirements of He-C 6910, except as follows:

(a) For families for which a job search activity is approved for one or more parents the following shall apply:

(1) The parent shall be allowed a maximum of 92 calendar days of child care scholarship in order to engage in job search or engage in job search and seek housing in the same week;

(2) Child care scholarship shall terminate at the end of 92 calendar days if the parent or parents in job search have not engaged in one of the activities in He-C 6910.07 (f),(1),(3)-(6);

(3) The parent shall engage in employment, an employment-related training or educational program, NHEP, basic education, or be participating in a mental health or substance misuse treatment program as a recipient of NHEP or FAP before a new job search period shall be granted as a new activity; or

(4) Six months shall lapse between job search activities;

(b) If both parents are engaged in a job search, but began their job searches on different dates, child care scholarship shall terminate upon the 92nd calendar day of the job search period that is reached first, if one or both parents have not engaged in one of the activities in He-C 6910.07(f), (1), (3)-(6) during the job search;

(d) A parent who is not receiving TANF financial assistance shall be eligible for child care scholarship during the training program or course of study when the training or educational program or course of study:

(1) Prepares the parent for employment;

(2) Leads to a degree or certificate in a specific field of employment;

(3) Does not exceed 104 weeks of child care scholarship payment in a lifetime, except that if the 104-week lifetime limit is reached during the eligibility period, the family shall remain eligible under training or education until the next redetermination, at which time each parent will be required to engage in another approved activity, as listed in He-C 6910.07(f), (1), (2), (5), or (6);

(4) Is not a single course apart from a degree or certificate program; and

(5) The program leads to a degree or certificate at the associate’s level or lower;

(e) For the parent receiving TANF financial assistance and not participating in the NHEP work program, the training or educational program:

(1) Shall comply with the requirements in (d)(1)- (4) above; and

(2) Could result in a degree or certificate at the associate’s or bachelor’s level;

(f) Families in which a parent is engaged in basic and alternative educational activities, which lead to a high school diploma or equivalent, or increase literacy levels, shall not be subject to the 104-week lifetime limit for training and educational programs, contingent upon the parent’s ongoing satisfactory progress as defined in He-C 6910.03(aq) in one of the following programs:

(1) High school diploma program;

(2) High School Equivalency Testing (HiSET) program;

(3) Remedial or basic education program; or

(4) English as a second language program;

(g) Families who are participating in work-study or internship and are not receiving TANF financial assistance shall:

(1) Be considered to be employed; and

(2) Have any income received from the work-study or internship counted as part of the assistance group’s monthly gross earned income in the determination of assistance, in accordance with He-C 6910.09(g);

(h) DHHS shall not pay child care scholarship when a parent is participating in a pre-requisite course in preparation for a post-secondary educational or training program, except in the case of a nursing program, in which case the prerequisite courses shall be limited to 2, and shall count towards the 104-week lifetime limit;

(i) If the provider’s link with a specific child is terminated due to non-payment for the dates of child care services rendered within the past 60 days, DHHS shall send notification informing the parent of the termination of the provider’s link between the child and the provider;

(j) When the provider has not billed for services rendered within the past 60 days, the provider shall contact BCDHSC before the provider’s link with the child is reinstated; and

(k) If the provider fails to comply with (j) above, the provider’s link between the child and the provider shall remain terminated.

Source. #7723, eff 7-1-02 (from He-C 6910.10); (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #9770-A, eff 8-25-10; ss by #10120, eff 5-7-12; amd by #10565, eff 4-4-14; ss by #12221, eff 7-10-17 (from He-c 6910.12) ; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

He-C 6910.14 Reporting Changes During the 12-Month Eligibility Period.

(a) During any 12-month eligibility period, a parent shall report changes in any of the following circumstances to the DO staff within 10 calendar days of the date when the change occurs:

(1) The assistance group’s income increases to an amount exceeding 85% of the state median income (SMI);

(2) There is a change in the child care provider who is providing child care services or a change in child care provider location;

(3) A parent experiences a permanent loss or start of employment;

(4) A parent begins or ends a training or educational program;

(5) There is a change in the assistance group’s household composition;

(6) There is a change in the assistance group’s assets such that the cumulative value is in excess of one million dollars;

(7) A parent begins or ends participation in a mental health or substance misuse treatment program as a recipient of FAP or NHEP;

(8) A parent of any child in the assistance group moves into the household;

(9) An individual residing in the household becomes a parent of any child in the assistance group;

(10) There is a change of physical or mailing address;

(11) A parent adopts a child during the 12-month eligibility period; or

(12) A parent registered with a temporary employment agency is no long receiving payment.

(b) A parent shall be eligible for up to 92 days of continued assistance if the parent reports a permanent loss of their approved employment-related activity within 10 calendar days of the date of the loss, as listed in He-C 6910.07(f).

(c) If a parent fails to report the permanent loss of an employment-related activity, as described in (b) above, and reports the loss more than 92 calendar days after experiencing the loss, the DO shall consider the family to have received 92 calendar days of continued assistance and eligibility shall terminate unless the DO determines that the parent has engaged in another approved employment-related activity, as listed in He-C 6910.07(f).

(d) When a parent reports a change of the assistance group’s household composition, as described in (a)(5), (8), (9), and (11) above, the change shall be verified in accordance with He-C 6910.09.

(e) If a parent, as described in (d) above, fails to provide the verification required by He-C 6910.09, the DO can no longer determine the assistance group’s eligibility for child care scholarship and eligibility shall terminate.

(f) Within 10 calendar days of any reported change in circumstances as described in (a) above, DHHS shall:

(1) Review whether the assistance group continues to be eligible for child care scholarship in accordance with He-C 6910.09; and

(2) Send notification to the parent and provider if the reported change results in a decrease, increase, or termination of child care scholarship, as described in He-C 6910.12.

(g) Termination of eligibility that results from a change in family circumstances shall be effective 10 calendar days from the date of the notification, unless the parent requests a continuance of child care scholarship pending the outcome of an appeal in accordance with He-C 6910.19.

(h) Termination of child care scholarship eligibility that results from a change in assistance group income exceeding 85% of SMI shall be effective on the date DHHS processes the case.

(i) Pursuant to 45 CFR 98.21(e)(4), a family may voluntarily report any decrease in income during the 12-month eligibility period. In order to have the cost share recalculated for the remainder for the eligibility period, any decrease in income shall be verified by the DO in accordance with He-C 6910.09(r), (s), and (t).

(j) When a family reports a permanent move to another state, child care scholarship eligibility shall terminate on the date that the DO processes the case.

(k) If at any time a family reports that a new provider is providing child care services, the new provider shall be enrolled with DHHS in accordance with He-C 6914 before payment can be made to the provider, and a new Form 1863 “Child Care Provider Form” (October 2023) shall be submitted to the DO by the family, as described in He-C 6910.09(i).

(l) When a family reports a new provider as described in (k) above, Form 1863 “Child Care Provider Form” (October 2023) shall be submitted to the DO within 10 calendar days of the date the child began care with the new provider.

(m) If Form 1863 “Child Care Provider Form” (October 2023) is received by the DO more than 10 calendar days from the date the child began care with the new provider, the DO shall use the date the form was received as the provider link date and effective date to begin payment for child care scholarship.

Source. #7723, eff 7-1-02; amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; ss by #12221, eff 7-10-17 (from He-C 6910.13); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-20-24

He-C 6910.15 Redetermination of Eligibility.

(a) Eligibility for child care scholarship shall terminate at the end of the eligibility period unless the parent has requested and completed a redetermination, in accordance with He-W 606.100, no later than the last day of the prior year’s application or redetermination month.

(b) The purpose of the redetermination shall be to verify and update the information and documentation provided on the application or at the most recent redetermination in an effort to determine current and ongoing child care scholarship eligibility.

(c) A redetermination shall be conducted in the same manner as an application, in accordance with He-C 6910.04, He-C 6910.06, and He-C 6910.09, except:

(1) Verification of information regarding assistance group members, such as name, address, birth information, and citizenship, shall not be required unless changes in assistance group composition or address have occurred since application, or since the most recent redetermination;

(2) Verification of current child care provider via Form 1863 “Child Care Provider Verification” (October 2023) shall not be required if the family is still utilizing the same provider and no information on the previously submitted form has changed; and

(3) For a child experiencing verified disability or significant special need, verification via Form 2690 “Verification for a Child Experiencing Significant Special Need” (October 2023) shall not be required if the condition is considered chronic and non-changing, as indicated by the attending physician, PA, APRN, or LMHP at the time of application, or when verification of the verified disability or significant special need was previously submitted.

(d) At the time of redetermination, the DO shall:

(1) Notify the family of any outstanding verification required to determine ongoing child care scholarship eligibility; and

(2) Notify the family that all outstanding verification shall be submitted to the DO staff within 10 calendar days of the date of the notification, or child care scholarship eligibility shall terminate on the last day of the family’s redetermination month.

(e) If at redetermination the parent is experiencing a temporary absence from their approved employment-related activity, as described in He-C 6910.10(n), child care scholarship shall continue for an additional 12 months.

(f) If a parent is approved for continued assistance, in accordance with He-C 6910.10(s), in the final quarter of the 12-month eligibility period, the family shall complete the redetermination, and the 92-calendar day continued assistance shall take precedence over the new 12-month eligibility period.

(g) If a parent is approved for job search in the final quarter of the 12-month eligibility period, the family shall complete the redetermination and the 92-calendar day job search takes precedence over the new 12-month eligibility period.

(h) The redetermination shall be completed annually, regardless of whether a parent is experiencing one of the circumstances in He-C 6910.10(n).

(i) For any parent who fails to complete the redetermination process, child care scholarship shall terminate at the end of the 12-month eligibility period.

(j) If at redetermination the assistance group’s income increases to an amount exceeding 85% of SMI, child care scholarship eligibility shall terminate.

(k) If at redetermination it is determined that the assistance group’s income has changed since the application or most recent redetermination, the cost share and family cap amount shall be recalculated.

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

(m) If it is determined that the family is no longer eligible, child care scholarship shall terminate on the date specified on the notification, unless continuation of child care scholarship is requested pending the outcome of an appeal, in accordance with He-C 6910.19.

(n) If a family requests a redetermination after the end of the family’s eligibility period, the request shall be treated as a new application, in accordance with He-C 6910.04, and if found eligible, a new eligibility period shall begin on the date the application was received in the DO, and shall be subject to the waitlist pursuant to He-C 6910.11.

(o) The application date or the child care provider link date, whichever is more recent, shall be used to determine the effective date of the 12-month eligibility period and effective date of payment for child care.

Source. #7723, eff 7-1-02; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17 (from He-C 6910.14) ; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

He-C 6910.16 Service Level Determination for Child Care Scholarship Payments.

(a) The child care authorized service level shall be determined at initial eligibility and at redetermination and limited only to the hours that the parent is participating in one or more of the following activities:

(1) Work;

(2) Looking for work;

(3) Seeking housing under the circumstances described in He-C 6910.07(h);

(4) Training or attending class, including online training;

(5) A work study program, subject to the limitations in He-C 6910.13(g) for non-TANF recipients;

(6) An NHEP activity as described in He-W 637;

(7) Duties for AmeriCorps VISTA;

(8) A mental health treatment program or substance misuse treatment program as a recipient of NHEP or FAP, pursuant to RSA 167:83, II(q);

(9) Commuting, equal to one hour per day in one or more approved employment-related activities, not to exceed one hour per day when those commutes are related to (1) through (8) above;

(10) Studying, not to exceed the number of classroom hours spent in a week, and only if billed within the same week as those classroom hours; or

(11) Resting, not to exceed the number of hours worked, if the parent works any 4 hours of the day from 10:00 p.m. to 6:00 a.m. and the child would otherwise be without care and supervision.

(b) The authorized service level shall remain unchanged during any 12-month eligibility period unless:

(1) The parent reports a change in employment-related activities that increases the authorized service level;

(2) The parent requests a decrease in service level; or

(3) A full-time override, as defined in He-C 6910.03(y), is in effect.

(c) The authorized service level shall remain the same as the authorized service level prior to the parent experiencing one of the circumstances in He-C 6910.10(n), unless the parent requests a decrease in service level.

(d) In a continued assistance period following the permanent loss of a job, end of a training or educational activity, or end of participation in a mental health or substance misuse treatment program, the authorized service level shall remain the same as the authorized service level prior to the start of continued assistance.

(e) Children 6 years of age or older whose parent(s) participates in an approved employment-related activity full-time, as defined in He-C 6910.03(x), shall be eligible for half-time service level, unless a full-time override is in effect during school vacations and summer vacation, as described in He-C 6910.03(y).

Source. #7723, eff 7-1-02; ss by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10565, eff 4-4-14; ss by #12221, eff 7-10-17 (from He-C 6910.16); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

He-C 6910.17 Child Care Scholarship Standard Weekly Rate Methodology.

(a) The full-time child care scholarship standard weekly rates shall be established by utilizing a federally-required market rate survey (MRS) of New Hampshire licensed child care center and licensed family child care home rates, conducted every 3 years, pursuant to 45 CFR 98.45.

(b) Standard weekly rates shall be established by the most recent MRS for licensed child care centers and licensed family child care homes at the 75^th percentile:

(c) The standard weekly rate for license-exempt in-home providers shall be established at 70% of the licensed family child care home standard weekly rate for each age category.

(d) The standard weekly rate for license-exempt child care centers shall be established at 50% of the licensed child care center standard weekly rate.

(e) Child care scholarship payment to the child care provider shall be the amount remaining after comparing the provider’s charge for the service to the standard weekly rate, then subtracting the family’s cost share from whichever is the lower rate.

(f) The standard weekly rate for licensed and license-exempt child care centers and licensed family child care homes and license-exempt in-home providers shall be proportioned from the full-time standard weekly rate for half-time and part-time child care.

(g) In addition to the standard weekly rates above, a supplemental payment of $100.00 per week for full-time service level, $75.00 per week for half-time service level, and $50.00 per week for part-time service level shall be paid for a child experiencing a disability or significant special need subject to the verification described in He-C 6910.09(j).

(h) The supplemental payment in (g) above shall be effective the Monday following the approval date on Form 2690 “Verification for a Child Experiencing a Disability or Significant Special Need” (October 2023).

(i) When a child’s age in months reaches the beginning of a new age category, that is, 0-17, 18-35, 36-78, or 79-155 months, for payment, the payment rate shall be changed effective the Monday following the change in age category.

Source. #7723, eff 7-1-02; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10565, eff 4-4-14; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

He-C 6910.18 Cost Share Determination.

(a) A family’s child care scholarship family cap amount and cost share shall be determined as a percent of the family’s monthly gross income adjusted for family size shown. The family cost share is shown in Table 6910.1 below and as follows:

(1) Families whose monthly gross income is less than or equal to 100% of FPG described in He-C 6910.06(b) shall be eligible for step 1;

(2) Families whose monthly gross income is greater than 100% FPG and less than or equal to 138% of FPG as described in He-C 6910.06(b), shall be eligible for step 2;

(3) Families whose monthly gross income is greater than 138% FPG and less than or equal to 85% of SMI as described in He-C 6910.06(b) shall be eligible for step 3;

(b) The family cap amount and cost share shall be calculated by taking the assistance group’s monthly gross income, adjusted for family size, multiplied by the cost share percent associated with the step assigned to the family from Table 6910.1 and divided by 4.33 weeks.

(c) The cost share during the current 12-month eligibility period shall increase or decrease according to changes in the family’s income, but shall not exceed the family cap amount determined at initial eligibility or at the most recent redetermination.

(d) Cost share shall decrease as a result of any verified decrease in income during a 12-month eligibility period unless income was annualized at initial eligibility or redetermination.

(e) Changes in the monthly gross income limit used to calculate eligibility shall be effective on the first day of July following publication of the annual update of the federal poverty guidelines in the Federal Register.

Table 6910.19 Eligibility and Family Cost Share (Based on Family Income)

Step	Federal Poverty Guidelines	Family Cost Share Assigned to Assistance Group
1	≤ 100%	$0/week
2	>100% but ≤138%	$5/week
3	>138% FPG but ≤ 85% SMI	7.0% of family income

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

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

(h) The family shall identify one enrolled child care provider per child to be reimbursed by DHHS pursuant to He-C 6910.07(b)(4).

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

(1) DHHS shall only pay for one enrolled child care provider per child; and

(2) The family shall be responsible for the total cost of care for all additional child care providers.

Source. #7723, eff 7-1-02; amd by #7939, eff 8-23-03; amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; amd by #9665, EMERGENCY RULE, eff 3-1-10, EXPIRES: 8-28-10; ss by #9770-A, eff 8-25-10; ss by #10120, eff 5-7-12; amd by #10370, eff 7-1-13; ss by #12221, eff 7-10-17; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23

He-C 6910.19 Appeals.

(a) A family may appeal within 30 calendar days of the date on the notification of an eligibility decision to reduce, deny, or terminate child care scholarship, in accordance with He-C 200.

(b) If a family files an appeal, in accordance with He-C 200, within 15 calendar days of the date of the notification and requests continuation of child care scholarship, child care scholarship shall continue at the established payment rate until a decision is made regarding the appeal.

(c) If the decision on the appeal upholds the DHHS proposed action, then child care scholarship shall be denied, decreased, or terminated effective the date indicated on the original notification of the denial, decrease, or termination, except when the termination is a result of the parent’s failure to complete the redetermination process in accordance with He-C 6910.15, and in which case the effective date shall be the closure date identified on the notification of redetermination.

(d) If the family opted to continue to receive child care scholarship as provided under (b) above, any overpayment shall be repaid in accordance with He-C 6918.08.

(e) If the decision on the appeal does not uphold the DHHS proposed action:

(1) Eligibility shall be established as provided for in the appeal decision and eligibility shall be effective as described in He-C 6910.10 if the notification proposed a denial of the application; or

(2) The family shall continue to receive child care scholarship as provided for in the appeal decision, if the notification proposed a decrease or termination of child care scholarship.

Source. #9435, eff 3-21-09; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10917, eff 9-1-15; ss by #12221 eff 7-10-17 (formerly He-C 6910.23); ; ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

He-C 6910.20 Waiver of Rules.

(a) A parent who requests a waiver of a requirement in He-C 6910 shall submit the request in writing to DHHS and include the following information:

(1) The parent’s name, address, telephone number, and case number, if applicable;

(2) The specific reference to the section of the rule for which a waiver is being requested;

(3) An explanation of why a waiver is necessary and the length of time, not to exceed 92 calendar days, for which the waiver is being requested;

(4) A written plan to achieve compliance with the rule or an explanation on how the parent will satisfy the intent of the rule, if the waiver is granted; and

(5) The dated signature of the parent.

(b) A waiver shall be granted to the parent if:

(1) DHHS concludes that authorizing deviation from compliance with the rule from which the waiver is sought does not contradict the intent of the rule or conflict with statute; and

(2) The alternative proposed ensures that the object or intent of the rule will be accomplished.

(c) When a waiver is approved, the parent’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which the waiver was sought.

(d) DHHS shall not approve any request for a waiver of any of the provisions relevant to state or federal law or any rules of other state agencies which are referred to in this chapter.

(e) No provision or procedure prescribed by statute shall be waived.

(f) A waiver shall be granted in writing for the length of time requested in (a)(3) above, from the date the waiver was granted.

Source. (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; ss by #12221, eff 7-10-17 (formerly He-C 6910.24); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24

PART He-C 6911 – RESERVED

PART He-C 6912 PREVENTIVE AND PROTECTIVE CHILD CARE ELIGIBILITY AND PROVIDER ENROLLMENT

Statutory Authority: RSA 161:2, XII; RSA167:83, I(b); and RSA 167:83, II(o)

He-C 6912.01 Purpose. The purpose of this part is for the department of health and human services (DHHS), through the division for children, youth, and families (DCYF) for protective child care and through the division of economic and housing stability (DEHS) for preventive child care to:

(a) Establish the eligibility criteria for preventive or protective child care scholarship which support healthy child development and the service or case plan. These types of child care scholarships enable families to prepare for, secure, or maintain employment, participate in other approved activities, or maintain stability of the child while in and out of the home placement;

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

(d) Establish the requirements to become a licensed or license-exempt protective child care provider.

Source. #12222, eff 7-10-17; ss by #13064, eff 7-1-20

He-C 6912.02 Scope.

(a) This part shall apply to:

(1) Families authorized to receive preventive child care scholarship as determined by the comprehensive family support agency; and

(2) Children authorized by DCYF to receive protective child care scholarship pursuant to a court order or non-court ordered agreement between DCYF and the family.

(b) The child care payments established pursuant to He-C 6912 shall be contingent upon the availability and continued appropriation of sufficient funds for this purpose, and in no event shall DHHS be liable for any payments hereunder in excess of such available appropriated funds.

Source. #12222, eff 7-10-17; ss by #13064, eff 7-1-20

He-C 6912.03 Definitions.

(a) "Agency” means the board or directors, executive director, and employees of an organization that is incorporated and recognized by the NH secretary of state.

(b) “Authorization period” means the time for which a child is approved to receive preventive or protective child care.

(c) “Authorized representative” means the person(s) who is designated or authorized by a child care provider to act on behalf of that provider in matters related to billing DHHS for child care services.

(d) “Authorized service level” means full time, half time, or part time service level based on the number of hours per week that child care is authorized based on the work schedule of the parent, the case plan developed by DCYF, or the service plan developed by the comprehensive family support agency.

(e) “Caretaker relative” means a relative who is not the biological parent of the child(ren), but is providing care and supervision of the child(ren).

(f) “Case plan” means the division for children, youth and families (DCYF) written plan for the child and the family which outlines how services will be provided, and requirements to be met by a parent receiving a protective child care scholarship, pursuant to RSA 170-G: 4, III and 42 U.S.C. 671, Part E-Federal Payments for Foster Care and Adoption Assistance 42 USC 671(a) (16) and 42 USC 675(5) (a)-(D) state plan for foster care and adoption assistance.

(g) “Child care” means the act of providing safe and healthy care, including supervision, food, activity, and rest for a child for any portion of a 24- hour day in order to promote healthy child development..

(h) “Child care provider” means a provider of non-residential child care services, including center-based, family-based, and in-home child care services for compensation who or that is legally operating under state law, and complies with applicable state and local requirements for the provision of child care services.

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

(j) “Child experiencing a disability or significant special need(s)” means a child through the age of 17 who has a verified medical, physical, developmental, educational, or emotional condition or significant special need pursuant to He-C 6912.05(f) and He-C 6912.10(b) requiring additional funds for accommodation or classroom adaptation in the child care setting.

(k) ”Child protective service worker (CPSW)” means the DCYF representative who has expertise in managing cases resulting from concerns of child abuse or neglect to ensure families and children achieve safety, permanency and well-being.

(l) "Comprehensive family support agency" means one of the DEHS contracted agencies throughout New Hampshire that provide a range of support services to families and children that focus on strengthening, supporting and building on the strengths and skills of individuals.

(m) “Conflict of interest” means “conflict of interest” as defined in RSA 21-G:21, II.

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

(o) "Division for children, youth and families (DCYF)" means the organizational unit of the department of health and human services that provides services to children, youth, and families referred by courts pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, and RSA 463.

(p) “Employee” means any individual who is employed by a child care provider for compensation or anyone whose activities involve the care or supervision of children for a child care provider or have unsupervised access to children.

(q) “Enrolled child care provider” means that a child care provider has met the requirements found in He-C 6912.06 and He-C 6912.11 and is authorized to receive payment for services from DHHS.

(r) “Family” means a child (ren) and an adult(s) who reside in the same household and who have a birth, foster, step, adoptive, legal guardianship, or caretaker relative relationship.

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

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

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

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

(w) “Good standing” means licensed child care providers are not in violation of He-C 4002.

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

(y) “Legal guardian” means an individual who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of the child(ren).

(z) “Licensed” means a child care provider has been issued a child care license to operate by the commissioner of DHHS, in accordance with RSA 170-E, or has been issued a child care license to legally operate as a child care provider in accordance with the child care licensing requirements of a state neighboring New Hampshire.

(aa) “License-exempt facility based program” means a license-exempt child care provider pursuant to RSA 170-E:3, I (f) and(g).

(ab) “License – exempt in home provider” means a person who is:

(1) Providing child care in a private home;

(2) Exempt from licensure pursuant to RSA 170-E:3; and

(3) One of the following program types:

a. “Relative provider” where the only children in care are the provider’s own children, children related to the provider, and children residing with, the provider” pursuant to, RSA 170-E:3(l); or

b. “Friend or neighbor provider” where any number of the provider’s own children, whether related biologically or through adoption, and up to 3 additional children are cared for regularly for any part of the day, but less than 24 hours, pursuant to RSA 170-E:3.

(ac) “NH Bridges” means the automated case management, information, tracking, and reimbursement system used by DHHS.

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

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

(af) "Preventive child care" means child care authorized by the comprehensive family support agencies to prevent child abuse or neglect and to give the parent an opportunity to participate in programs designed to teach positive parenting skills and address concerns that could lead to child abuse or neglect.

(ag) "Protective child care" means child care authorized by DCYF while there is an open assessment or a founded case of child abuse or neglect in order to assist the parent, according to (ad) above, in maintaining employment, or when child care is in the best interest of the child or to provide an opportunity to address the concerns that lead to abuse or neglect.

(ah) “Recipient” means a member of a family, who meets eligibility requirements or authorization pursuant to He-C 6912 and is receiving a child care scholarship from DHHS. The term includes the term “parent” pursuant to (ad) above.

(ai) “Serious injury” means any injury that occurs to a child while receiving child care services from a licensed or license-exempt child care provider that requires medical treatment by a physician or other health care professional, hospitalization, or CPR performed on the child while the child is in care.

(aj) “Service plan” means a family service record maintained by a comprehensive family support agency that includes but is not limited to a specific crisis or episode of need for a child receiving preventive child care scholarship.

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

(al) “Trauma-informed care” means a practice that promotes a culture of safety, empowerment, and healing.

Source. #12222, eff 7-10-17; ss by #13064, eff 7-1-20

He-C 6912.04 Eligibility for Preventive Child Care Scholarship.

(a) Families shall be eligible to receive preventive child care scholarship when:

(1) The family does not have an open case with DCYF;

(2) A service plan to prevent child abuse or neglect, created by the comprehensive family support agency in conjunction with the parents, is in effect;

(3) The parent is participating in efforts to achieve the goals and objectives required by the service plan created with the comprehensive family support agency;

(4) The comprehensive family support agency has completed and submitted to the department a completed Form 1902 “Referral for Preventive Child Care Services” (June 2017); and

(5) T he provider has completed and submitted to the department Form 1864 “Protective Child Care Provider Verification” (February 2017) certifying that:

a. “I agree that I must report any changes to the cost of care no later than 10 calendar days from the date of the change.”;

b. “I understand that the Department will recover any payment made for inaccurate or fraudulent billing.”;

c. “I certify that this information is true and correct.”; and

d. “I understand that the Department may release child care payment information to the above-named provider, for the purpose of verifying child care payment by the Department of Health & Human Services.”.

(b) Eligibility for preventive child care scholarship shall not be determined solely for receipt of financial assistance.

(c) If the comprehensive family support agency determines that authorized child care is no longer needed or appropriate, the agency shall complete and submit Form 1902 “Referral for Preventive Child Care Services” (June 2017) to provider relations requesting that the authorization for child care be terminated.

(d) Child(ren) eligible to receive preventive child care scholarship shall be less than 13 years of age unless the child(ren) meets the exception criteria below:

(1) The child has cognitive or behavioral concerns, such that the child and the community would be at risk, and the child care scholarship is approved by the comprehensive family support agency; or

(2) The child is experiencing a disability or significant special needs whose condition limits the child’s ability to care for himself or herself, or he or she would cause harm to himself or herself or others without supervision as verified with a completed Form 2690 “Verification for a Child Experiencing a Disability or Significant Special Needs” (May 2020) and the child care scholarship is approved by the comprehensive family support agency.

(e) The child care level of service shall be based on the number of hours per week child care is needed as determined by the number of hours per week the parent is in an approved activity or as authorized by the comprehensive family support agency as being in the best interest of the child;

(f) The authorized service level shall be based on the service plan in (a)(2) above and applies as follows:

(1) For full time authorized service level, the number of hours shall be greater than 30 hours per week;

(2) For half time authorized service level, the number of hours shall be greater than 15 and equal to or less than 30 hours per week; and

(3) For part time authorized service level, the number of hours shall be between one and 15 hours per week.

Source. #12222, eff 7-10-17; ss by #13064, eff 7-1-20

He-C 6912.05 Preventive Child Care Verification Requirements.

(a) Comprehensive family support agencies shall document the need for preventive child care in the service plan.

(b) Preventive child care shall be authorized on Form 1902 for each period of up to 4 months.

(c) The comprehensive family support agency shall indicate on Form 1902 “Referral for Preventive Child Care Services” (June 2017) if the family income exceeds TANF guidelines in order for other funding to be used for preventive child care.

(d) Comprehensive family support agencies shall verify family income and retain the documents listed below in the client file:

(1) Financial statement sheet with parent signature; and

(2) Proof of income such as pay stubs, tax returns, social security statements, and child support statements.

(e) Comprehensive family support agencies shall verify the utilization of preventive child care scholarship through one of the following methods:

(1) Weekly home visit with the family;

(2) Monthly telephone calls or visits to the child care center; or

(3) Meetings at the child care provider location to discuss the needs of the child while in the child care setting.

(f) The following verification requirements shall apply for a child experiencing a disability or significant special need(s):

(1) The parent or guardian shall authorize the release of information to DHHS by completing section III of Form 2690 “Verification for a Child Experiencing a Disability or Significant Special Needs,” (July 2015), and by signing and dating the form, affirming the following:

“By signing below, I authorize this verification to be released to the Department of Health and Human Services. I understand that the information will be held in the strictest confidence and that it will be reviewed by, or shared with, authorized Department of Health and Human Services’ staff involved in the authorization of Child Care and Development Fund Scholarships.”

(2) The child care provider shall complete section I of Form 2690, “Verification for a Child Experiencing a Disability or Significant Special Needs,” (May 2020); and, sign and date the form, certifying the following:

b. “I agree to submit an annual report to DHHS specifying how the monies were spent which include all DHHS requested information necessary for program monitoring.”

(3) A licensed professional shall complete section II of Form 2690, “Verification for a Child Experiencing a Disability or Significant Special Needs,” (May 2020), and sign and date the form, certifying one of the following, as applicable:

a. “I certify that: I am the child’s attending physician, physician’s assistant, advance practice registered nurse, or licensed mental health professional and am providing ongoing treatment; the child’s disability or special need(s) is significant enough that the child requires additional support in a child care setting; and, if the child is 13 through 17 years of age, the child’s condition limits the child’s ability to care for himself/herself or he/she would cause harm to himself/herself or others without supervision.”; or

(g) The provider shall complete and submit to the department Form 1864 “Protective Child Care Provider Verification” (February 2017).

Source. #12222, eff 7-10-17; ss by #13064, eff 7-1-20

He-C 6912.06 Preventive Child Care Provider Qualifications and Requirements for Enrollment.

(a) To be eligible to be enrolled, a preventive child care provider shall meet the following qualifications:

(1) Meet the definition of licensed pursuant to He-C 6912.03(z);

(2) Maintain a current New Hampshire child care license, and be in good standing;

(3) Provide a copy of a New Hampshire child care license;

(4) Review and comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;

(5) The child care provider and his or her employees shall not have a conflict of interest;

(6) Provide proof the child care provider and employees have created an account in the “NH Professional Registry” at https://nhportal.naccrraware.net/nh/;

(7) Provide a certificate of proof the child care provider and employees completed training in trauma-informed care;

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

(9) Maintain liability insurance or provide a disclosure to parents that the program is uninsured pursuant to RSA 170-E:6-b.

(b) In addition to the requirements in He-C 6912.06(a), a child care provider seeking to be enrolled shall submit to DHHS the following documentation for each child care location:

(1) A copy of the provider’s current child care license issued by DHHS’s child care licensing unit;

(2) A completed “State of NH Alternate W-9 Form” (October 2016);

(3) Form 1862 “Child Care Provider Enrollment” (May 2020);

(4) Form 1860 “Child Care Provider Agreement” (May 2020) agreeing:

a. To comply with all the requirements set forth in this agreement;

b. That enrollment is not finalized any payment for child care scholarship will not be made until all required paperwork is complete and required Department of Health and Human Services (DHHS monitoring visit and background checks including investigations and determinations are complete in accordance with He-C 6912 and He-C 6914;

c. To comply with all federal and state laws and regulations including, but not limited to, civil rights, equal opportunity, and non-discrimination, as well as all rules, policies, and procedures, including enrollment requirements and billing directions per He-C 6912, He-C 6914 and He-C 6918;

d. To review the definition of serious injury and report any serious injury or death that takes place in the child care setting during the hours of operation in accordance with He-C 6912 and He-C 6914;

e. To review and comply with the child abuse and neglect requirements of RSA 169-C:29-31;

f. To maintain current licenses, permits, certifications, background checks, professional development/training and other documentation as required by applicable state and federal laws;

g. To maintain liability insurance or provider a disclosure to parents that the program is uninsured pursuant to RSA 170-E:6-b;

h. To submit to monitoring requirements by DHHS per He-C 6912 and He-C 6914;

i. To comply with the minimum standards for health and safety as required by He-C 6912, He-C 6916 or He-C 6917;

j. To submit an annual report to DHHS specifying how the significant special needs differential monies were spent;

k. That signing this form does not create and employer-employee relationship;

l. That I must report any child care payment receive from the State of New Hampshire as income to DHHS when applying for or receiving any additional services or assistive programs for DHHS;

m. To report all changes to DHHS such as changes of address, email address, incorporation, or provider name and if there is a change from social security number to an employer identification number;

n. To report to DHHS if someone new moves into my home or begins working in the child care program;

o. To bill only for child care services provided in compliance with this agreement;

p. That all children under my care that are receiving child care payments from the State of NH will be provided supervision by myself and/or my employee and that I and my employee have completed all background check requirements and health and safety training according to He-C 6912 and He-C 6914 and that if I am providing care in my home, that all household members 18 years and older have completed a background check;

q. To keep daily attendance records, which include child’s first and last name, arrival and departure times, and parent/guardian’s full original signature or electronic signature. I understand that this information is required on the weekly attendance record to confirm the total number of hours billed for each week. I agree to provide all such records and information related to billing and/or services provided to DHHS or its agents as requested and I agree to keep attendance records for a period of 3 years;

r. That I, or my authorized representative, or my employee, will not share the unique DHHS assigned Logon and Personal Identification Number (PIN) with anyone. I understand that the DHHS assigned Logon and PIN is non-transferrable to other individuals. I agree and understand I am responsible for all child care billing invoices submitted by me, my authorized representative, and/or employee;

s. To bill DHHS weekly for services provided in the previous week;

t. That if I submit an incorrect billing invoice, I will make the required corrections and resubmit the billing invoice to DHHS within 60 days after the services were provided. I understand that billing invoices will not be paid beyond 60 days. I agree and understand billing invoices must be submitted via the web billing application. I agree to indicate on the child care billing invoice the time the child was scheduled to attend and the correct designation of Present (P), Absent (A) Closure (C), Staff Professional Development Training (T), DHHS designated Holiday (H) a DHHS authorized declared Disaster (D) as applicable;

u. The child care registration fee charged to families eligible for child care scholarship will not exceed the amount charged to a private paying family;

v. By submitting a child care invoice to DHHS for services provided, I am certifying that the information provided is true and accurate;

w. That I understand that DHHS will recover any payment made for inaccurate or fraudulent billing;

x. To notify DHHS if I believe that I have received an overpayment;

y. The decision to accept or not accept payment from DHHS as payment in full is mine and that I have the option to charge or not to charge the difference (co-payment) between the DHHS payment and my rate to the parent/guardian;

z. If my billing practices are contrary to this agreement and He-C 6912, He-C 6914 and He-C 6918, I will forfeit the right to payment and that I will not bill the parent for the cost of services that could have been paid by DHHS;

aa. That I understand if I have billed improperly, DHHS may require me to complete additional training;

ab. To keep all information concerning children and their families confidential except as otherwise allowed under law;

ac. I am responsible for payment of all required federal and state taxes accrued. DHHS will issue a Form 1099 in January of each year if total reportable payment from all state agencies equals $600 or more. Form 1099 will not be issued for nonprofit agencies or corporations;

ad. That failure to comply with the terms of this agreement is grounds for termination or disqualification of participation as a DHHS enrolled child care provider and possible further action by DHHS;

ae. If there is a founded fraudulent claim by DHHS against me, I will be disqualified from participating as a DHHS enrolled child care provider for a minimum period of 5 years;

af. If I have not billed in over one year, a child’s health or safety is endangered, or if it is determined that I have fraudulently billed, DHHS will terminate my enrollment as a child care provider without advance notice; and

(5) Form 2679 “Provider Web-Billing User Account Request (November 2016).

(c) The child care provider shall complete and submit all forms and the attachments specified in this section to DHHS. The process shall not be considered complete until all of the information requested has been received, including any signatures required on such forms.

(d) The child care provider shall submit the applicable forms and documentation listed in this section by email to DCYF providerrelations@dhhs.nh.gov or mail to:

Department of Health and Human Services

DCYF Provider Relations

129 Pleasant Street

Brown Building 3rd Floor

Concord, NH 03301

(e) If there are forms or required documentation missing, DHHS shall notify the provider in writing of the items required before the enrollment can be processed.

(f) The enrollment application process shall be complete as of the date DHHS makes the determination in (a) above and sends the written notification of the provider’s approval or denial of enrollment. A child care provider shall not be eligible to receive payment prior to the date indicated in the written notification.

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

(h) DHHS shall assign an enrolled child care provider a unique resource identification number for each child care location to be used for child care scholarship payment.

(i) An enrolled child care provider shall notify DHHS in writing within 10 calendar days of any change in the information provided on the enrollment forms, background check or criminal history record information, except as stated in (o) below.

(j) A child care provider who has changed or obtained a new tax identification number shall report the new tax identification number to DHHS by completing and submitting an updated Form 1862, “Child Care Provider Enrollment Form” (May 2020) and an updated “State of NH Alternate W-9 Form” (October 2016).

(k) After DHHS receives the information in (i) above or forms documenting a change as required in (k) above, DHHS shall assign the provider a new resource identification number.

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

(m) If the child care provider’s license is denied or suspended, the comprehensive family support agency shall complete and submit to DHHS Form 1902 “Referral for Preventive Child Care Services” (June 2017) to close the preventive child care authorization and assist the family in locating a licensed child care provider.

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

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

Source. #12222, eff 7-10-17; ss by #13064, eff 7-1-20

He-C 6912.07 Preventive Child Care – Maintaining Enrollment

(a) In order to maintain enrollment, a licensed child care provider shall:

(1) Be qualified to receive NH child care scholarship, as described in, He-C 6912.06(a);

(2) Comply with all requirements in He-C 6912 and He-C 4002;

(3) Maintain a current New Hampshire child care license, and be in good standing;

(4) Provide DHHS with a copy of any new or renewed NH child care license issued within 10 days of issuance or receipt; and

(5) Not have had any license issued through DHHS’s child care licensing unit revoked.

Source. #12222, eff 7-10-17; ss by #13064, eff 7-1-20

He-C 6912.08 Preventive Child Care Renewal of Enrollment.

(a) An enrolled child care provider shall renew their enrollment every 3 years from the date of initial enrollment by completing and submitting the following to DHHS:

(1) A valid New Hampshire child care license or valid permit to operate in accordance, and be in good standing with He-C 4002;

(2) A copy of any new or renewed child care license issued within 10 days of issuance or receipt;

(3) Form 1860 “Child Care Provider Agreement” (May 2020); and

(4) Provide proof the child care provider or an authorized representative has retaken the mandatory DHHS child care scholarship training.

(b) Renewal of enrollment shall remain open when DHHS has received all required forms, records, and checks if the child care provider submitted all of the required forms on or before the enrollment end date.

(d) Renewal of enrollment shall be completed as of the date DHHS makes the determination and sends written notification of the provider’s approval of re-enrollment.

Source. #13064, eff 7-1-20

He-C 6912.09 Eligibility for Protective Child Care Scholarship.

(a) Families shall be eligible to receive protective child care scholarship when there is an open assessment or case through DCYF, and at least one of the following circumstances exists:

(1) The child is placed in out-of-home care, where the parent is working and requires child care while the parent(s) is employed; or

(2) DCYF has authorized child care as being in the best interest of the child when:

a. The child is in out-of-home care and the parent(s) is not employed; or

b. The child(ren) remains in the parent’s home and the family has a founded report of abuse or neglect as defined in RSA 169-C:3, XIII-a.

(b) Child(ren) eligible to receive protective child care scholarship shall be less than 13 years of age unless the child(ren) meets the exception criteria below:

(1) The child has cognitive or behavioral concerns, such that the child and the community would be at risk, and the child care scholarship is approved by the DCYF field administrator; or

(c) No child under the age of 72 months, meaning a child who is 6 years of age, shall be cared for in a license-exempt child care center program pursuant to RSA 170-E:2 XI-a.

(d) The child care level of service shall be based on the number of hours per week child care is needed as determined by the number of hours per week the parent is in an approved activity or as authorized by DCYF as being in the best interest of the child.

(e) The authorized service level shall be determined based on (a)(2) and (d) above and apply as follows:

(1) For full time authorized service level, the number of hours shall be greater than 30 hours per week;

(2) For half time authorized service level, the number of hours shall be greater than 15 and equal to or less than 30 hours per week; and

(3) For part time authorized service level, the number of hours shall be between one and 15 hours per week.

Source. #13064, eff 7-1-20

He-C 6912.10 Protective Child Care Verification Requirements.

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

(1) That the parent is working; or

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

(b) The following verification requirements shall apply for a child experiencing a disability or significant special need(s):

(1) The parent or guardian shall authorize the release of information to DHHS by completing section III of Form 2690 “Verification for a Child Experiencing a Disability or Significant Special Needs,” (May 2020), and by signing and dating the form, affirming the following:

b. “I agree to submit an annual report to DHHS specifying how the monies were spent which include all DHHS requested information necessary for program monitoring”.

a. “I certify that: I am the child’s attending physician, physician’s assistant, advance practice registered nurse, or licensed mental health professional and am providing ongoing treatment; the child’s disability or special need(s) is significant enough that the child requires additional support in a child care setting; and, if the child is 13 through 17 years of age, the child’s condition limits the child’s ability to care for himself/herself or he/she would cause harm to himself/herself or others without supervision.”; or

Source. #13064, eff 7-1-20

He-C 6912.11 Protective Child Care Provider Qualifications and Requirements.

(a) For foster care parents to be eligible to be enrolled as a license-exempt child care provider the foster parent shall meet the following qualifications:

(1) Be licensed as a foster care provider pursuant to He-C 6446;

(2) Provide a copy of the foster care license;

(3) Meet the definition of license-exempt pursuant to He-C 6912.03(ab);

(4) Maintain liability insurance or provide a disclosure to parents that the program is uninsured pursuant to RSA 170-E:6-b;

(5) Review and comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;

(6) The child care provider and his or her employees shall not have a conflict of interest;

(7) Not be the parent of a child for whom he or she is providing care unless the child is receiving protective child care provided by a licensed foster parent who is also a licensed child care provider as approved by a DCYF supervisor and in compliance with He-C 6446.15 (m);

(8) Not be a member of the same residence as the parent or child(ren) receiving child care scholarship unless the child(ren) is in foster care and receiving protective child care scholarship;

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

(10) If licensed with DHHS, child care licensing unit, have a valid New Hampshire child care license or valid permit to operate in accordance with He-C 4002, and be in good standing; and

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

(b) For a license-exempt facility-based program to be eligible to be enrolled, a child care provider shall meet the following qualifications:

(1) Be 18 years of age or older;

(2) Meet the definition of license-exempt pursuant to He-C 6912.03(aa);

(3) Maintain liability insurance or provide a disclosure to parents that the program is uninsured pursuant to RSA 170-E:6-b;

(4) Review and comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;

(5) The child care provider and his or her employees shall not have a conflict of interest; and

(6) Comply with:

a. An annual announced monitoring visit as defined in He-C 6917.03(n); and

b. All the minimum standards for health and safety as required by He-C 6917.

(c) For a licensed child care provider to be eligible to be enrolled, a child care provider shall meet the following qualifications:

(1) Meet the definition of licensed pursuant to He-C 6912.03(z);

(2) Maintain a current New Hampshire child care license and be in good standing;

(3) Provide a copy of a New Hampshire child care license;

(4) Review and comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a; and

(5) The child care provider and his or her employees shall not have a conflict of interest.

(d) In addition to the requirements in He-C 6912.11(a), (b), and (c) above, a child care provider seeking to be enrolled shall submit every 3 years to DHHS for each child care location the following:

(1) If a licensed child care provider:

a. A copy of the provider’s current child care license issued by DHHS’s child care licensing unit;

b. A “State of NH Alternate W-9 Form” (October 2016);

c. Form 1862 “Child Care Provider Enrollment” (May 2020);

d. Form 1860 “Child Care Provider Agreement,” (May 2020), agreeing to the requirements set forth in He-C 6912.06(b)(4)a.-af.; and

e. Form 2679 “Provider Web-Billing User Account Request” (November 2016), with the following understandings:

1. “I understand that provider billing requirements are governed by administrative rules (He-C 6339, He-C 6340, He-C 63487, He-C 6350, He-C 6914) which is incorporated herein by reference and I agree to abide by these requirements.”;

2. “I understand and agree that as a provider, I am responsible for any and all billing invoices submitted by me or on my behalf by my authorized representative, whether user is an employee authorized as a billing representative or authorized billing representative of a management service company.”;

3. “I understand and agree that any payments made which are based on inaccurate or fraudulent billing, whether submitted by me or by my authorized user will be recovered from me by DHHS.”;

4. “I understand and agree that it is my responsibility to notify the Division for Children, Youth and Families by contacting Provider Relations when a user no longer requires access to the web billing application.”;

5. “I understand by submitting an invoice via the Provider Web Billing Application I am certifying that the invoice is true and accurate.”;

6. “I understand and agree that information obtained via the Provider Web Billing Application is confidential and can be used solely for the purposes of administering Division for Children, Youth and Families (DCYF) Services.”;

7. “I understand and agree that I am responsible for my authorized representative, employee, and/or any management service company’s use of the Provider Web Billing Application.”; and

8. “I understand and agree that I must access my web account at least every ninety (90) days or my account will be deactivated.;

(2) If licensed as a foster care provider pursuant to He-C 6446:

a. A copy of the foster parent license;

b. A State of NH Alternate W-9 Form” (October 2016);

c. Form 1862 “Child Care Provider Enrollment” (May 2020);

d. d. Form 1860 “Child Care Provider Agreement,” (May 2020) agreeing to the requirements set forth in He-C 6912.06(b)(4)a.-af.;and

e. Form 2679 “Provider Web-Billing User Account Request” (November 2016) with the following understandings:

3. “I understand and agree that any payments made which are based on inaccurate or fraudulent billing, whether submitted by me or by my authorized user will be recovered from me by DHHS.”;

5. “I understand by submitting an invoice via the Provider Web Billing Application I am certifying that the invoice is true and accurate.”;

7. “I understand and agree that I am responsible for my authorized representative, employee, and/or any management service company’s use of the Provider Web Billing Application.”; and

8. “I understand and agree that I must access my web account at least every ninety (90) days or my account will be deactivated.;

(3) If a license-exempt facility based child care program as defined in RSA 170-E:3, I(a), (b), (f), and (g):

a. A completed, signed and notarized Form 2503 “DCYF Central Registry Name Search Authorization” (October 2016);

b. Form 2505 “A Background Check Information and Authorization” (February 2017) certifying the following:

“I understand the Division for Children, Youth and Families, Child Development Bureau will conduct a background check to include but not limited to: NH State Police Criminal Records (age 18 and older); Fingerprint-based criminal record check of the FBI national database (age 18 and older); check of the state and national sex offender registry and; a central registry for child abuse and neglect check (12 years or older) for every state lived in for the past 5 years. This is in accordance with RSA 170-E:3-a, 170-E;7 and federal laws (Adam Walsh Act and Megan’s Law), and is required for all individuals who ae employed or volunteer for licensed-exempt child care center, and who have contact with the children whose care I receive child care reimbursement from the Department.

I understand that the Division for Children, Youth and Families, Child Development Bureau shall check the National and State Sex Offender Registries, the DCYF Central Registry Name Search and the NH State Police Criminal Records and FBI database.

I understand that I am required to complete and submit a notarized NH Health and Human Services Criminal History Records Information Authorization (DSSP372) and a notarized DCYF Central Registry Name Search Authorization (Form 2503) and that my name will be received against the National and State Sex Offender Registries.

I understand that every member of my household, employee or volunteer age 12 and older will submit a notarized DCYF Central Registry Name Search Authorization (Form 2503) and their names will be reviewed against the National and State Sex Offender Registries.

I understand that every member of my household, employee or volunteer age 18 and older will submit a notarized NH Health and Human Services Criminal Record Information Authorization (DSSP372).

I understand that I am required to complete and submit any other background check information forms as required by any state that I have lived in during the past 5 years.

I understand that every member of my household, employee or volunteer age 18 and older is requested to complete and submit any other background check information forms as required by any state that they have lived in during the past five years.

I understand that I am required to complete and submit a new Background Check Information Form (2505) and all required authorizations on the first day that any information in this form changes. For example: someone moves into your home or begins to have contact with children.

I certify that all information on this form is true and complete. Providing falsified information may be grounds for denying enrollment”.;

c. A “State of NH Alternate W-9 Form” (October 2016);

d. Form 1862 “Child Care Provider Enrollment” (May 2020);

e. Form 1860 “Child Care Provider Agreement” (May 2020) agreeing to the requirements set forth in He-C 6912.06(b)(4)a.-af.;and

f. Form 2679 “Provider Web-Billing User Account Request” (November 2016), with the following understandings:

3. “I understand and agree that any payments made which are based on inaccurate or fraudulent billing, whether submitted by me or by my authorized user will be recovered from me by DHHS.”;

5. “I understand by submitting an invoice via the Provider Web Billing Application I am certifying that the invoice is true and accurate.”;

7. “I understand and agree that I am responsible for my authorized representative, employee, and/or any management service company’s use of the Provider Web Billing Application.”; and

8. “I understand and agree that I must access my web account at least every ninety (90) days or my account will be deactivated.;

(4) Proof the child care provider and employees have created an account in the “NH Professional Registry” at: https://nhportal.naccrraware.net/nh/;

(5) Proof the child care provider or an authorized representative has completed the mandatory DHHS NH child care scholarship training;

(6) Proof the child care provider and employees completed training in trauma-informed care; and

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

(e) All license-exempt child care providers shall complete and submit, at the time of the live scan fingerprint appointment, notarized Form DSSP372 “New Hampshire Health and Human Services Criminal History Record Information Authorization,” (10/1/16) once every 5 years authorizing DHHS to receive fingerprint and criminal background checks for the provider and all household members, an individual identified in He-C 6920.04(a), and:

(1) For a licensed foster parent who is also a license-exempt provider, the child care provider and all household members when child care is provided in the child care provider’s own home;

(2) For a licensed foster parent who is also a license-exempt provider, the child care provider only, when child care is provided in the child’s own home; and

(3) For a license-exempt facility-based program, the provider and all employees.

(f) All licensed foster care providers shall comply with training requirements in accordance with He-C 6446.

(g) Each license-exempt child care provider and each employee providing supervision of children or required to meet staff-to-child ratios, shall submit proof according to (l) below that the provider and employee has completed a minimum of 6 hours of training in all required health and safety topics as follows:

(1) Prevention and control of infectious diseases;

(2) Prevention of sudden infant death syndrome and use of safe sleeping practices;

(3) Administration of medication, consistent with standards for parental consent;

(4) Prevention of and response to emergencies due to food and allergic reactions;

(5) Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic;

(6) Prevention of shaken baby syndrome and abusive head trauma;

(7) Recognizing and reporting child abuse and neglect;

(8) Emergency preparedness and response planning;

(9) Handling and storage of hazardous materials and the appropriate disposal of biocontaminants;

(10) For providers offering transportation, appropriate precautions in transporting children;

(11) Child development, birth through 12 years; and

(12) Trauma-informed care.

(h) A license-exempt child care provider and each employee working for programs operating 4 months or less, such as a summer or recreational program, who has completed the health and safety requirements listed in (g)(1)-(12) above shall complete a minimum of 2 hours of training in any of the health and safety topics listed in (g)(1)-(12) above.

(i) Child care programs that serve only children attending part-day kindergarten or full-day public school shall be exempt from He-C 6912.11(g)(2) and (6).

(j) Each license-exempt child care provider and employee providing supervision of children or required to meet staff to child ratios, shall submit to DHHS proof according to (l) below that the provider and each employee has current certification in:

(1) Pediatric cardiopulmonary resuscitation (CPR) which shall include instruction in CPR and foreign body airway obstruction management for infants and children by the American Red Cross, American Heart Association, Emergency Care and Safety Institute, National Safety Council, or other nationally recognized organization; and

(2) Pediatric first aid.

(k) CPR and first aid training as specified in (j)(1) and (2) above may be taken via correspondence or online, provided a skill test is performed in person prior to becoming certified.

(l) Each license-exempt provider and employee shall obtain documentation of successful completion of the training in (g) above that includes the following:

(1) The title of the training completed;

(2) The name of the organization offering the training;

(3) The name of the trainer, if applicable;

(4) The name of the employee completing the training;

(5) The date on which the training was completed; and

(6) The duration of the training.

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

(n) Each license-exempt child care provider and employee shall complete the required health and safety training and certification in (g) and (j) as follows:

(1) Each newly enrolling license-exempt child care provider and employee shall complete required training prior to enrollment;

(2) Each new employee of a currently enrolled license-exempt center child care provider shall complete the required training within 90 days from the start of employment; and

(3) Each new employee of a currently enrolled license-exempt center child care provider initially hired for 4 months or less or hired in a license-exempt center offering child care services for 4 months or less, such as a summer or recreational program, shall complete the required training within 2 weeks of the start of employment.

(o) The child care provider shall complete and submit to DHHS all forms and the attachments specified in this section. The process shall not be considered complete until all of the information requested have been received, including any signatures required on such forms.

(p) If there are forms or required documentation missing, DHHS shall notify the provider in writing of the items required before the enrollment can be processed.

(q) DHHS shall review all background checks received for child care providers, employees, and household members. If a criminal background check shows the existence of a finding pursuant to He – C 6920.05(a) or a conviction then DHHS shall conduct an investigation pursuant to He-C 6920.07 to determine whether the individual poses a threat to the safety of children pursuant to RSA 170-E:7 and whether the enrollment should be denied.

(r) The child care provider shall submit the applicable forms and documentation listed in this section by email to DCYF providerrelations@dhhs.nh.gov or by mail to:

Department of Health and Human Services

DCYF Provider Relations

129 Pleasant Street

Brown Building 3rd Floor

Concord, NH 03301

(s) DHHS shall review the forms and documents in (d) and (e) above and the results of the background determination in (r) above to determine whether the provider meets all of the qualifications and requirements for enrollment under He-C 6912.

(t) The enrollment application process shall be complete as of the date DHHS makes the determination in (r) above and sends the written notification of the provider’s approval or denial of enrollment. A child care provider shall not be eligible to receive payment prior to the date indicated in the written notification.

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

(v) For a licensed foster care parent enrolling as a license-exempt child care provider, if approved, enrollment shall continue for a period of 2 years from the date on the written verification..

(w) All forms and documentation applicable to the child care provider shall be submitted according to Table 6912.1 below:

Table 6912.1

Forms and Documentation Required for Protective Child Care Enrollment

Form or Document	Licensed	License-Exempt	Licensed Foster Parent
Copy of current N.H. child care license	X	*	*
Copy of current Foster Care license	*	*	X
Form 1860 “Child Care Provider Agreement” (May 2020 )	X	X	X
Form 1862 “Child Care Provider Enrollment Form” (May 2020)	X	X	X
“State of NH Alternate W-9 Form” (October 2016)	X	X	X
Form 2679 “Provider Web-Billing User Account Request” (November 2016)	X	X	X
“Form 2503 DCYF Central Registry Name Search Authorization” (October 2016)	*	X	*
Form 2505 “Background Check Information and Authorization” (February 2017)	*	X	*
DSS P372 “NH Health and Human Services Criminal History Record Information Authorization” (10/1/16)	*	X	*
Health and Safety Training Documentation	*	X	*
First Aid Certification for Pediatric	*	X	*
Pediatric CPR Certification	*	X	*

(x) An asterisk shown in Table 6912.1 shall mean that, for a provider submitting a copy of a current DHHS child care license for purposes of enrollment, the form or document indicated by the asterisk (*) has been provided during the child care licensing process under He-C 4002, and shall not be required to be resubmitted during the enrollment process.

(y) An “X” shown in Table 6912.1 shall mean that the provider shall submit the required form or document indicated by the “X” during the enrollment process.

(z) DHHS shall assign an enrolled child care provider a unique resource identification number for each child care location to be used for child care scholarship payment.

(aa) An enrolled child care provider shall notify DHHS in writing within 10 calendar days of any change in the information provided on the enrollment forms, background check, or criminal history record information authorization provided in Table 6912.1, except as stated in (ad) below.

(ab) A child care provider who has changed or obtained a new tax identification number shall report the new tax identification number to DHHS as required in (aa) above, and submit an updated copy of the Form 1862, “Child Care Provider Enrollment Form” (May 2020) and an updated “State of NH Alternate W-9 Form” (October 2016);

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

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

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

(af) If a license-exempt child care provider changes the location of child care services from the child’s foster home or the foster parent’s private home, DHHS shall not make payment until background checks required by He-C 6920.04 are completed and received for all household members.

Source. #13064, eff 7-1-20

He-C 6912.12 Protective Child Care - Maintaining Enrollment.

(a) In order to maintain enrollment, foster care parents that are license-exempt child care providers shall:

(1) Be qualified to receive child care scholarship, as described in, He-C 6912.11(a);

(2) Comply with all requirements in He-C 6912 and He-C 6446;

(3) Maintain a current foster care license;

(4) Provide DHHS with a copy of any new or renewed foster care license issued within 10 days of issuance or receipt; and

(5) Not have had any license issued through DHHS’s revoked.

(b) In order to maintain enrollment license-exempt child care providers and employees providing supervision of children or required to meet staff to child ratios shall:

(1) Be qualified as stated in He-C 6912.11(a), or (b), or (c);

(2) Comply with all the requirements of enrollment in He-C 6912.11;

(3) Complete a minimum of 2 hours of annual professional development in at least one of the training topics listed below and upload the documentation to the NH Professional Registry, except for a licensed foster care provider who shall comply with training requirements in accordance with He-C 6446:

a. Child development;

b. Health and safety or fire safety;

c. Caring for children with exceptionalities;

d. Nutrition;

e. Any child care related courses sponsored or funded by the department;

f. Indoor and outdoor learning environments;

g. Behavior guidance;

h. Leadership, child care administration, or mentoring;

i. Financial management;

j. Working with families;

k. Legal issues in child care;

l. Child abuse and neglect; and

m. Trauma-informed care;

(4) Complete and upload documentation to the NH Professional Registry a minimum of 2 hours of annual professional development in any of the health and safety topics listed in He-C 6912.11 (g)(1)-(12), except for a licensed foster care provider shall comply with training requirements in accordance with He-C 6446;

(5) Programs operating less than 3 months shall comply with (4) above;

(6) Complete trainings, workshops, technical assistance, or college courses allowed as professional development;

(7) Complete and maintain current pediatric first aid and CPR certifications as required by He-C 6912.11 (j)(1)-(3);

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

(9) Review the definition of serious injury He-C 6912.03(ai) and report any serious injury or death that takes place in the child care setting during the child care provider’s hours of operation as follows:

a. In the event of a serious injury a license-exempt provider shall:

1. Notify the parent(s) immediately;

2. Notify the department within 48 hours; and

3. Provide a written report of the nature and circumstances of the serious injury to DHHS within 7 days; and

b. If a child dies while in the care of a license-exempt child care provider, the provider shall:

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

2. Notify the department of the death within 24 hours; and

3. Provide the department with a written report detailing the circumstances which lead up to the death within 72 hours;

(10) In addition to the reporting requirements in (9)(a) and (b) above, upon request provide the department with any other available information regarding the serious injury or death;

(11) Comply with the requirement of an annual announced monitoring visit by DHHS pursuant to He-C 6916 and He-C 6917, except for a licensed foster care provider who shall comply with monitoring requirements in accordance with He-C 6446;

(12) Schedule an annual announced monitoring visit no later than 2 weeks after receiving contact from DHHS to determine compliance with He-C 6916 and He-C 6917, except for a licensed foster care provider who shall comply with monitoring requirements in accordance with He-C 6446;

(13) Complete the professional development specified in (a)(3) and (4) above during each 12- month period not to exceed the DHHS annual monitoring visit date, except for a licensed foster care provider who shall comply with monitoring requirements in accordance with He-C 6446; and

(14) Require all child care employees hired after the DHHS provider enrollment date to complete the professional development specified in (a)(3) and (4) above by the end of each 12- month period based on the individual’s date of hire.

(1) Be qualified to receive NH child care scholarship, as described in He-C 6912.11(c);

(2) Comply with all requirements of enrollment in He-C 6912;

(3) Maintain a current New Hampshire child care license, and be in good standing; and

(4) Provide DHHS with a copy of any new or renewed NH child care license issued within 10 days of issuance or receipt.

Source. #13064, eff 7-1-20

He-C 6912.13 Protective Child Care Renewal of Enrollment.

(a) Enrolled child care providers shall renew their enrollment every 3 years from the date of initial enrollment by completing, dating, signing, and submitting to DHHS the forms and documents listed below, except for a licensed foster care provider, who shall comply with requirements in accordance with He-C 6446:

(1) For licensed providers:

a. A copy of a valid New Hampshire child care license or valid permit to operate in accordance with He-C 4002, and be in good standing;

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

c. Form 1860 “Child Care Provider Agreement,” (May 2020), agreeing to the requirements set forth in He-C 6912.06(b)(4)a.-af and as listed in Tables 6912.1;

(2) For license-exempt providers provide DHHS with:

a. A Form 2503 “DCYF Central Registry Name Search Authorization,” (October 2016) for the child care provider, all employees, or household members;

b. An updated Form 2505 “Background Check Information and Authorization,” (February 2017) certifying the following:

I understand that every member of my household, employee or volunteer age 18 and older will submit a notarized NH Health and Human Services Criminal Record Information Authorization (DSSP372).

I understand that I am required to complete and submit any other background check information forms as required by any state that I have lived in during the past 5 years.

I certify that all information on this form is true and complete. Providing falsified information may be grounds for denying enrollment”; and

c. A Form 1860 “Child Care Provider Agreement,” (May 2020), agreeing to the requirements set forth in He-C 6912.06(b)(4)a.-af; and

(3) Provide proof the child care provider or an authorized representative has retaken the mandatory DHHS child care scholarship training, except for a licensed foster care provider who shall comply with requirements in accordance with He-C 6446.

(b) In addition to (a)(2) above, license-exempt providers shall be in compliance with He-C 6912.12 (a) and (b).

(c) Renewal of enrollment shall remain open when all required forms, records, and checks are received by DHHS if the child care provider submitted all of the required forms on or before the enrollment end date.

(d) Renewal of enrollment shall close if DHHS does not receive all required forms prior to the enrollment end date.

(e) Renewal of enrollment shall be completed as of the date DHHS makes the determination and sends written notification of the provider’s approval of re-enrollment.

Source. #13064, eff 7-1-20

He-C 6912.14 Access to Child Care Settings.

(a) An enrolled child care provider shall allow a parent access to his or her child(ren) at all times while the child(ren) is in the child care provider’s care, unless allowing access is contrary to a court order or a court-ordered parenting plan.

(b) An enrolled child care provider shall upon request, share information about a child’s needs and progress with the parent or authorized DHHS staff, unless sharing information with the parent is contrary to a court order.

(c) An enrolled child care provider shall allow authorized DHHS staff to visit, during the time a child receives child care, to observe the child to ensure the health or safety of the child in the child care setting.

(d) An enrolled child care provider shall allow authorized DHHS staff to visit during operating hours when DCYF has received a complaint about a child’s health or safety in the child care setting.

Source. #13064, eff 7-1-20

He-C 6912.15 Authorization Period.

(a) For preventive child care scholarship the comprehensive family support agency shall authorize no more than 4 months of preventive child care services at a time using Form 1902 “Referral for Preventive Child Care Services,” ( June 2017).

(b) For protective child care scholarship:

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

(2) If the protective case closes prior to the end of the 6-month authorization period, the parent(s) with a need for continued child care shall be referred to:

a. The comprehensive family support agency to create a service plan that may include the authorization of preventive child care scholarship; or

b. The district office to apply for employment related child care scholarship.

Source. #13064, eff 7-1-20

He-C 6912.16 Child Care Scholarship Payment for Preventive and Protective Care.

(a) The full time child care weekly standard rates shall be established by the federally required market rate survey (MRS) of New Hampshire licensed child care center and licensed family child care home rates conducted every 2 years.

(b) Weekly standard rates shall be established for licensed child care centers and licensed family child care homes at:

(1) The 60th percentile of the most recent MRS for birth through 35 months; or

(2) The 55th percentile of the most recent MRS for each age category.

(c) A weekly standard rate for license-exempt child care home providers shall be established at 70% of the licensed family child care home standard rate for each age category.

(d) A weekly standard rate for license-exempt child care centers shall be established at 50% of the licensed child care center standard rate.

(e) The weekly standard rate for licensed and license-exempt child care centers and license and license-exempt family homes shall be proportioned from the full time weekly standard rate for half time and part time child care.

(f) Preventive child care scholarship payments shall be based on the child care scholarship standard rate methodology pursuant to (a)-(e) above and a provider may charge the difference between the weekly standard rate and the child care provider’s actual charge.

(g) Protective child care scholarship payments shall be based on the DHHS weekly standard rate pursuant to (a) – (f) and a provider may charge the difference between the weekly standard rate and the child care provider’s actual charge.

(h) In addition to the standard rates, a supplemental payment of $100.00 full time, $75.00 half time, and $50.00 part time per week shall be paid for a child experiencing a disability or significant special need(s) subject to the verification described in He-C 6912.05(e) and He-C 6912.10 (b).

(i) The supplemental payment in (h) above shall be effective the Monday following the approval date on the Form 2690, “Verification for a Child Experiencing a Disability or Significant Special Need(s)” (May 2020).

(j) When a child’s age in months reaches the beginning of a new age category, that is, 0-17, 18-35, 36-78, or 79-155 months, the payment rate shall be changed effective the Monday following the change in age category.

(k) The child care scholarship payments established pursuant to He-C 6912.16 shall be contingent upon the availability and continued appropriation of sufficient funds for this purpose, and in no event shall DHHS be liable for any payments hereunder in excess of such available appropriated funds.

Source. #13064, eff 7-1-20

He-C 6912.17 Denial, Disqualification and Termination of Provider Enrollment.

(a) Licensed and license-exempt child care providers shall be denied enrollment or re-enrollment if:

(1) A license-exempt protective child care provider fails to meet all the applicable requirements of He-C 6912.11, He-C 6912.12, He-C 6912.13 and He-C 6920; or

(2) A licensed preventive and protective child care provider fails to meet all of the applicable requirements of He-C 6912.06, He-C 6912.07, He-C 6912.08, He-C 6912.11, He-C 6912.12, and He-C 6912.13.

(b) Enrollment of licensed and license-exempt child care providers shall be terminated if:

(1) The child care provider requests to have his or her enrollment terminated; or

(2) An enrolled child care provider is not providing child care and has not received child care payment from DHHS for the previous 12 consecutive months.

(1) The enrolled child care scholarship provider is convicted of fraud by the court pursuant to RSA 167:17-b;

(2) The enrolled child care scholarship provider does not meet the criteria in (c)(1) above, but has been found to have committed fraud by an investigation conducted by DHHS pursuant to RSA 161:2, XV;

(3) DHHS determines that the health or safety of a child is endangered as a result of:

a. The licensed child care provider’s care, as described in RSA 170-E:4, II, RSA 170-E:7, and He-C 4002.09(i)(1) through (11) ;

b. The license-exempt child care provider’s care as described in RSA 170-E:4, II and the provider fails to comply with the requirements of He-C 6920.08, and RSA 170:3-a ; or

c. The licensed foster care parent as described in RSA 170E:35 and the foster care parent fails to comply with the requirement of He-C 6446.29;

(4) The child care provider is licensed, and the child care license, foster care license, or permit was denied or revoked prior to or during the enrollment period;

(5) There has been a disciplinary action taken by a licensing body in any state;

(6) The child care provider has provided false or misleading statements to DHHS relating to the requirements in He-C 6912;

(7) At any time the child care provider has failed to disclose that any person in the household has been convicted of a crime identified by the background checks or found to have committed child abuse or neglect pursuant to RSA 169-C, or He-C 4002.09, He-C 6920.04, and He-C 6446.26;

(8) The child care provider has provided false or misleading billing documentation, pursuant to He-C 6918.06;

(9) The child care provider has failed to comply with any of the elements of the provider agreement Form 1860, “Child Care Provider Agreement,” (May 2020) as required by He-C 6912.06, He-C 6912.07, He-C 6912.08, He-C 6912.11, He- C 6912.12, and He- C 6912.13;

(10) The child care provider does not comply with He-C 6912, He-C 6914, He-C 6916, He-C 6917, He-C 6918, He-C 6920, He-C 4002 for licensed child care providers, and He-C 6446 for licensed foster parents; or

(11) The child care provider has cared for a child in a manner which endangers/endangered the health, safety, or welfare of the child(ren), in violation of RSA 170-E:4, II.

(d) The child care provider shall be disqualified immediately from enrollment and receive no state funds under the child care scholarship program for a period of not less than 5 years, if any of the following have occurred:

(1) The child care provider has committed fraud, as defined in He-C 6912.03(v) in any program administered by DHHS;

(2) The child care provider has not been convicted of fraud, but DHHS has found the provider has misrepresented information, or made repeated billing errors and failed to comply with any corrective action relating to the billing errors;

(3) The child care provider has had his or her child care license or permit revoked pursuant to RSA 170-E:12, V;

(4) After an investigation by DHHS pursuant to He-C 6920.07, the provider has been found to be in violation of RSA 170-E:12, V and RSA 170-E:35;

(5) The child care provider has billed for child care services provided by another provider or person; or

(6) The child care provider has billed for child care services while not in compliance with child care licensing requirements of He-C 4002 or foster care parent licensing requirements He-C 6446.

(e) The opportunity for informal dispute resolution described by He-C 4002.11 shall not apply to any provider who has been disqualified due to fraud as described in (c) above.

(f) The child care provider who has been disqualified in accordance with (d) above shall be sent a letter from DHHS regarding the disqualification as follows:

(1) The letter shall be sent via certified mail to the provider informing him or her of the date of the disqualification;

(2) The letter shall include the reason(s) for the disqualification; and

(3) The letter shall include information about the provider’s right to appeal the disqualification in accordance with He-C 200.

(g) DHHS shall notify any parent, comprehensive family support agency, or CPSW who is utilizing a provider authorized for payment for child care services pursuant to He-C 6912 and He-C 6910 who has been disqualified by DHHS.

Source. #13064, eff 7-1-20

He-C 6912.18 Appeals.

(a) A child care provider may appeal a decision made by DHHS within 30 calendar days of the receipt of the notification when:

(1) The application for enrollment has been denied;

(2) Payments have been withheld;

(3) Enrollment has been terminated or not renewed; or

(4) The child care provider has been disqualified.

(b) The request for an appeal shall be made in accordance with He-C 200.

(c) If the child care provider files an appeal in accordance with He-C 200 within 15 calendar days from the date on the notification and requests continuation of a child care scholarship, then a child care scholarship shall continue at the established payment rate.

(d) If the child care provider opted to continue to receive child care scholarship payment during an appeal, and the decision is upheld by the hearings officer, the provider shall repay to DHHS any payment made after the effective date on the letter notifying the provider of his or her non-renewal or termination.

(e) If the hearings officer finds in favor of the child care provider, then the non-renewal or termination shall not take effect.

Source. #13064, eff 7-1-20

He-C 6912.19 Confidentiality.

(a) Except for law enforcement agencies or in an administrative proceeding against the applicant or enrolled programs, the department shall keep confidential any information collected during an investigation, unless it receives an order to release, destroy, or take any action relating to the information from a court of competent jurisdiction.

(b) Programs shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of children under their care and all facts learned about children and their families with the following exceptions:

(1) Programs shall allow the department access to all records that programs are required by department rule or state statute to keep, and to such records as necessary for the department to determine staffing patterns and staff attendance; and

(2) Programs shall release information regarding a specific child only as directed by a parent of that child, or upon receipt of written authorization to release such information, signed by that child’s parent.

(c) Programs shall discuss or share information regarding the admission, progress, behavior, health, or discharge of a child with the child’s parent(s) in a manner that protects and maintains confidentiality for both the child and the child’s parent(s).

Source. #13064, eff 7-1-20

He-C 6912.20 Waiver of Rules.

(a) Providers who request a waiver of a requirement in He-C 6912 shall submit a written request to DHHS, which includes the following information:

(1) The program name, address, phone number, and Bridges resource ID number assigned by the department;

(2) The specific reference to the section of the rule for which a waiver is being requested;

(3) An explanation of why a waiver is necessary, the length of time, not to exceed 92 calendar days, for which the waiver is requested, and any effect the granting of the waiver will have on the health or safety of the children in the program;

(4) The number and age range of children who will be affected by the waiver;

(5) A written plan to achieve compliance with the rule or explaining how the provider will satisfy the intent of the rule, if the waiver is granted;

(6) The signature of the enrolled child care provider; and

(7) The signature of the parent or copy of a notice which has been shown to, or mailed to each parent, explaining the waiver request and informing the parent that they may call the department if they have any concerns about the requested waiver.

(b) A waiver shall be granted to the child care provider if the department determines that:

(1) Deviation from compliance with the rule from which the waiver is sought does not contradict the intent of the rule or conflict with statute; and

(2) The alternative proposed ensures that the object or intent of the rule will be accomplished.

(c) When a waiver is approved, the program’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.

(d) The department shall not approve any request for a waiver of any of the provisions relevant to state or federal law or any rules of other state agencies which are referred to in this chapter.

(e) A waiver request shall be denied when any of the following occurs:

(1) The department finds that approval of the requested waiver will jeopardize the health or safety of children;

(2) The department finds that approval of the requested waiver will impair the program’s ability to adequately care for children; or

(3) The departments finds that approval of the requested waiver will impair the operations of the program.

(f) A waiver shall be granted in writing for the length of time requested in (a)(3) above from the date the waiver was granted.

Source. #13064, eff 7-1-20

PART He-C 6913 - RESERVED

PART He-C 6914 CHILD CARE PROVIDER ENROLLMENT REQUIREMENTS

He-C 6914.01 Purpose. The purpose of this part is to identify the requirements to become a child care provider of licensed and license-exempt child care services for the department of health and human services (department).

Source. #12223, eff 7-10-17; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

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

Source. #12223, eff 7-10-17; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

He-C 6914.03 Definitions.

(a) “Agency” means the board of directors, executive director, and employees of an organization that is incorporated and recognized by the NH secretary of state.

(b) “Caretaker relative” means a relative, who is not the biological or adoptive parent of a child, but is providing care and supervision of the child in the assistance group.

(c) “Child care” means the act of providing safe and healthy care, including supervision, food, activity, and rest for a child for any portion of a 24-hour day, in order to promote healthy child development.

(d) “Child care provider” means a provider of non-residential child care services, including center-based, family-based, and in-home child care services, for compensation that is legally operating under state law, and complies with applicable state and local requirements for the provision of child care services.

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

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

(g) “Conflict of interest” means “conflict of interest” as defined in RSA 21-G:21, II.

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

(i) “Employee” means any individual who is employed by a child care provider for compensation or anyone whose activities involve the care or supervision of children for a child care provider or have unsupervised access to children.

(j) “Enrolled child care provider” means a child care provider who has met the requirements found in He-C 6914 and is authorized to receive payment for services from the department. The term includes the definition of “registered provider” pursuant to RSA 170-E:6-a.

(k) “Family” means a child(ren) and an adult(s) who reside in the same household and who have a birth, foster, step, adoptive, legal guardianship, or caretaker relative relationship.

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

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

(n) “Friend or neighbor provider” means a provider who cares for any number of the provider’s own children, whether related biologically or through adoption, and up to 3 additional children regularly for any part of the day, but less than 24 hours.

(o) “Good standing” means licensed child care providers are not in violation of He-C 4002.

(p) “Legal guardian” means an individual who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of the child(ren).

(q) “Licensed” means a child care provider has been issued a license to operate by the commissioner of the department, in accordance with RSA 170-E, or has been issued a license to legally operate as a child care provider in accordance with the licensing requirements of a state neighboring New Hampshire.

(r) “License-exempt facility-based program” means ” a license-exempt child care provider pursuant to RSA 170-E:3, I(f) and (g).

(s) “License-exempt in home provider” means a person who is:

(1) Providing child care in a private home;

(2) Exempt from licensure pursuant to RSA 170-E:3; and

(3) Either a relative provider, a friend, or a neighbor provider.

(t) “NH Bridges” means the automated case management, information, tracking, and reimbursement system used by the department.

(u) “NH Connections Information System” means an online portal for child care staff to access professional development opportunities, complete background record checks, and allow child care program directors to manage staff requirements and respond to program monitoring results.

(v) “NH Connections” means the consumer-facing website that provides child care information and resources to families and child care providers.

(w) “Notification” means a written or printed document that advises:

(1) Families of:

a. The results of eligibility determinations; and

b. Other changes in child care scholarship; or

(2) Providers of:

a. Changes to a family’s child care scholarship, as applicable;

b. The maintenance of the child care provider’s enrollment status; and

c. Other information related to the child care provider’s compliance with these rules.

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

(y) “Relative” means grandparents, great grandparents, siblings who live in a separate residence, or aunts and uncles, pursuant to 45 CFR 98.41(a)(1)(i)(B)(1).

(z) “Serious injury” means any injury that occurs to a child while receiving child care services from a licensed or license-exempt child care provider that requires medical treatment by a physician or other health care professional, hospitalization, or pediatric cardiopulmonary resuscitation (CPR) performed on the child while the child is in care.

Source. #12223, eff 7-10-17; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

He-C 6914.04 Employment Related Child Care Provider Qualifications and Requirements for Enrollment.

(a) To be eligible to be enrolled, a child care provider shall meet the following qualifications:

(1) Be 18 years of age or older;

(2) Meet the definition of licensed pursuant to He-C 6914.03(q) or the definition of license-exempt pursuant to He-C 6914.03(r) and (s);

(3) Maintain liability insurance or provide a disclosure to parents that the program is uninsured pursuant to RSA 170-E:6-b;

(4) Review and comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;

(5) The child care provider and the provider’s employees shall not have a conflict of interest;

(6) Not be the parent of a child for whom the provider is providing care unless the child is receiving protective child care provided by a licensed foster parent as approved by the department;

(7) Not be a member of the same residence as the parent or child(ren) receiving child care scholarship unless:

a. The child(ren) is in foster care and receiving protective child care scholarship; and

b. Where the “residence” is a dwelling which:

1. Has a separate bathroom and kitchen;

2. Has a separate entrance and mailing address; and

3. For which there are independent living expenses including one or more of the following:

(i) Electricity billing statement for the address identified in b. above;

(ii) Gas or oil billing statement for the address identified in b. above; or

(iii) A lease agreement stating that any of above costs are included in the payment of rent;

(8) If license-exempt shall complete a background record check in compliance with He-C 6920 and:

a. If home based:

1. Submit to an annual announced monitoring visit as defined in He-C 6916.03 prior to department enrollment; and

2. Comply with all the minimum standards for health and safety as required by He-C 6916; or

b. If facility based:

1. Submit to an annual announced monitoring visit as defined in He-C 6917.03; and

2. Comply with the minimum standards for health and safety as required by He-C 6917;

(9) Not have had any permit or license issued through the department’s child care licensing unit (CCLU) revoked; and

(10) If licensed, have a valid New Hampshire child care license or valid permit to operate in accordance with He-C 4002, and be in good standing.

(b) In addition to being qualified under He-C 6914.04(a) above, a child care provider seeking to be enrolled shall complete and submit to the department the following documentation for each child care location:

(1) If a licensed child care provider:

a. A copy of the provider’s current child care license issued by CCLU;

b. “State of New Hampshire Alternate W-9 Form” (11/2/2021);

c. Form 1862 “Child Care Provider Enrollment” (March 2025); and

d. Form 1860 “Child Care Provider Agreement” (March 2025);

(2) If a license-exempt family child care provider:

a. “State of New Hampshire Alternate W-9 Form” (11/2/2021);

b. Form 1862 “Child Care Provider Enrollment” (March 2025); and

c. Form 1860 “Child Care Provider Agreement” (March 2025); or

(3) If a license-exempt center child care provider as defined in RSA 170-E:3, I(a), (b), (f), and (g):

a. “State of New Hampshire Alternate W-9 Form” (11/2/2021);

b. Form 1862 “Child Care Provider Enrollment” (March 2025); and

c. Form 1860 “Child Care Provider Agreement” (March 2025).

(d) Each licensed and license-exempt child care provider and their employees shall create an account in the “NH Connections Information System (NHCIS)” at https://new-hampshire.my.site.com/nhccis/s/login/.

(e) All child care staff who are responsible for the supervision of children including program directors shall submit proof according to (k) below that the provider and employee has completed a minimum of 6 hours of training in total in all required health and safety topics listed below:

(1) Prevention and control of infectious diseases, including immunizations as referenced in He-C 6916.10(h), (i), (j), and (k) and He-C 6917.10(l), (m), (n), and (o);

(2) Prevention of sudden infant death syndrome, shaken baby syndrome, and abusive head trauma and use of safe sleeping practices;;

(3) Administration of medication, consistent with standards for parental consent;

(4) Prevention of and response to emergencies due to food and allergic reactions;

(5) Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic;

(6) Prevention of child maltreatment;

(7) Recognizing and reporting child abuse and neglect;

(8) Emergency preparedness and response planning that shall include all requirements as listed in He-C 6916.07 and He-C 6917.07;

(9) Handling and storage of hazardous materials and the appropriate disposal of biocontaminants;

(10) For providers offering transportation, appropriate precautions in transporting children; and

(11) Child development for birth through 12 years including the major domains pursuant to 45 CFR 98.44(b)(1)(iii):

a. Cognitive;

b. Social;

c. Emotional;

d. Physical development; and

d. Approaches to learning.

(f) A license-exempt child care provider and each employee working for programs operating 4 months or less, such as a summer or recreational program, who has completed the health and safety requirements listed in He-C 6914.04(e)(1)-(11) shall complete a minimum of 2 hours of professional development in any of the health and safety topics listed in He-C 6914.04(e)(1)-(11).

(g) Child care programs that serve only children attending part day kindergarten or full-day public school shall be exempt from He-C 6914.04(e)(2).

(h) All child care staff who are responsible for the supervision of children including program directors shall submit proof according to (k) below to the department that the provider and each employee has current certification in:

(1) CPR which shall include instruction in CPR and foreign body airway obstruction management for infants and children by the American Red Cross, American Heart Association, Emergency Care and Safety Institute, National Safety Council, or other nationally recognized organization; and

(2) Pediatric first aid.

(i) CPR and first aid training as specified in (h)(1) and (h)(2) above may be taken via correspondence or online, provided a skill test is performed in person prior to becoming certified.

(j) Each license-exempt provider and employee shall obtain documentation of successful completion of the training in (e) above that includes the following:

(1) The title of the training completed;

(2) The name of the organization offering the training;

(3) The name of the trainer, if applicable;

(4) The name of the employee completing the training;

(5) The date on which the training was completed; and

(6) The duration of the training.

(k) Each license-exempt child care provider and employee shall upload documentation in (e) and (h) above to NHCIS located at https://new-hampshire.my.site.com/nhccis/s/login.

(l) Each license-exempt child care provider and employee, shall complete the required health and safety training and certification in (e) and (h) as follows:

(1) Each newly enrolling license-exempt child care provider and employee shall complete required training prior to enrollment;

(2) Each new employee of a currently enrolled license-exempt center provider shall complete the required training within 90 days from the start of employment; and

(m) Each license-exempt child care provider shall schedule an annual announced monitoring visit no later than 2 weeks after receiving contact from the department to determine compliance with He-C 6916 and He-C 6917 except when:

(1) The child(ren) are cared for in the child’s own home by a relative with no additional children who are not related to the child(ren) being cared for; or

(2) The child(ren) are cared for by a relative in the relative’s own home with no additional children who are not related to the child(ren) or provider.

(n) If the license-exempt child care provider is exempt from (m) above, the provider and where applicable, the parent, shall complete, sign, date, and submit to the department Form 2692 “Health and Safety Self-Certification” (March 2025) certifying the following:

“The home has working smoke detectors and fire extinguishers on all floors.

The child care provider does not use corporal punishment. Corporal punishment means the use of physical force, physical restraint, or physical actions against a child as a means of discipline.

The child care provider will allow the parent or guardian unlimited access to the children while in the provider’s care.

The child care provider must be free of communicable diseases; be physically able and mentally capable of caring for the children.

The home has been checked (including indoor care areas and yard) and is safe for children. Children are protected from dangers such as standing bodies of water including pools and spas, electrical outlets, stairs, poisonous materials, medications, guns, and ammunition. A self-assessment checklist is available through the “NH Connections” website at https://www.nh-connections.org/.

The provider has access to a telephone and emergency telephone numbers are readily accessible.

Provider’s Statement: I certify all information provided and contained on this form are true and accurate to the best of my knowledge. If I am providing child care to a related child in my home, I certify that my home meets the basic health and safety requirements listed in Section 3. I understand that health and safety training resources are available at https://www.nh-connections.org/ and through NHCIS at https://new-hampshire.my.site.com/nhccis/s/login.

Parent/Guardian’s Statement: I have approved the person named on this form to care for my children. I understand all information provided and contained on this form are true and accurate to the best of my knowledge. I understand that it is my responsibility to make sure the child care provided to my children and the place where care is provided is safe. I understand that the State of NH will not monitor the safety of the child care provided. I take full responsibility for the child care provided by this child care provider.”

(o) A child care provider shall complete and submit to the department all forms and attachments specified in this section.

(p) The child care provider shall submit the applicable forms and documentation listed in this section through NHCIS or by mail to:

Department of Health and Human Services

Bureau of Child Development and Head Start Collaboration

129 Pleasant Street

Concord, NH 03301

(q) If there are forms or required documentation missing, the department shall notify the provider in writing of the items required before the enrollment can be processed.

(r) The enrollment process shall be considered complete when:

(1) All forms and attachments specified in this section are submitted to the department, including any signatures required on such forms; and

(2) If applicable, the department announced monitoring visit referenced in (m) above, has been conducted by CCLU.

(s) The enrollment date shall be effective the date the department announced monitoring visit was conducted and deemed to meet the requirements of He-C 6916 or He-C 6917, except license-exempt providers pursuant to (m)(1) and (2) above, the effective date shall be when all forms and attachments specified in this section are submitted to the department, including Form 2692 “Health and Safety Self-Certification” (March 2025).

(t) The department shall review all background checks received for child care providers, employees, and household members. If a criminal background check shows the existence of a finding or a conviction, the department shall conduct an investigation pursuant to He-C 6920.07 to determine whether the individual poses a threat to the safety of children pursuant to RSA 170-E:7 and whether the enrollment should be denied.

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

(v) The enrollment process shall be complete as of the date the department makes the determination in (u) above and sends the written notification of the provider’s approval or denial of enrollment. A child care provider shall not be eligible to receive payment prior to the date indicated in the written notification.

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

(x) The department shall assign an enrolled child care provider a unique resource identification number for each child care location to be used for child care scholarship payment.

(y) An enrolled child care provider shall notify the department in writing within 10 calendar days of any change in the information provided on the enrollment forms, background check, or criminal history record information as defined in He-C 6920.03(i), except as stated in (ad) below.

(z) A child care provider who has changed or obtained a new tax identification number shall report the new tax identification number to the department as required in (y) above and complete and submit a copy of the Form 1862, “Child Care Provider Enrollment Form” (March 2025) and “State of New Hampshire Alternate W-9 Form”(11/2/21).

(aa) After the department receives the information and forms documenting a change as required in (z) above, the department shall assign the provider a new resource identification number as described in (x) above.

(ab) If a child care provider has had their child care license under He-C 4002 denied or suspended, the department shall review the documentation of the license denial or suspension from CCLU, to determine if the child care provider meets the qualifications of a license-exempt provider in accordance with He-C 6914 and RSA 170-E:3.

(ac) An enrolled child care provider shall be a vendor of child care services and shall not be considered an employee of the department.

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

(ae) If a license-exempt child care provider changes the location of child care services from the child’s own home to the provider’s private home, the department shall not make payment until background checks required by He-C 6920.04 are completed and received for all household members.

Source. #12223, eff 7-10-17; amd by #12536, eff 5-24-18; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

He-C 6914.05 Employment Related Child Care - Maintaining Enrollment.

(a) In order to maintain enrollment, license-exempt child care providers and employees providing supervision of children, or who are required to meet staff to child ratios, shall:

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

(2) Comply with all the requirements of enrollment in He-C 6914.04;

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

a. Child development;

b. Health and safety or fire safety;

c. Caring for children with exceptionalities;

d. Nutrition;

e. Any child care related courses sponsored or funded by the department;

f. Indoor and outdoor learning environments;

g. Behavior guidance;

h. Leadership, child care administration, or mentoring;

i. Financial management;

j. Working with families;

k. Legal issues in child care;

l. Child abuse and neglect; and

m. Trauma-informed care;

(4) Complete a minimum of 2 hours of annual professional development in any of the health and safety topics listed in He-C 6914.04(e)(1)-(11) and upload the documentation to NHCIS;

(5) Complete the professional development specified in (a)(3) and (4) above during each 12-month period prior to the department annual monitoring visit date;

(6) Complete, for programs operating 4 months or less, a minimum of 2 hours of professional development in any of the health and safety topics listed in He-C 6914.04(e)(1)-(11) in lieu of the training requirements in He-C 6914.05(a)(3)-(4);

(7) Be permitted to complete trainings, workshops, technical assistance, or college courses as professional development;

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

(9) Complete, every 5 years, a full background record check through NHCIS;

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

(11) Review the definition of serious injury as defined in He-C 6914.03(z) and report any serious injury or death that takes place in the child care setting during the child care provider’s hours of operation as follows:

a. In the event of a serious injury a license-exempt provider shall:

1. Notify the parent(s) immediately;

2. Notify the department within 48 hours; and

3. Provide a written report of the nature and circumstances of the serious injury to the department within 7 days; and

b. If a child dies while in the care of a license-exempt child care provider, the provider shall:

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

2. Notify the department of the death within 24 hours; and

3. Provide the department with a written report detailing the circumstances which lead up to the death within 72 hours;

(12) Provide the department with any other available information, as requested, regarding a serious injury or death reported described in (10) above;

(13) Comply with the requirements of He-C 6914.04(m) and (n); and

(14) Schedule an annual announced monitoring visit no later than 2 weeks after receiving contact from the department to determine compliance with He-C 6916 and He-C 6917, except for He-C 6914.04(m)(1) or (2).

(b) In order to maintain enrollment, licensed child care providers shall:

(1) Be qualified to receive NH child care scholarship, as described in He-C 6914.04(a);

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

(3) Maintain a current New Hampshire child care license and be in good standing; and

(4) Provide the department with a copy of any new or renewed NH child care license issued within 10 days of issuance or receipt.

(c) All enrolled child care providers of child care scholarship shall notify the department within 2 calendar days if the location of child care services changes and complete and submit the following:

(1) If a licensed child care provider, a copy of the provider’s current child care license issued by CCLU, “State of New Hampshire Alternate W-9 Form” (11/2/2021), and Form 1862 “Child Care Provider Enrollment” (March 2025); or

(2) If a license-exempt child care provider, schedule an annual announced monitoring visit no later than 2 weeks after receiving contact from the department to determine compliance with He-C 6916 and He-C 6917, “State of New Hampshire Alternate W-9 Form” (11/2/2021), and Form 1862 “Child Care Provider Enrollment” (March 2025).

Source. #12223, eff 7-10-17; ss by #12536, eff 5-24-18; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

He-C 6914.06 Employment Related Child Care Renewal of Enrollment.

(a) Enrolled child care providers shall renew their enrollment every 3 years from the date of their previous enrollment, by submitting to the department the following:

(1) For licensed providers:

a. A valid New Hampshire child care license or valid permit to operate in accordance with He-C 4002, and be in good standing;

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

c. A completed Form 1860 “Child Care Provider Agreement” (March 2025);

(2) For license-exempt providers:

a. A completed Form 1860 “Child Care Provider Agreement” (March 2025); and

b. A completed Form 2692 “Health and Safety Self-Certification” (March 2025).

(b) In addition to (a)(2) above, license-exempt providers shall be in compliance with He-C 6914.05(a).

(c) Renewal of enrollment shall remain open when all required forms, records, and checks are received by the department on or before the enrollment end date referenced in (a) above.

(d) Renewal of enrollment shall close if all required forms are not received by the department prior to the enrollment end date referenced in (a) above.

(e) Renewal of enrollment shall be completed as of the date the department makes the determination and sends written notification of the provider’s approval of re-enrollment.

Source. #12223, eff 7-10-17; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

He-C 6914.07 Access to Child Care Settings.

(a) An enrolled child care provider shall allow a parent access to their child(ren) at all times while the child(ren) is in the child care provider’s care, unless allowing access is contrary to a court order or a court-ordered parenting plan.

(b) An enrolled child care provider shall upon request, share information about a child’s needs and progress with the parent or authorized department staff, unless sharing information with the parent is contrary to a court order.

(c) An enrolled child care provider shall allow authorized department staff to visit, during the time a child receives child care, to observe the child to ensure the health or safety of the child in the child care setting.

(d) An enrolled child care provider shall allow authorized department staff to visit during operating hours when DCYF has received a complaint about a child’s health or safety in the child care setting.

Source. #12223, eff 7-10-17; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

He-C 6914.08 Denial, Disqualification, and Termination of Provider Enrollment.

(a) Licensed and license-exempt child care providers shall be denied enrollment or re-enrollment if:

(1) A license-exempt child care provider fails to meet all the applicable requirements of He-C 6914.04, He-C 6914.05, He-C 6914.06, and He-C 6920; or

(2) A licensed child care provider fails to meet all of the applicable requirements of He-C 6914.04, He-C 6914.05, and He-C 6914.06.

(b) Enrollment of licensed and license-exempt child care providers shall be terminated if:

(1) The child care provider requests to have their enrollment terminated;

(2) An enrolled child care provider is not providing child care and has not received child care payment from the department for the previous 12 consecutive months;

(3) An enrolled child care provider does not comply with He-C 6910, He-C 6912, He-C 6914, He-C 6916, He-C 6917, He-C 6918, and He-C 6920; or

(4) An enrolled child care provider has cared for a child in a manner which endangers or endangered the health, safety, or welfare of the child(ren), in violation of RSA 170-E:4, II.

(1) The enrolled child care provider is convicted of fraud by the court pursuant to RSA 167:17-b;

(2) The enrolled child care provider does not meet the criteria in (c)(1) above, but has been found to have committed fraud by an investigation conducted by the department pursuant to RSA 161:2, XV;

(3) The department determines the health or safety of a child is endangered as a result of:

a. The licensed child care provider’s care, as described in RSA 170-E:4, II, RSA 170-E:7, He-C 4002.09(i)(1) through (11); or

b. The license-exempt child care provider’s care as described in RSA 170-E:4, II and the provider fails to comply with the requirements of He-C 6920.08, and RSA 170-E:3-a;

(4) The child care provider is licensed, and the child care license or permit was denied or revoked prior to or during the enrollment period;

(5) There has been a disciplinary action taken by a licensing body in any state;

(6) The child care provider has provided false or misleading statements to the department relating to the requirements in He-C 6914;

(8) The child care provider has provided false or misleading billing documentation, pursuant to He-C 6918.06; or

(9) The child care provider has failed to comply with any of the elements of the provider agreement Form 1860, “Child Care Provider Agreement” (March 2025) as required by He-C 6914.04, He-C 6914.05, or He-C 6914.06 as applicable.

(1) The child care provider has committed fraud, as defined in He-C 6914.03, in any program administered by the department;

(2) The child care provider has not been convicted of fraud, but the department has found the provider has misrepresented information or made repeated billing errors and failed to comply with any corrective action relating to the billing errors;

(3) The child care provider has had their child care license or permit revoked pursuant to RSA 170-E:12, V;

(4) After an investigation by the department pursuant to He-C 6920.07, the provider has been found to be in violation of RSA 170-E:12, V;

(5) The child care provider has billed for child care services provided by another provider or person; or

(6) The child care provider has billed for child care services while not in compliance with child care licensing requirements of He-C 4002.

(e) The opportunity for informal dispute resolution described by He-C 4002.11 shall not apply to any provider who has been disqualified due to fraud as described in (c) above.

(f) The child care provider who has been disqualified in accordance with (d) above shall be sent a written letter from the department regarding the disqualification as follows:

(1) The letter shall be sent via certified mail to the provider informing the provider of the date of the disqualification;

(2) The letter shall include the reason(s) for the disqualification; and

(3) The letter shall include information about the provider’s right to appeal the disqualification in accordance with He-C 200.

(g) The department shall notify any parent, who is utilizing a provider authorized for payment for child care services pursuant to He-C 6910 and He-C 6912 if a provider has been disqualified by the department.

Source. #12223, eff 7-10-17; amd by #12536, eff 5-24-18; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

He-C 6914.09 Appeals.

(a) A child care provider may appeal a decision made by the department within 30 calendar days of the receipt of the notification when:

(1) The application for enrollment has been denied;

(2) Payments have been withheld;

(3) Enrollment has been terminated or not renewed; or

(4) The child care provider has been disqualified.

(b) The request for an appeal shall be made in accordance with He-C 200.

(d) If the child care provider opted to continue to receive child care scholarship payment during an appeal, and the decision is upheld by the hearings officer, the provider shall repay to the department any payment made after the effective date on the letter notifying the provider of their non-renewal or termination.

(e) If the hearings officer finds in favor of the child care provider, then the non-renewal or termination shall not take effect.

Source. #12223, eff 7-10-17; amd by #12536, eff 5-24-18; ss by #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

He-C 6914.10 Confidentiality.

(a) Except for law enforcement agencies or in an administrative proceeding against the applicant or enrolled providers, the department shall keep confidential any information collected during an investigation, unless it receives an order to release, destroy, or take any action relating to the information from a court of competent jurisdiction.

(b) A child care provider shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of children under the provider’s care and all facts learned about children and their families with the following exceptions:

(1) A child care provider shall allow the department access to all records that providers are required by department rule or state statute to keep, and to such records as necessary for the department to determine staffing patterns and staff attendance; and

(2) A child care provider shall release information regarding a specific child only as directed by a parent of that child, or upon receipt of written authorization to release such information, signed by that child’s parent.

(c) A child care provider shall discuss or share information regarding the admission, progress, behavior, health, or discharge of a child with the child’s parent(s) in a manner that protects and maintains confidentiality for both the child and the child’s parent(s).

Source. #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

He-C 6914.11 Waiver Request.

(a) A child care provider who requests a waiver of a requirement in He-C 6914 shall submit a written request to the department, which includes the following information:

(1) The child care program name or provider’s name, address, phone number, and NH Bridges resource ID number assigned by the department;

(2) The specific reference to the section of the rule for which a waiver is being requested;

(3) An explanation of why a waiver is necessary, the length of time for which the waiver is requested, not to exceed 92 calendar days, and any effect the granting of the waiver will have on the health or safety of the children in the program;

(4) The number and age range of children who will be affected by the waiver;

(5) A written plan to achieve compliance with the rule or explaining how the provider will satisfy the intent of the rule, if the waiver is granted;

(6) The signature of the enrolled child care provider; and

(7) The signature of the parent or copy of a notice which has been shown to, or mailed to, each parent explaining the waiver request and informing the parents that they may call the department if they have any concerns about the requested waiver.

(b) A waiver shall be granted to the child care provider if:

(1) The department concludes that authorizing deviation from compliance with the rule from which the waiver is sought does not contradict the intent of the rule or conflict with statute; and

(2) The written plan ensures that the object or intent of the rule will be accomplished.

(d) The department shall not approve any request for a waiver of any of the provisions relevant to state or federal law or any rules of other state agencies which are referred to in this chapter.

(e) A waiver request shall be denied when any of the following occurs:

(1) The department finds that approval of the requested waiver will jeopardize the health or safety of children;

(2) The department finds that approval of the requested waiver will impair the provider’s ability to adequately care for children; or

(3) The department finds that approval of the requested waiver will impair the operations of the provider.

(f) A waiver shall be granted in writing for the duration of time requested in (a)(3) above, from the date the waiver was granted.

Source. #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

PART He-C 6915 - RESERVED

PART He-C 6916 HEALTH AND SAFETY RULES FOR FACILITY BASED LICENSE-EXEMPT CHILD CARE PROVIDERS RECEIVING CHILD CARE SCHOLARSHIP

Statutory Authority: RSA 161:2, XII, RSA 161:4-a, III

He-C 6916.01 Purpose. The purpose of this part is to set forth the minimum standards for health and safety requirements for license-exempt child care providers who provide child day care services for children and families receiving child care scholarship, pursuant to RSA 170-E:6-a, RSA 170-E:3, I(f) and (g), and 45 CFR Part 98.41 and 98.42.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6916.02 Scope. This part shall apply to any license-exempt facility-based child care program providing child day care services to families receiving child care scholarship, pursuant to He-C 6914, and is exempt from licensure, pursuant to RSA 170-E:3, I(f) and (g).

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6916.03 Definitions.

(a) “Authorized representative” means an individual who is designated or authorized by a child care provider to act on behalf of that provider in matters related to billing the department of health and human services (DHHS) for child care services provided, and is not the parent of a child in the facility-based program’s care who is receiving child care scholarship.

(b) “Caretaker relative” means a relative, who is not the biological or adoptive parent of a child, but is providing care and supervision of the child in the assistance group.

(d) “Child care” means the act of providing supervision, food, activity, and rest for a child for any portion of a 24-hour day apart from the child’s parent, caretaker relative, or legal guardian, in order to promote healthy child development and assist the child’s parent, caretaker relative, or legal guardian in preparing for, securing, or maintaining employment or employment-related education or training.

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

(f) “Corporal punishment” means the intentional infliction of physical pain by any means for the purpose of punishment, correction, discipline, instruction, or any other reason.

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

(h) “Developmentally appropriate” means actions, environment, equipment, supplies, communications, interactions, or activities that are based on the developmental level and abilities, the family culture, and the individual needs of each child in care.

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

(j) “Facility-based program” or “program” means a license-exempt child care provider, pursuant to RSA 170-E:3, I (f) and(g), that is enrolled as a child care provider pursuant to He-C 6914.

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

(l) “Legal guardian” means an individual who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of a child.

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

(n) “Monitoring visit” means “monitoring visit” as defined in RSA 170-E:2, X, namely “a visit made to the child day care agency by department personnel for the purpose of assessing compliance with the standards set by rule adopted by the commissioner pursuant to RSA 541-A.”

(o) “NH professional registry” means New Hampshire’s password-protected electronic database designed to support and track professional development for the early childhood and school age child care workforce pursuant to He-C 6914.04(k).

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

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

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

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

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6916.04 Pre-Service Trainings and Annual Professional Development.

(a) All staff shall complete pre-service trainings in accordance with He-C 6914.04.

(b) Annual professional development shall be completed in accordance with He-C 6914.04, in that all staff shall:

(1) Complete 2 hours of professional development in any of the health and safety topics listed in He-C 6914.04(e) and He-C 6914.04(h);

(2) Complete 2 hours of professional development in any of the topics listed in He-C 6914.05(a)(3); and

(3) Upload documentation of completion of professional development in (b)(1) and (2) above to the NH professional registry.

(c) For staff hired on or prior to the date that the facility-based program initially enrolls with DHHS to receive child care scholarship pursuant to He-C 6914, the annual period for professional development shall begin on the DHHS enrollment date.

(d) For staff hired after the date that the facility-based program initially enrolls with DHHS to receive child care scholarship pursuant to He-C 6914, the annual period for professional development shall begin on the date of hire of each individual staff person.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6916.05 Building and Physical Premises Safety.

(a) Both indoor and outdoor premises shall be safe, clean, free of clutter, and in good repair.

(b) Programs shall maintain the child care environment and ensure the indoor space is:

(1) Free from electrical hazards, such as overloaded outlets or extension cords, frayed, cracked, or crimped cords, or unprotected outlets;

(2) Free from fire hazards;

(3) Well-ventilated by means of unobstructed mechanical ventilation system or open screened window;

(4) Free from guns, weapons, or live or spent ammunition which are not in locked storage;

(5) Free from accessible knives and sharp objects unless the object is being used under the direct supervision of a staff member;

(6) Free from heavy furnishings or other heavy items that could easily tip or fall on children and would be likely to cause injury;

(7) Free from accessible loose and flaking paint;

(8) Well-lit to allow for the supervision of children and for child care staff and children to move about safely;

(9) Free from damp conditions which result in visible mold, mildew, or a musty odor;

(10) Free from poisonous plants;

(11) Free from trampoline use during child care hours, with the exception of small indoor trampolines intended for individual use with direct staff supervision only; and

(12) Free from accessible items labeled “keep of out of reach of children” unless the item is non-toxic and being used under the direct supervision of a staff member.

(c) All windows used for ventilation shall include screens in good repair, to prevent insects from entering the building. Windows and glass doors shall be constructed, adapted, or adjusted via the use of window guards or other means to prevent injury to children.

(d) Stairways with more than 3 steps shall be equipped with handrails.

(e) Construction, remodeling, or alteration of structures during child care operations shall be done in a manner as to prevent exposure of children to hazardous or unsafe conditions including, but not limited to, fumes, dust, construction materials, and tools which pose a safety hazard.

(f) Programs shall ensure that all indoor areas used by children:

(1) Have a safe, functioning heating system;

(2) Include protection for children from exposed heat sources which present a hazard, including but not limited to baseboard heaters, radiators, fireplaces, and woodstoves; and

(3) Have working smoke detectors on each level.

(g) Portable electric space heaters shall:

(1) Be inaccessible to children;

(2) Bear the safety certification of a recognized laboratory such as Underwriters Laboratory (UL) or Electro Technical Laboratory (ETL); and

(3) Be installed and operated in accordance with the manufacturer’s specifications.

(h) Outside areas which are accessible to children shall be free from hazards including, but not limited to:

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

(2) Lawn and farm machinery;

(3) Trash, litter, or debris;

(4) Animal feces; and

(5) Any other dangerous items or substances.

(i) Fencing shall enclose all play areas if the department determines the play area is unsafe because it is located adjacent to:

(1) A street or road;

(2) A swimming pool or other body of water, including a river, pond, or stream;

(3) An active railroad track or crossing;

(4) Sharp inclines or embankments; or

(5) Any other dangerous area.

(j) All fencing required by the department or otherwise intended to limit children’s access to a defined area shall:

(1) Have no gaps greater than 4 inches and be designed to restrain children from climbing out of, over, under, or through the fence; and

(2) Either:

a. Be equipped with a child proof self-latching device on any gates leading to an entrance or egress; or

b. Be equipped with a child proof lock if the area is determined to be hazardous to children as determined by the licensing coordinator during the monitoring visit as described in He-C 6916.16.

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

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

(m) Wading pools shall:

(1) Be emptied and cleaned after each use;

(2) Be stored so that water does not collect in them; and

(3) Not contain water that is more than 10 inches deep.

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

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

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

(q) Smoking shall not be permitted inside the building at any time.

(r) Staff who smoke on their breaks shall:

(1) Not smoke in view of children;

(2) Wash their hands prior to returning to work; and

(3) Change into fresh clothing, or remove smoke-contaminated outerwear prior to returning to work to reduce exposure to third-hand smoke.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6916.06 Handling, Storage, and Disposal of Hazardous Materials.

(a) All toxic and flammable materials and tobacco products shall be stored in cabinets which are locked or secured with child proof latches, or otherwise out of reach of children.

(b) Pesticides shall not be used in areas used by children while children are present, and any treated indoor area must be aired out per manufacturers’ instructions prior to allowing children to return to that area.

(d) Programs serving diapered children and children who are not toilet trained shall have a designated diaper changing area, which shall:

(1) Be located adjacent to or in close proximity to a designated handwashing sink to allow access for handwashing without having to open doors or gates or have physical contact with other children;

(2) Have a non-porous washable surface, which shall be used exclusively for diaper changing and sanitized after each diaper change;

(3) Contain a covered, hands-free receptacle, lined with a plastic bag, and located within the reach of the diaper changing area for disposal of soiled disposable diapers and cleansing articles; and

(4) Not be located in kitchens or in food preparation or food service areas, or on surfaces where food is prepared or served.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6916.07 Emergency Preparedness and Response Planning, and Practice Drills.

(a) Programs shall ensure that for each child, upon the child’s first day in attendance in the program, there is a “Child Care Registration and Emergency Information for License Exempt Programs” ( May 2023) form completed and signed by the parent, on file, which contains:

(1) Full legal name of the child;

(2) Child’s date of birth;

(3) Date of enrollment in the program;

(4) The name, physical address, and mailing address of the parent responsible for the child;

(5) Telephone numbers for the child’s parent(s) and instructions as to how the parent(s) can be contacted during the hours that the child is at the program;

(6) Email addresses for the parent(s), if available;

(7) The name, address, telephone number, and relationship of at least one person who will assume responsibility for the child, if for any reason, the parent(s) cannot be reached immediately in an emergency;

(8) Any chronic conditions, allergies, or medications to be administered in the event of sudden illness or injury;

(9) Written parental permission for first aid treatment;

(10) Written parental permission for emergency medical transportation and treatment;

(11) The name and telephone number of each child’s physician or health care provider; and

(12) Names, addresses, telephone numbers, and relationships of any person(s) other than parent(s) who are authorized to remove the child from the program.

(b) Programs shall be equipped with a telephone that is operable and accessible to all staff during all operating hours for incoming and outgoing calls.

(c) Pursuant to 45 CFR Part 98.41, programs shall develop an emergency operations plan (EOP) for responding to natural, human-caused, or technological incidences, which shall contain procedures including, but not limited to:

(1) Evacuation;

(2) Relocation;

(3) Shelter-in-place;

(4) Lockdown;

(5) Communication and reunification with families;

(6) Continuity of operations;

(7) Accommodations of children with disabilities; and

(8) Accommodations of children with chronic medical conditions.

(d) In order to assure that all staff, volunteers, and children are familiar with all the EOP drills listed in (c) above, programs shall:

(1) Practice evacuation and relocation once per year with all child care staff, including volunteers;

(2) Practice at least 2 other components of their EOP with all child care staff, including volunteers, and children each calendar year; and

(3) Review all EOP response actions with all staff and volunteers, at least twice each calendar year.

(e) Programs shall record and maintain on file for review, a log of the practice drills and verification of the requirements in (d) above, which includes:

(1) The date and time of the drill;

(2) The type of drill practiced or drill reviewed;

(3) The method of review or practice, such as in-person or review of online training;

(4) The name of all staff and volunteers that participated in the review or drill; and

(5) The signature and date of the individual conducting the review or drill.

(f) Upon enrollment, programs shall provide families with information from the EOP that addresses communication and reunification procedures, as specified in (c)(5) above.

(g) Programs shall conduct at least one fire drill each month the program is in operation in accordance with the following:

(1) All children and staff shall evacuate the building during each fire drill; and

(2) Staff shall check daily attendance records to ensure that all children and staff are accounted for after the building is evacuated.

(h) Programs shall complete a written record of fire drills which shall:

(1) Be maintained on file at the program for one year; and

(2) Be available for review by the department.

(i) The written record of fire drills required under (h) above shall include at least the following:

(1) The date and time the drill was conducted;

(2) The exits used;

(3) The number of children evacuated and total number of people in the building at the time of the drill;

(4) The amount of time taken to evacuate the building; and

(5) The name of the person conducting the drill.

(j) Programs shall conduct a fire drill in the presence of a representative of the department upon request.

(k) If a child goes missing while in the care of the program, staff shall call emergency police services, or 911, as soon as staff have determined that the child cannot be promptly located on the premises of the child care program.

(l) Programs shall report any occurrence of a missing child as described in (k) above to the department within 24 hours.

(m) If a child is seriously injured while in the care of the program, including fractures, dislocations, stitches, second or third degree burns, concussions, or loss of consciousness, or any other injury which results in calling 911, requires emergency medical treatment by a physician or other health care professional, or requires hospitalization, the program shall:

(1) Notify the child’s parent immediately;

(2) Notify the department within 48 hours; and

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

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

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

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

(3) Provide to the department a written report which details the circumstances which led up to the death within 72 hours of the incident.

(o) In addition to the reporting requirements under (n) above, the program shall, upon request, provide the department with any available information regarding the death.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

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

(a) Programs shall obtain an allergy care plan, signed by the child’s physician, from the parent(s) of each child with a food allergy or other allergy which results in a serious reaction that includes at a minimum:

(1) Instructions regarding the foods or other allergens to which the child is allergic and steps to be taken to avoid consuming or coming into contact with those allergens;

(2) A list of specific symptoms that would indicate the need to administer one or more of the medications referenced in (3) below; and

(3) Details describing the course of action to take in response to an allergic reaction, including the name, dose, and method of prompt administration of any required medication.

(b) With the permission of the parent, each child’s allergy care plan shall be posted prominently wherever the child might come in contact with the allergen.

(c) Staff shall immediately notify the parent of any suspected allergic reactions, as well as the ingestion of or contact with, a known allergen even if a reaction did not occur.

(d) Staff shall call 911 immediately after epinephrine has been administered.

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

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6916.09 Administration of Medication.

(a) Staff shall administer any medication, treatment, or other remedy as required under the provisions of the Americans with Disabilities Act of 1990.

(b) Staff shall only administer medication with:

(1) A valid and current prescription or signed and dated written instructions for administering the medication from the child’s physician; and

(2) Signed and dated written permission from the parent.

(c) Administration of non-prescription topical substances may be performed by any staff, with written permission from the child’s parent.

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

(e) For any chronic condition requiring medication that is to be administered for more than 12 months, the written parental authorization specified in (b)(2) above shall be updated annually.

(f) The written instructions for administering the medication from the child’s physician specified in (b)(1) above shall be updated by the parent, and on file at the program, if there is any alteration of any kind to the administration of the medication.

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

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

(i) All medication shall be:

(1) Inaccessible to children;

(2) Stored at the temperature and conditions recommended by the manufacturer, or as directed on the prescription label; and

(3) Labeled with the child’s name to ensure correct identification of each child's medication.

(j) Medications such as insulin, inhalers, and epinephrine shall be immediately accessible to staff caring for children requiring such medications to assure timely administration when needed, and in accordance with instructions in He-C 6916.08(a)(2).

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

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6916.10 Prevention and Control of Infectious Diseases, Including Immunizations.

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

(1) After each diaper change or toileting;

(2) After handling any bodily fluid;

(3) After cleaning up or handling garbage;

(4) After playing outdoors;

(5) Before and after eating;

(6) Before and after administering medication; and

(7) Before and during any food preparation or service as often as necessary to remove soil and contamination and prevent cross-contamination when changing tasks or from raw to ready-to-eat foods.

(b) Child care staff shall:

(1) Teach children the importance of handwashing with liquid soap and warm running water; and

(2) Instruct, encourage, remind, or assist children as needed throughout each day to wash their hands as necessary to comply with (a)(1) through (5) above.

(c) Staff shall observe each child for symptoms of illness or injury throughout the day and contact the parent if a child has:

(1) More than one episode of vomiting in one day;

(2) More than one episode of diarrhea in one day;

(3) Uncontrolled coughing or wheezing;

(4) Skin lesions which have not been diagnosed or treated by a licensed health care practitioner; or

(5) An oral temperature of 101 degrees Fahrenheit or higher or an under arm temperature of 100 degrees Fahrenheit or higher combined with any of the following:

a. Diarrhea;

b. Rash;

c. Earache;

d. Sore throat; or

e. Vomiting.

(d) Any time there is spill of bodily fluids, or any staff or child in the program have symptoms of, or are known to have, a communicable disease:

(1) Any spills of bodily fluids shall be immediately cleaned and sanitized;

(2) Persons involved in cleaning surfaces contained with bodily fluids shall:

a. Wear protective disposable gloves while cleaning, disinfecting, and sanitizing the contaminated surface; and

b. Immediately wash their hands with liquid soap and warm running water after discarding the gloves;

(3) Any materials, including disposable gloves and diapers contaminated by bodily fluids, shall be disposed of in a plastic bag with a secure tie or in a covered, plastic bag-lined, hands-free receptacle; and

(4) The program shall contact the bureau of disease control and prevention at (800) 852-3345, ext. 4496 for instructions regarding whether the ill individual is required to be excluded from the program and to determine reporting requirements in accordance with RSA 141-C:7 and He-P 301.03(c), (d), and (h) and He-P 301.05(i)(3)b.

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

(f) Programs shall clean and disinfect bathroom facilities whenever visibly soiled, but at a minimum of once per week.

(g) Programs with pets on the premises shall:

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

(2) Keep cages that house small animals, fish tanks, and litter boxes away from food preparation, food service areas, and any other area where children play; and

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

(h) Documentation of immunizations, in accordance with RSA 141-C:20-a, RSA 141-C:20-b, and He-P 301.14, shall be on file for each child on the first day the child is in attendance at the program.

(i) Exemptions from the immunizations required under (h) above shall be in accordance with RSA 141-C:20-c and pursuant to 45 CFR Part 98.41(a)(1)(i)(C) for children experiencing homelessness or children in foster care. Providers may enroll children and allow for 60 days for families to obtain and provide documentation of immunizations.

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

(k) Documentation for the exemptions listed in (j) above shall be on file with the program, and shall be in accordance with RSA 141-C:20-c.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6916.11 First Aid and Pediatric Cardiopulmonary Resuscitation (CPR).

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

(b) If a child receives an injury or an incident occurs requiring first aid treatment, staff shall inform the child’s parent of the injury on the date the child is injured.

(1) Notify the child’s parent immediately;

(2) Notify the department within 48 hours; and

(3) Provide to the department a written report which details the nature and circumstances which led to CPR being performed within one week of the incident.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6916.12 Child Development.

(a) During the operating hours of the program, parents shall have the opportunity to communicate with the staff who care for their child.

(b) Staff shall supervise every child in care at all times.

(1) Staff may allow children ages 72 months and older to go inside to use the bathroom when no staff are inside provided that staff have a plan in place to keep track of children who have gone inside and to check on children who have not returned in a timely manner; and

(2) Staff may allow school-age children 72 months and older who are enrolled in a full day school program to leave the premises of the program, unsupervised by staff, to participate in a specific activity, provided that there is written authorization from each child’s parent on file at the program.

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

(e) Programs shall provide daily opportunity for outdoor physical activity in the absence of extreme weather.

(f) All media, including televisions, video, or electronic devices shall be age and developmentally appropriate, and programs shall comply with parental restrictions regarding the use of electronic media for their child.

(g) Staff shall nurture and encourage each child in care by providing each child with a variety of developmentally appropriate learning and social experiences and establishing and maintaining a learning environment that provides for the emotional well-being of each child.

(h) When a child is engaging in unacceptable behavior, staff shall:

(1) Establish developmentally appropriate rules or limits for acceptable behavior, which are equitable and consistently applied;

(2) Redirect a child’s attention to a desirable activity by providing positive guidance, positively worded directions, and developmentally appropriate explanations for the limits and rules referenced in (1) above;

(3) Demonstrate desired behavior and problem-solving skills and then redirect children to acceptable behavior;

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

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

(i) Separation, or time out, shall only be used as a method to enable a child to regain control of themselves, not as a punitive disciplinary technique.

(j) When a child is separated from the group, the child shall be able to see and hear the other children except when staff remove a child from the classroom to a quieter area to provide one-on-one attention.

(k) Staff shall not:

(1) Abuse or neglect children;

(2) Use rough handling on children;

(3) Use corporal punishment on children;

(4) Require children to stand or sit facing walls or corners;

(5) Shame, humiliate, threaten, or frighten children;

(6) Withhold food from children, forcibly feed children, or discipline children for not eating;

(7) Discipline children for toileting accidents, lapses in toileting habits, or prohibit children from using the toilet as a form of discipline;

(8) Use isolation as a form of discipline;

(9) Yell in anger or frustration at or with children; or

(10) Direct profanity or obscene language at children or use profanity or obscene language in the presence of children.

(l) Programs shall develop and implement a written policy to address the limitations of expelling children from the child care program for challenging behaviors.

(m) The policy in (l) above shall address at a minimum:

(1) The steps the program will take to assist the child in maintaining enrollment prior to expelling the child for challenging behaviors;

(2) Parental notification requirements regarding their child's challenging behavior; and

(3) The responsibilities of the program if the challenging behavior results in a serious safety risk to the child or others within the program.

(n) The written policy in (l) above shall be provided to parents at enrollment.

(o) The expulsion policy in (l) above shall only apply when addressing a child's behavior and not a parent's misconduct or the parent's failure to comply with other rules or laws.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

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

(a) Staff shall allow a parent access to their child at all times while the child is in the program’s care, unless allowing access is contrary to a court order or a court-ordered parenting plan, pursuant to He-C 6914.07(a).

(b) Staff shall take prompt action to protect children from abuse, neglect, corporal punishment, and any other mistreatment by any individual.

(c) Any staff or other person involved with a program who suspects that a child is being abused or neglected shall be a mandated reporter in accordance with RSA 169-C:29 and shall report the suspected abuse to the division for children, youth, and families by calling 1-800-894-5533.

(d) When any child, while in care of a program, is the victim of corporal punishment or other harsh punishment or treatment and has been physically or mentally injured because the child was not adequately supervised, or when the health, safety, or well-being of any child has been otherwise seriously jeopardized due to a program’s non-compliance with any of the provisions of He-C 6916, a staff person of the enrolled facility-based program shall inform the child’s parent of the details of the incident.

(e) The notification provided to the child’s parent of the incident as described in (d) above shall include the following details:

(1) The name of who was involved in, and who witnessed the incident, while keeping the identities of other children confidential;

(2) What occurred prior to and following the incident;

(3) When and where the incident occurred; and

(4) Any action that has been or will be taken by the program as a result of the incident.

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

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6916.14 Appropriate Precautions in Transporting Children.

(a) Programs who wish to take children on routine, unplanned local trips, or scheduled field trips shall obtain a signed and dated permission slip from each child’s parent, which specifies all approved destinations and activities. This permission slip shall include the destination of the trip and the estimated time that the parent can expect the child to return to the program.

(b) The following shall be accessible to staff on any field trip:

(1) An attendance record which includes the name and age of each child;

(2) Copies of the registration and emergency information form required in He-C 6916.07(a), for each child;

(3) A first aid kit adequate to meet the needs of the children in attendance on the field trip;

(4) All medications requiring administration during the hours of the field trip as required by He-C 6916.09; and

(5) All emergency medications as required by He-C 6916.08 for the children in attendance on the field trip.

(c) Items referenced in (b) above for each child shall remain with an individual who is with the child, including during transport.

(d) During any field trip, at least one staff member shall have access to a working phone, in case of emergency, and that phone number shall be available to parents and to staff remaining at the facility.

(e) Children who are transported by the program or during any program-sponsored activity shall be transported in vehicles which are:

(1) Registered, insured, and inspected in accordance with the laws and rules of the state of New Hampshire;

(2) Driven by individuals who are at least 18 years of age and hold a valid driver’s license; and

(3) Maintained in safe operating condition.

(f) Staff shall be prohibited from using mobile electronic devices while operating a vehicle to transport children, including hands-free operation.

(g) The number of persons who are transported by the program or in any vehicle during any program-sponsored activity shall be limited to the number of persons the vehicle is designed to carry.

(h) In all vehicles, age-appropriate child restraints or seat belts shall be provided for and used by each child in accordance with RSA 265:107-a.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6916.15 Staff-to-Child Ratio and Group Size.

(a) The staff-to-child ratio for school-age programs shall be one staff for 15 children with a maximum group size of 60.

(b) In addition to the staffing requirements in (a) above, programs shall have a second staff person in the building when 13 or more children are present.

(c) Programs shall provide a minimum of 40 square feet of usable indoor space per child. Indoor active play space shall be available to children daily.

(d) In addition to (a) above, programs offering drop-in care shall monitor attendance records to ensure compliance with group size and ratios. If there is a pattern of exceeding ratio and group size then additional staff shall be added. Attendance records shall be kept on file for 6 months for review by the department.

(e) The only exception to (a) above shall be when children combine for time-limited activities, such as meals, snacks, daily meetings, short stories, special guest presentations, or other special events, provided that all children have sufficient space for the activity.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6916.16 Monitoring Visits, Monitoring Statements, Program Improvement Plans, and Enforcement.

(a) The department shall conduct an announced monitoring visit prior to enrollment.

(b) The department shall conduct an annual announced monitoring visit for all enrolled facility-based child care providers as a condition of maintaining enrollment.

(d) At the close of any monitoring visit or when an investigation is concluded, or as soon as possible thereafter, the department shall review with the program a summary of any violations of He-C 6916 found during the visit.

(e) The department shall issue the monitoring statement via email, if a valid email address has been provided by the program, or by United States mail if an email address has not been provided.

(f) Programs shall:

(1) Display the monitoring statement and program improvement plan approved by the department for the most recent visit to the program in a prominent location which is accessible to all, and notify all of the location of the monitoring statement and program improvement plan;

(2) Make available upon request to all a copy of the monitoring statement and program improvement plan approved by the department for the most recent visit to the program; and

(3) Not alter the monitoring statement or program improvement plan issued by the department.

(g) Programs shall complete a program improvement plan for each violation included on the monitoring statement, which shall include the following:

(1) The action the program has taken or will take to correct each violation;

(2) The steps the program will take to ensure compliance with He-C 6916 and the applicable statutes in the future;

(3) The date by which each violation was corrected or will be corrected;

(4) The interim measures the program has implemented to protect the health and safety of children when the violation cannot be corrected immediately; and

(5) The dated signature of the enrolled child care provider or their authorized representative.

(h) Programs shall complete program improvement plans and return them to the department in accordance with the following:

(1) The program improvement plan shall be submitted to the department within 21 calendar days of the date that the monitoring statement is sent out by the department; and

(2) The names of individuals, including children, shall not be included in the program improvement plan.

(i) When a submitted program improvement plan in accordance with (g) and (h) above is not acceptable to the department in correcting a violation, the department shall issue a directed program improvement plan to the program.

(j) Notwithstanding (g), (h), and (i) above, when the department determines that there is an imminent threat to the health or safety of children, it shall issue a program improvement plan to the program, without first offering the program an opportunity to complete a program improvement plan.

(k) When a program receives a directed program improvement plan issued by the department in accordance with (i) or (j) above, it shall:

(1) Add any additional details regarding the improvement plan the program feels are necessary; and

(2) Complete and return the program improvement plan in accordance with (g)(5) and (h) above.

(l) Notwithstanding (a) through (g) above, when a program has repeatedly violated standards set forth in He-C 6916 or has violated a rule or statute which resulted in physical or mental injury to a child, or caused a child to be in danger of physical or mental injury, the department shall initiate enforcement action pursuant to He-C 6914.08 without first requesting that the program submit a program improvement plan.

(m) Programs shall comply with all approved program improvement plans.

(n) The department shall conduct follow-up announced monitoring visits as needed to monitor the implementation of the program improvement plan.

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

(p) Programs shall maintain all records, whether in electronic or paper format, required by He-C 6916:

(1) On file on the premises of the program; and

(2) Accessible and available for review by the department, upon request, for one year, unless otherwise specified.

(q) Child care program staff shall not:

(1) Make false or misleading statements to the department, whether verbal or written; or

(2) Falsify any documents, other written information, or reports issued by or required by the department under He-C 6912, He-C 6914, He-C 6916, and He- C 6920.

(r) The department shall revoke or deny a new applicant or renewal as an enrolled child care provider in accordance with He-C 6912, He-C 6914, He-C 6918, and He-C 6920.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6916.17 Informal Dispute Resolution.

(a) An opportunity for informal dispute resolution shall be available to any facility-based program who disagrees with a citation issued by the department, per RSA 170-E:10-a.

(b) When requesting an informal dispute resolution, the facility-based program shall:

(1) Submit a written notice to the department requesting an informal dispute resolution no later than 14 days from the date of issuance of the monitoring statement; and

(2) Include in the notice why the facility-based program believes that the citation was issued erroneously as noted in the monitoring statement.

(c) In accordance with RSA 170-E:10-a, written notice of the department’s decision shall be provided to the facility-based program within 30 days from receipt of the request and receipt of any and all information from the facility-based program.

(d) An informal dispute resolution shall not be an option for any facility-based program against whom the department has initiated a fine, or action to suspend, revoke, deny, or refuse to renew enrollment as a child care provider.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6916.18 Waiver of Rules.

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

(1) The program’s name, address, phone number, and the bridges database resource identification number assigned by the department for electronic payments;

(2) The rule number for which the waiver is being requested;

(3) A brief explanation of the reason for the waiver, the length of time for which the waiver is requested, and any effect the granting of the waiver will have on the health and safety of the children in the program;

(4) The number and age range of children who will be affected by the waiver;

(5) The signature of the enrolled child care provider or their authorized representative;

(6) Signatures of parents or copy of a notice which has been shown to, or mailed to each parent, explaining the specifics of the waiver request and informing parents that they may call the department if they have any concerns about the requested waiver; and

(7) The plan for future compliance after the waiver period is over.

(b) A waiver shall be granted to the applicant or enrolled child care provider if the department determines that the alternative proposed by the applicant or enrolled provider:

(1) Meets the objective or intent of the rule;

(2) Does not negatively impact the health, safety, or well-being of the children; and

(3) Does not negatively impact the operation of the program.

(d) The department shall not approve any request for a waiver of any of the provisions relevant to state or federal law or any rules of other state agencies which are referred to in this chapter.

(e) A waiver request shall be denied when any of the following occurs:

(1) The rule for which a waiver is being requested is related to fire safety or environmental health or safety;

(2) The program has been found in violation of one or more of these rules and has not corrected the violation;

(3) The department finds that approval of the requested waiver will jeopardize the health or safety of children;

(4) The department finds that approval of the requested waiver will impair the program’s ability to adequately care for children;

(5) The departments finds that approval of the requested waiver will impair the operations of the program; or

(6) The department determines that the program has not submitted a written plan for compliance with the rule or an acceptable plan for satisfying the intent of the rules as an alternative to complying with the rule.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23 (formerly He-C 6916.17)

He-C 6916.19 Complaints and Investigations.

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

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

(2) The complaint is based upon the complainant’s first-hand knowledge regarding the allegation or on information reported directly to the complainant by a child who has first-hand knowledge regarding the allegation;

(3) There is sufficient specific information for the department to determine that the allegation, if proven to be true, would constitute a violation of any of the provisions of He-C 6916; or

(4) The complaint is received from any source and alleges a violation that occurred at any time if the complaint alleges:

a. Physical injury or abuse;

b. Verbal or emotional abuse; or

c. The danger of physical injury to one or more children.

(b) A complaint investigation shall be conducted when the department receives a complaint which meets the conditions specified in (a) above and which contains an allegation of violation of He-C 6916.

(c) When the complaint is determined to be founded, a monitoring statement shall be issued listing the violation found as a result of the investigation, and any other violation found during the visit, which shall be considered and treated as a finding of a complaint visit.

(d) When the complaint is determined to be unfounded, a notice shall be sent to the program advising that the complaint was unfounded.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23 (formerly He-C 6916.18)

He-C 6916.20 Confidentiality.

(b) When the department determines that any child was the victim of corporal punishment, or other harsh punishment or treatment, or has been physically or mentally injured because the child was not supervised, or any child’s health, safety, or well-being was otherwise jeopardized due to a program’s non-compliance with He-C 6916, the department shall contact the child’s parent to ensure that staff have fully informed the parent about the corporal punishment, or other harsh punishment or treatment, or the incident which injured their child or placed their child at risk, in accordance with He-C 6916.13(f).

(c) Programs shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of children under their care and all facts learned about children and their families with the following exceptions:

(d) In addition to (c) above, programs shall discuss or share information regarding the admission, progress, behavior, health, or discharge of a child with the child’s parent in a manner that protects and maintains confidentiality for both the child and the child’s parent.

Source. #13650, eff 5-25-23 (formerly He-C 6916.19)

PART He-C 6917 HEALTH AND SAFETY RULES FOR IN-HOME LICENSE-EXEMPT CHILD CARE PROVIDERS RECEIVING CHILD CARE SCHOLARSHIP

Statutory Authority: RSA 161:2, XII, RSA 161:4-a, III

He-C 6917.01 Purpose. The purpose of this part is to set forth the minimum standards for health and safety requirements for license-exempt child care providers who provide child day care services for children and families receiving child care scholarship, pursuant to RSA 170-E:6-a, RSA 170-E:3, I(c) and (h), and 45 CFR Part 98.41 and 98.42.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.02 Scope. This part shall apply to any person who is enrolled as a license-exempt provider providing child day care services to families receiving child care scholarship pursuant to He-C 6914, and is exempt from licensure pursuant to RSA 170-E:3, I(c) and (h).

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.03 Definitions.

(a) “Caretaker relative” means a relative, who is not the biological or adoptive parent of a child, but is providing care and supervision of the child in the assistance group.

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

(c) “Child care” means the act of providing supervision, food, activity, and rest for a child for any portion of a 24-hour day apart from the child’s parent, caretaker relative, or legal guardian, in order to promote healthy child development and assist the child’s parent, caretaker relative, or legal guardian in preparing for, securing, or maintaining employment or employment-related education or training.

(d) “Commissioner” means “the commissioner of the department of health and human services,” as defined in RSA 170-E:2, V.

(e) “Corporal punishment” means the intentional infliction of physical pain by any means for the purpose of punishment, correction, discipline, instruction, or any other reason.

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

(g) “Developmentally appropriate” means actions, environment, equipment, supplies, communications, interactions, or activities that are based on the developmental level and abilities, the family culture, and the individual needs of each child in care.

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

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

(j) “Infant” means a child from the time of birth through the age of 18 months old.

(k) “In-home provider” or “provider” means an individual who is:

(1) Providing child care in a private home;

(2) Exempt from licensure pursuant to RSA 170-E:3, I(c) or RSA 170-E:3, I(h);

(3) An enrolled child care provider pursuant to He-C 6914; and

(4) Does not have any staff members or volunteers.

(l) “Legal guardian” means an individual who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of a child.

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

(o) “NH Professional Registry” means New Hampshire’s password-protected electronic database designed to support and track professional development for the early childhood and school age child care workforce pursuant to He-C 6914.04(k).

(p) “Parent” means an individual who has a birth, adoptive, or stepparent relationship to the child, a foster parent as defined in (i) above, a legal guardian as defined in (l) above, or a caretaker relative as defined in (a) above.

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

(r) “Relative” means grandparents, great grandparents, siblings who live in a separate residence, or aunts and uncles, pursuant to 45 CFR 98.41(a)(1)(i)(B)(1).

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

(t) “Toddler” means a child 19 months through the age of 35 months old.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.04 Pre-Service Trainings and Annual Professional Development.

(a) The provider shall complete pre-service trainings in accordance with He-C 6914.04.

(b) Annual professional development shall be in accordance with He-C 6914.04, in that the provider shall:

(1) Complete 2 hours of professional development in any of the health and safety topics listed in He-C 6914.04(e) and He-C 6914.04(h);

(2) Complete 2 hours of professional development in any of the topics listed in He-C 6914.05(a)(3); and

(3) Upload documentation of completion of professional development in (b)(1) and (2) above to the NH professional registry.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.05 Building and Physical Premises Safety.

(a) Both indoor and outdoor premises shall be safe, clean, free of clutter, and in good repair.

(b) Providers shall maintain the child care environment and ensure the indoor space is:

(1) Free from electrical hazards, such as overloaded outlets or extension cords, frayed, cracked or crimped cords, or unprotected outlets;

(2) Free from fire hazards;

(3) Well-ventilated by means of unobstructed mechanical ventilation system or open screened window;

(4) Free from cords or strings long enough to encircle a child’s neck which pose a strangulation hazard and are accessible to children, including, but not limited to, telephone cords and window blind cords;

(5) Free from guns, weapons, or live or spent ammunition which are not in locked storage;

(6) Free from accessible knives and sharp objects unless the object is being used under direct supervision of the provider;

(7) Free from heavy furnishings or other heavy items that could easily tip or fall on children and would be likely to cause injury;

(8) Free from accessible loose and flaking paint;

(9) Well-lit to allow for the supervision of children and for the provider and children to move about safely;

(10) Free from damp conditions which result in visible mold or mildew or a musty odor;

(11) Free from trampoline use during child care hours, with the exception of small indoor trampolines intended for individual use with direct provider supervision only;

(12) Free from empty plastic bags, or bags which pose a suffocation hazard, which are accessible to children under the age of 3 years; and

(13) Free from accessible items labeled “keep out of reach of children” unless the item is non-toxic and being used under the direct supervision of the provider.

(d) Stairways with more than 3 steps shall be equipped with handrails and all stairways which are accessible to children younger than 3 years of age shall be equipped with functional, properly latched safety gates.

(f) Providers shall ensure that all indoor areas used by children;

(1) Have a safe, functioning heating system;

(2) Include protection for children from exposed heat sources which present a hazard, including but not limited to baseboard heaters, radiators, fireplaces, and woodstoves; and

(3) Have working smoke detectors on each level.

(g) Portable electric space heaters shall:

(1) Be inaccessible to children;

(2) Bear the safety certification of a recognized laboratory such as Underwriters Laboratory (UL) or Electro Technical Laboratory (ETL); and

(3) Be installed and operated in accordance with the manufacturer’s specifications.

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

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

(2) Lawn and farm machinery;

(3) Trash, litter, or debris;

(4) Animal feces; and

(5) Any other dangerous items or substances.

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

(j) Play areas shall be enclosed by a fence if they are determined by the department to be unsafe because they are on a roof, or located adjacent to any dangerous area.

(k) All fencing shall be designed to restrain children who have not yet entered school from climbing out of, over, under or through the fence.

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

(m) Wading pools shall:

(1) Be emptied and cleaned after each use;

(2) Be stored so that water does not collect in them; and

(3) Not contain water that is more than 10 inches deep.

(n) Providers shall have a safe supply of water under pressure available for drinking and household use.

(o) Providers shall not use portable toilets, chemical toilets, or any other toilets which are not attached to a functional sewage disposal system, except for potty chairs designed for use by older infants and toddlers.

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

(q) Providers and household members shall not smoke in the building during operating hours.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.06 Handling, Storage, and Disposal of Hazardous Material.

(a) All toxic and flammable materials and tobacco products shall be stored in cabinets which are locked, or secured with child proof latches, or otherwise out of reach of children.

(b) Pesticides shall not be used in areas used by children while children are present, and any treated indoor area shall be aired out per manufacturers’ instructions prior to allowing children to return to that area.

(d) Providers serving diapered children and children who are not toilet trained shall have a designated diaper changing area, which shall:

(1) Be located adjacent to or in close proximity to a designated handwashing sink to allow access for handwashing without having to open doors or gates or have physical contact with other children;

(2) Have a non-porous washable surface, which shall be used exclusively for diaper changing and sanitized after each diaper change;

(3) Contain a covered, hands-free receptacle, lined with a plastic bag, and located within the reach of the diaper changing area for disposal of soiled disposable diapers and cleansing articles; and

(4) Not be located in kitchens or in food preparation or food service areas, or on surfaces where food is prepared or served.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.07 Emergency Preparedness and Response Planning.

(a) Providers shall ensure that for each child, upon the child’s first day in attendance, there is a “Child Care Registration and Emergency Information for License Exempt Programs” (May 2023) form completed and signed by the parent, on file, which contains:

(1) Full legal name of the child;

(2) Child’s date of birth;

(3) Date of enrollment at the provider;

(4) The name, physical address, and mailing address of the parent responsible for the child;

(5) Telephone numbers for the child’s parent and instructions as to how the parent can be contacted during the hours that the child is at the program;

(6) Email addresses for the parent, if available;

(7) The name, address, telephone number, and relationship of at least one person who will assume responsibility for the child, if for any reason, the parent cannot be reached immediately in an emergency;

(8) Any chronic conditions, allergies, or medications to be administered in the event of sudden illness or injury;

(9) Written parental permission for first aid treatment;

(10) Written parental permission for emergency medical transportation and treatment;

(11) The name and telephone number of each child’s physician or health care provider; and

(12) Names, addresses, telephone numbers, and relationships of any person other than parent who are authorized to remove the child from the provider.

(b) There shall be a telephone that is operable and accessible to the provider during all operating hours for incoming and outgoing calls.

(c) Pursuant to 45 CFR Part 98.41, providers shall develop an emergency operations plan (EOP) for responding to natural, human-caused, or technological incidences, which shall contain procedures including, but not limited to:

(1) Evacuation;

(2) Relocation;

(3) Shelter-in-place;

(4) Lockdown;

(5) Communication and reunification with families;

(6) Continuity of operations;

(7) Accommodations of infants and toddlers;

(8) Accommodations of children with disabilities; and

(9) Accommodations of children with chronic medical conditions.

(d) Providers shall practice no less than 2 components of their EOP with children, no less than twice per year and maintain a written record of the practiced components.

(e) If a child is seriously injured while in the care of the provider, including fractures, dislocations, stitches, second or third degree burns, concussions, or loss of consciousness, or any other injury which results in calling 911, requires emergency medical treatment, or hospitalization, the provider shall:

(1) Notify the child’s parent immediately;

(2) Notify the department within 48 hours; and

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

(f) If a child goes missing while in the care of the provider, the provider shall call emergency police services, or 911, as soon as the provider has determined that the child cannot be promptly located on the premises of the child care provider.

(g) Providers shall report any occurrence of a missing child as described in (f) above to the department within 24 hours.

(h) If a child dies while in childcare, providers shall:

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

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

(3) Provide to the department a written report which details the circumstances which led up to the death within 72 hours of the incident.

(i) In addition to the reporting requirements under (h) above, providers shall, upon request, provide the department with any other available information regarding the death.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.08 Prevention of and Response to Emergencies Due to Food and Allergic Reactions.

(a) Providers shall obtain an allergy care plan, signed by the child’s physician, from the parent of each child with a food allergy or other allergy, which results in a serious reaction, that includes at a minimum:

(1) Instructions regarding the food(s) or other allergens to which the child is allergic and steps to be taken to avoid consuming or coming into contact with those allergens;

(2) A list of specific symptoms that would indicate the need to administer one or more of the medications referenced in (3) below; and

(3) Details describing the course of action to take in response to an allergic reaction, including the name, dose, and method of prompt administration of any required medication.

(b) With permission of the parent, each child’s allergy care plan shall be posted prominently wherever the child might come in contact with the allergen.

(c) Providers shall immediately notify the parent of any suspected allergic reactions, as well as the ingestion of or contact with a known allergen even if a reaction did not occur.

(d) Providers shall call 911 immediately after epinephrine has been administered.

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

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.09 Administration of Medication.

(a) Providers shall administer any medication, treatment, or other remedy as required under the provisions of the Americans with Disabilities Act of 1990.

(b) Providers shall only administer medication with:

(1) A valid and current prescription or signed and dated written instructions for administering the medication from the child’s physician; and

(2) Signed and dated written permission from the parent.

(c) Administration of non-prescription topical substances may be performed by the provider, with written permission from the child’s parent.

(d) In the event of a medication error in the administration of medication, the provider shall notify the child’s parent immediately.

(e) For any chronic condition requiring medication that is to be administered for more than 12 months, the written parental authorization specified in (b)(2) above shall be updated annually.

(f) The written instructions for administering the medication from the child’s physician specified in (b)(1) above shall be updated by the parent, and on file at the provider, if there is any alteration of any kind to the administration of the medication.

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

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

(i) All medication shall be:

(1) Inaccessible to children;

(2) Stored at the temperature and conditions recommended by the manufacturer or as directed on the prescription label; and

(3) Labeled with the child’s name to ensure correct identification of each child's medication.

(j) Medications such as insulin, inhalers, and epinephrine shall be immediately accessible to providers caring for children requiring such medications to assure timely administration when needed, and in accordance with instructions in He-C 6917.08(a)(2).

(k) All prescription or non-prescription medication and topical substances shall be kept in the original container or pharmacy packaging.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.10 Prevention and Control of Infectious Diseases, Including Immunizations.

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

(1) After each diaper change or toileting;

(2) After handling any bodily fluid;

(3) After cleaning up or handling garbage;

(4) After playing outdoors;

(5) Before and after eating;

(6) Before and after administering medication; and

(7) Before and during any food preparation or service as often as necessary to remove soil and contamination and prevent cross-contamination when changing tasks or from raw to ready-to-eat foods.

(b) Providers shall:

(1) Teach children the importance of handwashing with liquid soap and warm running water;

(2) Instruct, encourage, remind, or assist children as needed throughout each day to wash their hands as necessary to comply with (a)(1) through (5) above; and

(3) Wash the hands of infants as necessary to comply with (a)(4) and (a)(5) above.

(c) Providers shall observe each child for symptoms of illness or injury throughout the day and contact the parent if a child has:

(1) More than one episode of vomiting in one day;

(2) More than one episode of diarrhea in one day;

(3) Uncontrolled coughing or wheezing;

(4) Skin lesions which have not been diagnosed or treated by a licensed health care practitioner; or

(5) An oral temperature of 101 degrees Fahrenheit or higher or an under arm temperature of 100 degrees Fahrenheit or higher combined with any of the following:

a. Diarrhea;

b. Rash;

c. Earache;

d. Sore throat; or

e. Vomiting.

(d) Any time there is a spill of bodily fluids, or any provider or child has symptoms of, or are known to have, a communicable disease:

(1) Any spills of bodily fluids shall be immediately cleaned and sanitized;

(2) Persons involved in cleaning surfaces contained with bodily fluids shall:

a. Wear protective disposable gloves while cleaning, disinfecting, and sanitizing the contaminated surface; and

b. Immediately wash their hands with liquid soap and warm running water after discarding the gloves;

(4) The provider shall contact the bureau of disease control and prevention at (800) 852-3345, ext. 4496 for instructions regarding whether the ill individual is required to be excluded from child care and to determine reporting requirements in accordance with RSA 141-C:7 and He-P 301.03(d) and (e), He-P 301.03(i), and He-P 301.05(i)(3)b.

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

(f) Providers shall check children in diapers and change diapers and clothing if they are soiled or wet as needed, and at minimum once every 2 hours.

(g) The plastic bag containing the soiled diapers and cleansing articles shall be removed daily, securely closed, and placed outside in covered garbage cans for collection or removal at regular intervals.

(h) Providers shall clean and disinfect bathroom facilities whenever visibly soiled but at a minimum of once per week.

(i) All bedding used by children in care shall be cleaned at least once per week and more frequently if soiled.

(j) Providers shall ensure that the presence of pets does not present a hazard to the children.

(k) When there are pets in a provider’s home, providers shall:

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

(2) Keep cages that house small animals, fish tanks, and litter boxes away from food preparation, or food service areas, as well as any other area where children play; and

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

(l) Documentation of immunizations, in accordance with RSA 141-C:20-a, RSA 141-C:20-b, and He-P 301.14, shall be on file for each child on the first day the child is in attendance with the provider.

(m) Exemptions from the immunizations required under (l) above shall be in accordance with RSA 141-C:20-c and pursuant to 45 CFR Part 98.41(a)(1)(i)(C) for children experiencing homelessness or children in foster care. Providers may enroll children and allow for 60 days for families to obtain and provide documentation of immunizations.

(n) Providers shall not be required to obtain immunization records for children whose parent objects, on the grounds that such immunization is contrary to their religious beliefs, or for children with medical conditions that contraindicate immunization.

(o) Documentation for the exemptions listed in (n) above shall be on file with the provider, and shall be in accordance with RSA 141-C:20-c.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.11 First Aid and Pediatric Cardiopulmonary Resuscitation (CPR).

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

(b) If a child receives an injury or an incident occurs requiring first aid treatment, the provider shall inform the child’s parent of the injury on the date the child is injured.

(1) Notify the child’s parent immediately;

(2) Notify the department within 48 hours; and

(3) Provide to the department a written report which details the nature and circumstances which led to CPR being performed within one week of the incident.

(d) Providers shall not serve foods which can cause a choking hazard to children younger than 3 years of age or to children who have been identified as having chewing and swallowing difficulties, including but not limited to:

(1) Spoonfuls of peanut butter;

(2) Whole or rounds of hot dogs or sausage;

(3) Whole grapes;

(4) Hard candy and chewing gum;

(5) Raw carrot rounds, peas, or celery:

(6) Chips or hard pretzels;

(7) Marshmallows;

(8) Nuts or seeds;

(9) Popcorn; and

(10) Other hard or cylinder-shaped foods that may pose a choking hazard.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.12 Child Development.

(a) During the operating hours of child care, parents shall have the opportunity to communicate with the provider who cares for their child.

(b) Children shall be within sight or hearing of child care providers at all times.

(c) Provided that written permission is on file, a provider may allow school-age children 72 months and older to play outside when a provider is inside, or to leave the premises of the provider, unsupervised, to participate in a specific activity.

(d) Providers shall not leave infants or toddlers unattended in seating, carrying, or in holding devices such as car seats or infant seats placed on counter tops, tables, or other elevated surfaces.

(e) Providers shall provide toys, equipment, and learning materials that are:

(1) Available and accessible to children;

(2) Safe and in good repair;

(3) Cleaned on a regular basis; and

(4) Developmentally appropriate.

(f) Infants shall not be placed in any equipment which requires them to support their heads on their own if they have not yet developed the ability to do so.

(g) Baby walkers with wheels shall be prohibited.

(h) Providers shall not allow children younger than 3 years of age to have access to toys, toy parts, and other materials which pose a choking risk or are small enough to be swallowed, such as, but not limited to, coins, balloons, or exposed foam padding.

(i) Providers shall provide daily opportunity for outdoor physical activity in the absence of extreme weather.

(j) All media, including television, video, or electronic devices shall be age and developmentally appropriate, and providers shall comply with parental restrictions regarding the use of electronic media for their child.

(k) Providers shall nurture and encourage each child in care by providing each child with a variety of developmentally appropriate learning and social experiences and establishing and maintaining a learning environment that provides for the emotional well-being of each child.

(l) When a child is engaging in unacceptable behavior, providers shall:

(1) Establish developmentally appropriate rules or limits for acceptable behavior, which are equitable and consistently applied;

(3) Demonstrate desired behavior and problem-solving skills and then redirect children to acceptable behavior;

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

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

(m) Separation, or time out, shall only be used as a method to enable a child to regain control of themselves, not as punishment, and as follows:

(1) Separation shall be brief and appropriate to the child’s developmental level and circumstances;

(2) When a child is separated from the group, the child shall be:

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

b. Within hearing and sight of a provider.

(n) Providers and household members shall not:

(1) Abuse or neglect children;

(2) Use rough handling on children;

(3) Use corporal punishment on children;

(4) Require children to stand or sit facing walls or corners;

(5) Withhold food from children, forcibly feed children, or discipline children for not eating;

(6) Shame, humiliate, threaten, or frighten children;

(7) Discipline children for toileting accidents, lapses in toileting habits, or prohibit children from using the toilet as a form of punishment;

(8) Use isolation as a form of discipline on children;

(9) Yell in anger or frustration at or with children;

(10) Discipline children for not sleeping at rest or nap time;

(11) Direct profanity or obscene language at children or use profanity or obscene language in the presence of children;

(12) Require children to sleep, rest, go to their cot, mat, bed, or playpen or other sleeping or rest facilities, as a form of discipline;

(13) Confine infants or toddlers in highchairs or other seating devices or equipment, which restricts movement, as a form of discipline; or

(14) Place or confine children in equipment that is not appropriate for their age, including but not limited to cribs, playpens, or highchairs;

(o) Providers shall develop and implement a written policy to address the limitations of expelling children from child care for challenging behaviors.

(p) The policy in (o) above shall address at a minimum:

(1) The steps the provider will take to assist the child in maintaining enrollment prior to expelling the child for challenging behaviors;

(2) Parental notification requirements regarding their child's challenging behavior; and

(3) The responsibilities of the provider if the challenging behavior results in a serious safety risk to the child or others within child care.

(q) The written policy in (o) above shall be provided to parents at enrollment.

(r) The expulsion policy in (o) above shall only apply when addressing a child's behavior and not a parent's misconduct or the parent's failure to comply with other rules or laws.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.13 Prevention of Sudden Infant Death Syndrome and Use of Safe Sleeping Practices.

(a) Providers shall consult with the parent of each child and observe children on an ongoing basis to determine each child’s resting or napping needs.

(b) To reduce the risk of Sudden Infant Death Syndrome (SIDS), infants up to 12 months of age shall be placed on their backs to sleep in a crib or playpen, unless there are written medical orders from the infant’s primary health practitioner requiring alternate positioning.

(c) Infants up to 12 months of age shall not nap or sleep in a car safety seat, beanbag chair, bouncy seat, infant seat, swing, jumping chair, highchair, chair, futon, moses basket, or any other type of furniture or equipment that is not a playpen or crib that meets the requirements of (f) below.

(d) There shall be an individual crib or playpen for each child 12 months of age and younger, except for siblings for whom co-sleeping is part of their family culture, and written authorization is given by the child’s parent and the child’s primary health care provider.

(e) No crib shall be used unless manufactured on or after June 28, 2011 or, if manufactured prior to that date, has a Children’s Product Certificate (CPC) or test report from a consumer product safety commission (CPSC) accepted third-party lab, provided by the manufacturer documenting the crib’s compliance as required by 16 CFR 1219 and 1220.

(f) All cribs and playpens required in (e) above shall:

(1) Be free of cracked or peeling paint, splinters, and rough edges;

(2) Have no more than 2⅜ inches between slats;

(3) Have no missing, loose, broken, or improperly installed parts, screws, brackets, baseboards, or other loose hardware, or damaged parts on the crib or mattress supports;

(4) Not have corner posts which extend more than 1/16 of an inch above the end panels;

(5) Not have holes or tears in the mesh walls or in the material that connects the walls to the bottom of the crib or playpen;

(6) Have properly fitted sheets which do not have excess fabric or that compress the mattress; and

(7) Have mattresses which:

a. Are in good repair, and free of rips or tears; and

b. Fit the crib or playpen so that the space between the mattress and crib or playpen is not more than 2 adult fingers wide and does not create a suffocation hazard.

(g) Cribs or playpens used by infants up to 12 months of age shall not have bumper pads, blankets, flat sheets, pillows, quilts, comforters, sleep positioners, or any soft items or toys.

(h) When the provider places an infant in a crib or playpen for sleep, the provider shall:

(1) Check to ensure that the temperature in the room is comfortable for a lightly clothed adult;

(2) Check the infant to ensure that the infant is comfortably clothed and not overheated or sweaty; and

(3) Check to ensure that bibs and garments with ties or hoods are removed from the infant.

(i) Children older than 3 months shall not be swaddled or placed in restrictive or weighted sleep suits or devices unless there are written medical orders from the child’s primary health practitioner on file at the provider.

(j) A provider may use electronic monitors to supervise sleeping children provided that:

(1) The parent provides a signed and dated authorization stating that the parent is aware of and agreeable to the use of an electronic monitor as a means of supervising their child when their child is asleep;

(2) Sounds from the monitor shall be easily heard by the provider;

(3) Every 10 minutes the provider shall observe the sleeping children, in person, to ensure that the child is safe and comfortable; and

(4) Video monitors shall not replace a physical check of the child by the provider.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.14 Prevention of Shaken Baby Syndrome and Abusive Head Trauma and Prevention, Recognition, and Reporting of Child Abuse and Neglect.

(a) Providers shall not shake or perform any action likely to cause abusive head trauma, but rather use strategies to cope with a crying, fussing, or distraught infant.

(b) Providers shall allow a parent access to their child at all times while the child is in the provider’s care, unless allowing access is contrary to a court order or a court-ordered parenting plan pursuant to He-C 6914.07(a).

(c) Providers shall take prompt action to protect children from abuse, neglect, corporal punishment, and any other mistreatment by any individual.

(d) Any provider, or other person involved with a provider who suspects that child is being abused or neglected shall be a mandated reporter in accordance with RSA 169-C:29 and shall report the suspected abuse to the division for children, youth, and families by calling 1-800-894-5533.

(e) When any child, while in care of a provider, is the victim of corporal punishment or other harsh punishment or treatment and has been physically or mentally injured because the child was not adequately supervised, or when the health, safety, or well-being of any child has been otherwise seriously jeopardized due to a provider’s non-compliance with any of the provisions of He-C 6917, the enrolled child care provider shall fully inform the child’s parent of the details of the punishment, or of the incident which injured their child or jeopardized their child’s health, safety, or well-being, including the following details:

(1) The name of who was involved in, and who witnessed the incident, while keeping the identities of other children confidential;

(2) What occurred prior to and following the incident;

(3) When and where the incident occurred; and

(4) Any action that has been or will be taken by the provider as a result of the incident.

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

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.15 Appropriate Precautions in Transporting Children.

(a) Except for relative providers as defined in He-C 6917.03(r), providers who wish to take children on routine, unplanned local trips, or scheduled field trips shall obtain a signed and dated permission slip from each child’s parent, which specifies all approved destinations and activities. This permission slip shall include the destination of the trip and the estimated time that the parent can expect the child to return to the home where care typically takes place.

(b) During any field trip, providers shall have access to a phone in case of emergency and provide the phone number to parents.

(1) Registered, insured, and inspected in accordance with the laws and rules of the state of New Hampshire;

(2) Driven by individuals who are at least 18 years of age and hold a valid driver’s license; and

(3) Maintained in safe operating condition.

(d) Providers shall be prohibited from using mobile electronic devices while operating a vehicle to transport children, including hands-free operation.

(e) The number of persons who are transported by the provider shall be limited to the number of persons the vehicle is designed to carry.

(f) Children younger than 5 years of age who are transported by the provider or during any provider-sponsored activity shall not be transported in any vehicle exempted from seat belt requirements under RSA 265:107-a, II.

(g) Providers shall utilize individual, age-appropriate child restraints, or seat belts, which shall be provided for and used by each child in accordance with RSA 265:107-a.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.16 Monitoring Visits, Monitoring Statement, Program Improvement Plan, and Enforcement.

(a) The department shall conduct an announced monitoring visit prior to enrollment.

(b) The department shall conduct an annual announced monitoring visit for all enrolled in-home child care providers in order to maintain enrollment.

(d) At the close of any monitoring visit, when an investigation is concluded, or as soon as possible thereafter, the department shall review with the provider a summary of any violations of He-C 6917 found during the visit.

(e) The department shall issue the monitoring statement via email, if a valid email address has been provided by the provider, or by United States mail if an email address has not been provided.

(f) The provider shall complete a program improvement plan for each violation included on the monitoring statement, which shall include the following:

(1) The action the provider has taken or will take to correct each violation;

(2) The steps the provider will take to ensure compliance with He-C 6917 and the applicable statutes in the future;

(3) The date by which each violation was corrected or will be corrected;

(4) The interim measures the provider has implemented to protect the health and safety of children when the violation cannot be corrected immediately; and

(5) The dated signature of the provider.

(g) The provider shall develop program improvement plans and return them to the department in accordance with the following:

(1) The program improvement plan shall be submitted to the department within 21 calendar days of the date the monitoring statement is sent out by the department; and

(2) The names of individuals, including children, shall not be included in the program improvement plans.

(h) When a submitted program improvement plan in accordance with (f) above is not acceptable to the department in correcting the violation, the department shall issue a directed program improvement plan to the provider.

(i) Notwithstanding (f), (g), and (h) above, when the department determines that there is an imminent threat to the health or safety of children, it shall issue a program improvement plan to the provider, without first offering the provider an opportunity to complete a program improvement plan.

(j) When the provider receives a program improvement plan issued by the department, in accordance with (h) and (i) above, it shall:

(1) Add any additional details regarding the improvement plan the provider feels are necessary; and

(2) Complete and return the program improvement plan in accordance with (f) above.

(k) Notwithstanding (a) through (g) above, when a provider has repeatedly violated standards set forth in He-C 6917 or has violated a rule or statute which resulted in physical or mental injury to a child, or caused a child to be in danger of physical or mental injury, the department shall initiate enforcement action pursuant to He-C 6914.08 without first requesting that the provider submit a program improvement plan.

(l) The provider shall comply with all department-approved program improvement plans.

(m) The provider shall:

(1) Maintain on file on the premises and make available to all a copy of the monitoring statement and program improvement plan; and

(2) Not alter the monitoring statement or program improvement plan issued by the department.

(n) Except for relative providers and children being cared for in their own home by a relative as defined in He-C 6917.03(r), the department shall post the monitoring statement and program improvement plan within 5 days of the date of issue on the department website.

(o) The department shall conduct follow up monitoring visits as needed to monitor the implementation of the program improvement plan.

(p) The department shall revoke or deny a new applicant or renewal as an enrolled child care provider in accordance with He-C 6912, He- C 6914, He- C 6918, and He-C 6920.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.17 Informal Dispute Resolution

(a) An opportunity for informal dispute resolution shall be available to any provider who disagrees with a citation issued by the department, per RSA 170-E:10-a.

(b) When requesting an informal dispute resolution, the provider shall:

(1) Submit a written notice to the department requesting an informal dispute resolution no later than 14 days from the date of issuance of the monitoring statement; and

(2) Include in the notice why the provider believes that the citation was issued erroneously as noted in the monitoring statement.

(c) In accordance with RSA 171-E:10-a, written notice of the department’s decision shall be provided to the provider within 30 days from receipt of the request and receipt of any and all information from the provider.

(d) An informal dispute resolution shall not be an option for any provider against whom the department has initiated a fine, or action to suspend, revoke, deny, or refuse to renew enrollment as a child care provider.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23

He-C 6917.18 Waiver of Rules.

(a) A provider wishing to request a waiver of a rule shall provide in writing or electronically the following information:

(1) The provider’s name, address, phone number, and the bridges database resource identification number assigned by the department for electronic payments;

(2) The rule numbers for which the waiver is being requested;

(4) The number and age range of children who will be affected by the waiver;

(5) The signature of the enrolled child care provider;

(7) The plan for future compliance after the waiver period is over.

(b) A waiver shall be granted to the applicant or enrolled provider if the department determines that the alternative proposed by the applicant or enrolled provider:

(1) Meets the objective or intent of the rule;

(2) Does not negatively impact the health, safety, or well-being of the children; and

(3) Does not negatively impact the operation of the provider.

(c) When a waiver is approved, the provider’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which the waiver was sought.

(d) The department shall not approve any request for a waiver of any of the provisions relevant to state or federal law or of any rules of other state agencies which are referred to in this chapter.

(e) A waiver request shall be denied when any of the following occurs:

(1) The rule for which a waiver is being requested is related to fire safety or environmental health or safety;

(2) The provider has been found in violation of one or more of these rules and has not corrected the violation;

(3) The department finds that approval of the requested waiver will jeopardize the health or safety of children;

(4) The department finds that approval of the requested waiver will impair the provider’s ability to adequately care for children;

(5) The department finds that approval of the requested waiver will impair the operations of the child care provider; or

(6) The department determines that the provider has not submitted a written plan for compliance with the rule or an acceptable plan for satisfying the intent of the rules as an alternative to complying with the rule.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23 (formerly He-C 6917.17)

He-C 6917.19 Complaints and Investigations.

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

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

(3) There is sufficient specific information for the department to determine that the allegation, if proven to be true, would constitute a violation of any of the provisions of He-C 6917; or

(4) The complaint is received from any source and alleges a violation that occurred at any time if the complaint alleges:

a. Physical injury or abuse;

b. Verbal or emotional abuse; or

c. The danger of physical injury to one or more children.

(b) A complaint investigation shall be conducted when the department receives a complaint which meets the conditions specified in (a) above and which contains an allegation of violation of He-C 6917.

(c) When the complaint is determined to be founded, a monitoring statement shall be issued listing the violations found as a result of the investigation, and any other violations found during the visit, which shall be considered and treated as a finding of a complaint visit.

(d) When the complaint is determined to be unfounded, a notice shall be sent to the provider advising that the complaint was unfounded.

Source. #12536, eff 5-24-18; ss by #13650, eff 5-25-23 (formerly He-C 6917.18)

He-C 6917.20 Confidentiality.

(a) Except for law enforcement agencies or in an administrative proceeding against the applicant or enrolled provider, the department shall keep confidential any information collected during an investigation, unless it receives an order to release, destroy, or take any action relating to the information from a court of competent jurisdiction.

(b) When the department determines any child was the victim of corporal punishment, or other harsh punishment or treatment, or has been physically or mentally injured because the child was not supervised, or any child’s health, safety, or well-being was otherwise jeopardized due to provider’s non-compliance with He-C 6917, the department shall contact the child’s parent to ensure that the provider has fully informed the parent about the corporal punishment, or other harsh punishment or treatment, or the incident which injured their child or placed their child at risk, in accordance with He-C 6917.14(f).

(1) On the premises; and

(2) Accessible and available for review by the department, upon request, for one year, unless otherwise specified.

(d) A provider shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of children under their care and all facts learned about children and their families with the following exceptions:

(1) A provider shall allow the department access to all records that are required by department rule or state statute to keep; and

(2) A provider shall release information regarding a specific child only as directed by a parent of that child, or upon receipt of written authorization to release such information, signed by that child’s parent.

(e) Any provider shall not:

(1) Make false or misleading statements to the department, whether verbal or written; or

(2) Falsify any documents, other written information, or reports issued by or required by the department under He-C 6912, He-C 6914, He-C 6917, or He-C 6920.

(f) In addition to (d) above, a provider shall discuss or share information regarding the admission, progress, behavior, health, or discharge of a child with the child’s parent in a manner that protects and maintains confidentiality for both the child and the child’s parent.

Source. #13650, eff 5-25-23 (formerly He-C 6917.20)

PART He-C 6918 CHILD CARE PROVIDER BILLING AND PAYMENT REQUIREMENTS

He-C 6918.01 Purpose. The purpose of this part is to identify the requirements to bill the department of health and human services (DHHS) and receive payment for child care services through a child care scholarship.

Source. #12224, eff 7-10-17; ss by #13066, eff 7-1-20

He-C 6918.02 Scope.

(a) This part shall apply to licensed and license-exempt child care providers who receive financial reimbursement from the DHHS for those families utilizing employment-related, preventive or protective child care services.

(b) The scholarship payments established pursuant to He-C 6918 shall be contingent upon the availability and continued appropriation of sufficient funds for this purpose, and in no event shall DHHS be liable for any payments here under in excess of such available appropriated funds.

Source. #12224, eff 7-10-17; ss by #13066, eff 7-1-20

He-C 6918.03 Definitions.

(a) “Authorized representative” means the person(s) who is designated or authorized by a child care provider to act on behalf of that provider in matters related to billing DHHS for child care services provided and is not the parent of a child in the provider’s care who is receiving child care scholarship.

(b) “Authorized service level” means full time, half time, or part time service level based on the number of hours per week of child care according to the approved activities plus commute time.

(c) “Caretaker relative” means a specified relative as defined in RSA 167:78, III, namely “a specified relative, other than a parent, who provides care and parental control to a dependent child.”

(d) “Case plan” means the division for children, youth and families (DCYF) written plan for the child and the family which outlines how services will be provided, and requirements to be met by a parent receiving a protective child care scholarship, pursuant to RSA 170-G: 4, III and 42 U.S.C. 671, Part E-Federal Payments for Foster Care and Adoption Assistance 42 USC 671(a) (16) and 42 USC 675(5) (a)-(D) state plan for foster care and adoption assistance.

(e) “Child care” means the act of providing safe and healthy care, including supervision, food, activity, and rest for a child for any portion of a 24-hour day, in order to promote healthy child development.

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

(g) “Child experiencing a disability or significant special need(s)” means a child through the age of 17 who has a verified medical, physical, developmental, educational, or emotional disability requiring additional funds for accommodation or classroom adaptation in the child care setting.

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

(i) “Commute time” means for employment related child care one hour per day in a week, during which the parent(s) travels for active participation to and from an employment related activity.

(j) “Cost share” means a DHHS-determined portion of the standard rate charged as a fee to parents for child care services, based on family size and income pursuant to He-C 6910.18.

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

(l) “Division for children, youth, and families (DCYF)” means the organizational unit of DHHS that provides services to children, youth, and families referred by courts pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, and RSA 463.

(m) “Employment-related activities” means participation in an approved activity that is designed to assist parents to enter, re-enter, or remain in the workforce as described in He-C 6910.07(e).

(n) “Enrolled child care provider” means a child care provider who has met the qualifications and requirements found in He-C 6914 and He-C 6912 and is authorized to receive payment from DHHS for child care services provided. The term includes the definition of “registered provider” pursuant to RSA 170-E:6-a.

(o) “Family” means a child(ren) and an adult(s) who reside in the same household and who have a birth, foster, step, adoptive, legal guardianship, or caretaker relative relationship.

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

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

(r) “Friend or neighbor provider” means a provider who cares for any number of his or her own children, whether related biologically or through adoption, and up to 3 additional children regularly for any part of the day, but less than 24 hours.

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

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

(u) “Job search” means a 92-calendar day period:

(1) Granted at initial eligibility, during which a parent is actively seeking employment; or

(2) Granted during a 12-month eligibility period when a parent’s approved activity terminates, to allow a parent the opportunity to engage or re-engage in an approved activity.

(v) “Legal guardian” means an individual who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of the child(ren).

(w) “Licensed” means a child care provider has been issued a child care license to operate by the commissioner of DHHS, in accordance with RSA 170-E, or has been issued a child care license to legally operate as a child care provider in accordance with the licensing requirements of a state neighboring New Hampshire.

(x) “License-exempt facility-based program” means a license-exempt child care provider pursuant to RSA 170-E:3, I (f) and(g).

(y) “License – exempt in home provider” means a person who is:

(1) Providing child care in a private home;

(2) Exempt from licensure pursuant to RSA 170-E:3; and

(3) Either a relative provider or a friend or neighbor provider.

(z) “NH Bridges” means the automated case management, information, tracking, and reimbursement system used by DHHS.

(aa) “Notification” means a written or printed document that advises:

(1) Families of:

a. The results of eligibility determinations; and

b. Other changes in child care scholarship; or

(2) Providers of:

a. Changes to a family’s child care scholarship, as applicable;

b. The maintenance of the provider’s enrollment status; and

c. Other information related to the provider’s compliance with these rules.

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

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

(ad) "Preventive child care" means child care authorized by the comprehensive family support agencies to prevent child abuse or neglect and to give the parent an opportunity to participate in programs designed to teach positive parenting skills and address concerns that could lead to child abuse or neglect.

(ae) “Protective child care” means child care authorized by DCYF while there is an open assessment or a founded case of child abuse or neglect in order to assist the parent, according to (ab) above, in maintaining employment, or when child care is in the best interest of the child or to provide an opportunity to address the concerns that lead to abuse or neglect.

(af) “Recipient” means a member of a family who meets eligibility requirements or authorization pursuant to He-C 6910 or He-C 6912 and is receiving child care scholarship from DHHS. The term includes the definition of “parent” in (ab) above.

(ag) “Registration fee” means a fee paid to a child care provider to register, enroll or sign up for child care services.

(ah) “Relative provider” means a provider who only cares for his or her children, children related to the provider, and children residing with the provider.

(ai) “Standard rate” means a DHHS determined rate used to calculate a child care scholarship and cost share amounts. This term includes "weekly standard rate”.

Source. #12224, eff 7-10-17; ss by #13066, eff 7-1-20

He-C 6918.04 Child Care Billing and Payment Requirements.

(a) DHHS shall make child care payments on behalf of an eligible child directly to a DHHS enrolled child care provider within 21 calendar days from receipt of the provider’s correctly completed invoice based on the child’s attendance up to the authorized service level and if all of the requirements of He-C 6918 are met.

(b) All child care providers and authorized representatives, if any, shall be required to submit invoices via the DHHS web billing application at https://business.nh.gov/beb/pages/index.aspx, and:

(1) Request a web billing account from DHHS by completing, signing, and submitting Form 2679 “Provider Web Billing User Account Request Form” (February 2017);

(2) Be issued a logon by DHHS for use in accessing the web billing account; and

(3) Be issued a temporary personal identification number (PIN) by DHHS for use in submitting web billing invoices and certifying to the information in (g)(4) below. The PIN shall denote the user’s signature.

(c) Neither the child care provider nor any authorized representative shall transfer his or her logon or PIN, or allow use of his or her log on or PIN by any other person.

(d) Each child care provider shall maintain weekly attendance records as described in (e) below for a period of 3 years for each week billed to DHHS.

(e) Each child care provider shall accurately document the following information on a weekly attendance record:

(1) The name of the child care provider or program;

(2) The date of service including the month, day, and year;

(3) The child’s first and last name;

(4) The time of the child’s arrival and departure; and

(5) The parent’s original signature, or electronic signature, including the first and last name.

(f) Child care payments in (a) above shall be made if the child care provider:

(1) Is enrolled with the DHHS child care scholarship program pursuant to He-C 6914 and He-C 6912;

(2) Has on a weekly basis, submitted a billing invoice for each eligible child according to (g) or (h) below, as applicable:

a. Where the hours present and billed matches the arrival and departure times on the attendance records signed by the parent;

b. Where the child absentee hours reflect hours the child was absent;

c. Where the hours billed do not include any hours beyond the child’s last day in attendance; or

d. Where the invoice does not include fees or extra charges such as materials, activity, field trip, fees, or late pick up charges or deposits which cover a portion of the payment; and

(3) Is an enrolled license-exempt child care provider and has been the only person providing the child care and supervision for the time billed to DHHS.

(g) For employment-related child care, DHHS shall make payment to the provider if:

(1) The provider or parent has submitted a completed, signed, and dated Form 1863, “Child Care Provider Verification,” (May 2020) pursuant to He-C 6910 with the understanding that:

“A licensed is required when care is given in a private home for more than 3 children, unrelated to the provider at any given time, in addition to my own children;

I cannot be reimbursed for child care scholarship if I reside in the same home as the child that I am caring for and/or if the child has a biological, step, or adoptive relationship to me; and

The department may release child care information to the above-named provider by the Department of Health and Human Services.”;

(2) The family was eligible for child care scholarship during the time period indicated in the child care provider’s billing invoice;

(3) The child care provider or an authorized representative completes and submits a billing invoice for each child pursuant to He-C 6918.04(b); and

(4) The web billing PIN is submitted to DHHS to certify that:

a. The billing was completed in accordance with this section;

b. The hours included on the invoice are one of the following:

1. Hours in which the child care services were provided;

2. Hours the child was absent;

3. The closure hours available, per calendar year, to the provider include:

(i) Thanksgiving day;

(ii) Christmas day;

(iii) New Year’s day;

(iv) Twelve hours of staff professional development;

(v) Twelve hours of program closures;

4. A federal, state, or DHHS administrator declared disaster closure day(s); or

5. Any combination of 1. – 4. above; and

c. The billing is true and accurate.

(h) Payment for preventive or protective child care services shall be authorized:

(1) For protective child care, Form 2110 “Service Authorization,” (6/30/08), completed by the child protection social worker (CPSW);

(2) For preventative child care, Form 1902 “Referral for Preventive Child Care Services,” (February 2017), completed by the comprehensive family support agency; and

(3) For both protective and preventive child care, Form 1864 “Protective Child Care Provider Verification” (February 2017), completed by the provider, pursuant to He-C 6912.

(i) Payment for preventive or protective child care services shall be made by DHHS if:

(1) The child was authorized for child care scholarship during the time period indicated on the child care provider billing invoice;

(2) The child care provider or an authorized representative completes and submits a billing invoice for each child; and

(3) The web billing PIN is submitted to DHHS to certify the invoice in accordance with (g)(4) above.

(j) Billing pursuant to (g)(4)b.2. and 3. above shall only reflect the hours the child was scheduled to attend the program.

(k) The provider shall only bill for the holidays listed in (g)(4)b.3.(i)-(iii) above, when the child care program is closed.

(l) DHHS shall not accept paper billing for provider closures listed in (g)(4)b. 3 and 4. above.

(m) The provider shall maintain a closure and training calendar in the web billing application.

(n) A foster parent with valid licensure to provide child day care services shall be approved to provide child day care services for children in care only when the ratio of children in care to other children receiving child day care services in the home is at least one to one.

(o) Upon written request from DHHS, and within 7 business days of such request, each child care provider shall provide DHHS with weekly attendance records as described in (e) above as supplemental billing documentation.

(p) If DHHS determines a child care provider submitted incorrect billing:

(1) DHHS shall adjust the incorrect billing invoice to negate the payment; and

(2) DHHS shall notify the provider to correct the billing errors and resubmit the billing invoice no later than 60 days from the date of service.

(q) If the provider does not comply with (p)(2) above, DHHS shall withhold the total amount of the child care payment from future DHHS payments to the provider, beginning with the next scheduled payment.

(r) DHHS shall not pay the billing invoice if the provider does not resubmit the billing invoice correctly in accordance with (f), (g), (h), (i) and (j) above.

(s) If DHHS determines the provider or the provider’s authorized representative has repeatedly submitted the billing invoices incorrectly, DHHS shall issue a notification with the following information:

(1) A description of the billing errors, including the type and frequency of the errors, and instructions on how to correct the billing errors;

(2) The required web-based training the provider shall attend within 20 business days of the date of the notification;

(3) How to access the mandated web-based training; and

(4) Notification that provider disqualification shall occur if:

a. Further billing errors occur after the provider has attended the mandated web-based training; or

b. The provider does not attend the mandated web-based training within 20 business days of the day of notification.

(t) Any child care provider applying for a DHHS assistance program shall report all child care payments received as income.

(u) A child care provider shall not be eligible to receive payments for child care services for a specific child when the provider has not:

(1) Submitted a weekly billing invoice and been paid within 60 days of the date of service in accordance with (f), (g), and (h) above; or

(2) Submitted invoices in accordance with (e) above.

(v) No claims shall be paid over 60 days.

(w) If DHHS does not pay the child care provider because the provider’s billing practices are contrary to the provider agreement, He-C 6914, He- C 6912, and He-C 6918, the provider shall:

(1) Only charge the parent the DHHS cost share plus the co-payment and not bill the parent for the cost of the child care services that could have been paid by DHHS; and

(2) Forfeit the right to pursue payment.

(x) DHHS shall issue to a child care provider a federal Form 1099 in January of each calendar year if the total reportable payment from all state agencies equals $600.00 or more.

(y) If an overpayment is received, a provider shall contact DHHS provider relations at (800) 852-3345.

(z) A provider and a parent shall determine whether the amount the parent or guardian pays the provider each week shall include one or both of the following:

(1) All or part of the cost share; and

(2) All or part of the copayment which is the difference between the DHHS maximum standard rate and the provider’s regular weekly fee.

(aa) DHHS shall allow one child care registration fee payment for employment related child care, up to $50.00 per calendar year for each child eligible for child care scholarship.

(ab) DHHS shall allow for preventive and protective child care registration fee payment, determined by the provider charge, for each child eligible for child care scholarship.

(ac) The registration fee charged in (z) and (aa) above shall not exceed the amount the provider charges to a private paying family.

(ad) DHHS shall not accept paper billing for child care registration fees.

Source. #12224, eff 7-10-17; ss by #13066, eff 7-1-20

He-C 6918.05 Child Care Scholarship Payment.

(a) Child care scholarship payments shall be made when children are absent such that each child shall receive a DHHS determined monthly allotment of absentee hours based on the child’s authorized service level that will be used whenever a child is absent until the monthly allotment is exhausted.

(b) The monthly absentee allotment shall be:

(1) Twenty-one hours for full time; or

(2) Thirteen hours for half time.

(d) Child care providers shall be paid a weekly standard rate based on the child care scholarship standard rate methodology pursuant to He-C 6910.17 and He-C 6912.16.

(e) The employment related NH child care scholarship cost share for each family shall be determined according to He-C 6910.18.

(f) For employment related child care, child care scholarship payment shall begin on the date of the completed and signed child care application or the begin date of child care on Form 1863 “Child Care Provider Verification” (May 2020), whichever is later.

(g) For preventive and protective child care, child care scholarship payment begins on the date of the child care authorization for child care scholarship.

(h) A provider shall submit an annual report to DHHS specifying how monies were spent for a child(ren) experiencing a disability or significant special need in accordance with He-C 6910.09(j)(2)b, He-C 6912.05(f)(2)b., and He-C 6912.10(b)(2)b.

Source. #12224, eff 7-10-17; ss by #13066, eff 7-1-20

He-C 6918.06 Provider Disqualification. Any enrolled licensed or license-exempt child care provider shall be disqualified if he or she has:

(a) Submitted a billing invoice, including, but not limited to the following:

(1) Billing for child care services not provided; or

(2) Billing for child care services provided:

a. By another person or provider; or

b. While not in compliance with child care licensing requirements under He-C 4002;

(b) Either:

(1) Not provided the supporting billing documentation as required by He-C 6918.04(g) and (h); or

(2) Provided information on the supporting billing documentation that is fraudulent, false, or misleading, including weekly attendance records;

(c) Not met the criteria in He-C 6914.08(c)(2), or He-C 6912.17 (c)(2) but has been determined to have repeated billing errors after receiving a notification from the DHHS identifying the errors and correct billing procedures pursuant to He-C 6918.04(s), and the provider:

(1) Failed to complete the mandated web-based training; or

(2) Completed the mandated web-based training but continued to submit the billing invoices or attendance records incorrectly; or

(d) Been disqualified pursuant to He-C 6914.08(c) or (d) or He-C 6912.17 (c) or (d).

Source. #12224, eff 7-10-17; ss by #13066, eff 7-1-20

He-C 6918.07 Appeals.

(a) A provider or parent may appeal a decision made by DHHS within 10 business days of the receipt of the notification when:

(1) The payment has been withheld; or

(2) The payment amount is disputed.

(b) The request for an appeal shall be made in accordance with He-C 200.

Source. #12224, eff 7-10-17; ss by #13066, eff 7-1-20

He-C 6918.08 Recoupment of Overpayments.

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

(1) When a provider or parent requests continuation of a child care scholarship according to He-C 6918.07, pending the outcome of an appeal and the appeal decision upholds the DHHS proposed action; or

(2) For any other reason that a provider received an incorrect higher amount of payment than he or she should have received.

(b) When an overpayment has occurred, DHHS shall determine the cause in accordance with (c), (e), (h), and (i) below.

(c) The overpayment shall be solely the fault of the provider when the parent is in compliance with the provisions of He-C 6910 and He-C 6912, and the provider has been paid for child care services:

(1) Not provided; or

(2) That were not provided in compliance with He-C 6912, He-C 6914, He-C 6918, and the provider agreement.

(d) If the overpayment has been determined to be solely the fault of the provider, the provider shall receive a notification that an overpayment has occurred, and that repayment shall be made in accordance with (j) below.

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

(1) The provider is in compliance with He- C 6912, He-C 6914 and He-C 6918 and the provider agreement;

(2) The parent has not complied with the provisions of He-C 6910 or He-C 6912; and

(3) The provider has no knowledge that the parent was out of compliance with the provisions of He-C 6910 or He-C 6912.

(f) If an overpayment has been determined to be solely the fault of the parent, by a false statement, misrepresentation, or concealment, the parent shall receive notification that an overpayment has occurred and payments shall be recouped in accordance with RSA 167:17-a.

(g) The overpayment shall be the fault of both the parent and provider when:

(1) Both parties are out of compliance with He-C 6910, He-C 6912, He-C 6914 and He-C 6918; or

(2) Both parties were in collusion, meaning they agreed to actions with the understanding that their actions constituted a violation of the provisions of these rules, He-C 6910, He-C 6912, He-C 6914 or He-C 6918.

(h) If the overpayment is determined to be the fault of both the parent and the provider, notification shall be sent to both parties, and DHHS shall initiate further action such as recoupment of payment from either or both the parent and provider.

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

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

(1) Repay the overpayment in full; or

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

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

Source. #12224, eff 7-10-17; ss by #13066, eff 7-1-20

He-C 6918.09 Confidentiality.

(a) Except for law enforcement agencies or in an administrative proceeding against the child care provider, the department shall keep confidential any information collected during an investigation, unless it receives an order to release, destroy, or take any action relating to the information from a court of competent jurisdiction.

(b) A provider shall maintain all records, whether in electronic or paper format, required by He-C 6918, and the records shall be:

(1) On the premises; and

(2) Accessible and available for review by the department, upon request, for 3 years, unless otherwise specified.

(c) A child care provider shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of children under their care and all facts learned about children and their families with the following exceptions:

(1) A child care provider shall allow the department access to all records required by department rule or state statute, and to such records as necessary for the department to determine staffing patterns and staff attendance; and

Source. #12224, eff 7-10-17; ss by #13066, eff 7-1-20

He-C 6918.10 Waiver of Rules.

(a) Providers who request a waiver of a requirement in He-C 6918 shall submit a written request to DHHS, which includes the following information:

(1) The program name, address, phone number, and NH Bridges resource ID number assigned by the department;

(2) The specific reference to the section of the rule for which a waiver is being requested;

(3) An explanation of why a waiver is necessary, the length of time for which the waiver is requested, not to exceed 92 days, and any effect the granting of the waiver will have on the health and safety of the children in the program;

(4) The number and age range of children who will be affected by the waiver;

(5) A written plan to achieve compliance with the rule or explaining how the provider will satisfy the intent of the rule, if the waiver is granted;

(6) The signature of the enrolled child care provider; and

(7) The signature of the parent or copy of a notice which has been shown to, or mailed to each parent, explaining the waiver request and informing the parent that he or she may call the department if they have any concerns about the requested waiver.

(b) A waiver shall be granted to the child care provider if:

(1) The department concludes that authorizing deviation from compliance with the rule from which the waiver is sought does not contradict the intent of the rule or conflict with statute; and

(2) The alternative proposed ensures that the object or intent of the rule will be accomplished.

(d) The department shall not approve any request for a waiver of any of the provisions relevant to state or federal law or any rules of other state agencies, which are referred to in this rule.

(e) A waiver request shall be denied when any of the following occurs:

(1) The department finds that approval of the requested waiver will jeopardize the health or safety of children;

(2) The department finds that approval of the requested waiver will impair the program’s or provider’s ability to adequately care for children; or

(3) The department finds that approval of the requested waiver will impair the operations of the program.

(f) A waiver shall be granted in writing for the duration of time requested in (a)(3) above, from the date the waiver was granted.

Source. #13066, eff 7-1-20

PART He-C 6919 – RESERVED

PART He-C 6920 CRIMINAL RECORDS AND CENTRAL REGISTRY CHECK FOR LICENSE-EXEMPT CHILD CARE PROVIDERS

Statutory Authority: RSA 170-E:7

He-C 6920.01 Purpose. The purpose of this part is to describe the procedures and requirements used by the department of health and human services (department) to conduct and act on criminal records and central registry checks for license-exempt child care providers, pursuant to RSA 170-E:3-a and RSA 170-E:7, and to set forth the requirements for confidentiality of any information obtained during those procedures.

Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12; ss by #13401, eff 7-1-22; amd by EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

He-C 6920.02 Scope. This part shall apply to the individuals, programs, staff, and household members of all license-exempt child care providers listed in RSA 170-E:3, I(a) through (h) who have applied for or are receiving child care reimbursement from the state of New Hampshire (NH).

He-C 6920.03 Definitions.

(a) “Applicant” means an individual or child care provider who applies for authorization to be reimbursed by the state of NH as an enrolled child care provider as described in (j) below and in accordance with He-C 6910.

(b) “Assistance group” mean the individuals who are residing in the same household whose needs

and income are considered and combined together when determining eligibility and the amount of assistance for child care.

(c) “Authorized representative” means the person who is designated or authorized by a child care provider to act on behalf of that provider in matters related to billing the department for child care services provided and is not the parent of a child in the provider’s care who is receiving child care scholarship.

(d) “Background check” means the process of conducting central registry and criminal records searches pursuant to RSA 170-E:3-a and RSA 170-E:7.

(e) “Caretaker relative” means a relative, who is not the biological parent of a child, but is providing care and supervision of the child in the assistance group.

(f) “Central registry” means the state registry of founded reports of child abuse and neglect as established and defined under RSA 169-C:35.

(g) “Child care” means the act of providing supervision, food, activity, and rest for a child for a period less than 24 hours per day, in order to assist a parent, caretaker relative, or legal guardian in preparing for, securing, or maintaining employment or employment-related education or training apart from the child’s parent, caretaker relative, foster parent, or legal guardian.

(h) “Child care reimbursement” means the receipt of state funds by a provider of child care services on behalf of a family which meets the eligibility criteria of He-C 6910.

(i) “Criminal records” means information relative to conviction for felonies, misdemeanors, or violations maintained by the New Hampshire department of safety, division of state police as provided for under RSA 106-B:14 and information relative to criminal convictions maintained in the Federal Bureau of Investigation fingerprint database.

(j) “Enrollment” means that a child care provider has met the requirements in He-C 6914.04 and is authorized to receive payment for services from the department.

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

(l) “Household member” means any individual, regardless of relationship, who lives with a private home provider.

(m) “Legal guardian” means an individual, who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of a child.

(n) “License-exempt facility-based program” means a license-exempt child care provider pursuant to RSA 170-E:3, I(f) and (g) that is enrolled as a child care provider pursuant to He-C 6914.

(o) “License-exempt in-home home provider” means an individual who is:

(1) Providing child care services in a private home;

(2) Exempt from licensure pursuant to RSA 170-E:3(h); and

(3) Either a relative provider or a friend or neighbor provider.

(p) “NH Connections Information System” means an online portal for child care staff to access professional development opportunities, complete background record checks, and allow child care program directors to manage staff requirements and respond to program monitoring results.

(q) “Parent” means an individual who has a birth, adoptive, or stepparent relationship to a child or children, a foster parent as defined in (k) above, a legal guardian as defined in (m) above, or a caretaker relative as defined in (e) above.

(r) “Present threat” means that, based on the facts revealed in the background check or in the subsequent investigation, a reasonable person might conclude that the safety of children might be at risk.

(s) “Provider” means an individual or a public or private organization enrolled with the department in accordance with He-C 6910 to provide child care services to a family, which includes license-exempt in-home providers as defined in (o) above.

(t) “Regular contact” means a household member, staff member, or any other individual who might:

(1) Have access to the premises where child care is being provided; and

(2) Be present when there are children in child care.

(u) “Staff member” means any individual, whether paid, unpaid, or volunteer who is used to meet staff to child ratios or who will be alone with children and is providing child care for children at a facility-based program or who has regular contact with children in child care at the facility-based program in accordance with RSA 170-E.

(v) “Supporting documentation” means information that is submitted by the applicant, provider, staff member, or household member in order to demonstrate that the individual does not pose a present threat to the safety of children, which may include written and oral statements and interviews that relate to:

(1) The individual’s character;

(2) The circumstances of the behavior in question; or

(3) The specific act(s) under scrutiny.

Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12; ss by #13401, eff 7-1-22; amd by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

He-C 6920.04 Background Check Requirements.

(a) A background check shall be conducted in accordance with RSA 170-E:3-a and RSA 170-E:7 on any of the following individuals who will have regular contact with or provide care for children in a child care setting in a private home or facility-based program:

(1) The applicant or in-home provider;

(2) Each staff member employed by the facility-based program; and

(3) All household members residing with the applicant or in-home provider.

(b) Each individual listed in (a) above who is 18 years of age or older shall submit for a background record check in the “New Hampshire Connections Information System” (NHCIS) found at https://new-hampshire.my.site.com/nhccis/s/login, as follows:

(1) At the time of an applicant’s initial request for enrollment in accordance with He-C 6914;

(2) For facility-based programs, prior to the first day of employment for any new staff member;

(3) For in-home providers, prior to the first day that:

a. A new household member moves into the home; and

b. A previous household member returns to the home;

(4) For in-home providers, within 30 calendars days that a current household member turns 18 years of age; and

(5) Once every 5 years in order to maintain enrollment.

(c) Pursuant to RSA 170-E:7, IV-b, individuals exempt in accordance with (a) above shall have on file at the program, a statement from the individual stating since the day the individual’s background check was completed, that the individual:

(1) Has not been convicted of any crimes; and

(2) Has not had a finding by the department or any administrative agency in this or any other state for abuse, neglect, or exploitation.

(d) The department shall make a determination regarding the individual’s eligibility in accordance with RSA 170-E:7, III and IV and notify the provider and individual within 45 days of submission of all required information as required in this section and RSA 170-E:7.

(e) When the department receives the results of the fingerprint-based criminal background check for an individual that does not include any disqualifying information as described in RSA 170-E:7, III and IV, it shall notify the provider that the individual may be present in the program, provided the individual is never alone with children and always under the direct supervision and observation of a staff member whom the department has deemed eligible. This direct supervision and observation shall continue until the department receives all results from the background check required in RSA 170-E:7 and notifies the provider and individual as described in (d) above.

(f) When the department determines that an individual is ineligible to work in child care, in accordance with RSA 170-E:7, III or IV, it shall provide notice to the individual that includes:

(1) The department’s determination of ineligibility;

(2) The basis for the determination; and

(3) The individual’s right to challenge the individual’s criminal record pursuant to Saf-C 5703.12.

(g) When the department determines that an individual is ineligible to work in child care, in accordance with RSA 170-E:7, III or IV, it shall provide notice to the provider that:

(1) The department determined the individual to be ineligible to work in child care; and

(2) The provider shall take immediate action to prohibit the individual from being on the premises of the child care program and from having access to the children enrolled in the program.

(h) The provider shall inform the department in writing within 2 business days of receipt of the notice sent in (g) above of the specific action it has taken as required under (g)(2) above.

(i) Any individual who has been separated from employment from a child care provider within the state for a period of 180 consecutive days or more, shall be required to submit a new criminal background check prior to employment or submitting an application seeking enrollment, as described in (b) above pursuant to RSA 170-E:7, II-a (b).

(j) If the results of the background check are not received by the department due to the applicant’s or provider’s failure to complete the process described in He-C 6920.04(a) and (b) above, the application for initial enrollment or renewal of enrollment shall be denied, and the payments to the provider shall be withheld in accordance with He-C 6920.08.

(k) Individuals required to complete background record checks as specified in (a) above shall not have access to children or be on the premises of the child care facility, the in-home provider’s home, or the child’s home, if care is provided there, during the hours of child care until the provider receives notice of eligibility to work pursuant to RSA 170-E:7, III from the department.

He-C 6920.05 Procedure When a Criminal Conviction or Central Registry History Exists.

(a) When an applicant’s background check includes a disqualifying crime pursuant to RSA 170-E:7, III, the applicant will not be authorized to receive payment for services from the department pursuant to RSA 170-E:7, III(a).

(b) When an applicant’s background check indicates a conviction or finding in accordance with RSA 170-E:7, IV, the applicant shall receive written notification of the following:

(1) The results of the background check;

(2) A request that the applicant submit supporting documentation within 10 calendar days of the dae of receipt of the notification;

(3) Information that the department shall review the supporting documentation submitted and shall conduct an investigation in accordance with He-C 6920.07 in order to make a determination on the application;

(4) Information that failure to submit supporting documentation as described in (2) above shall result in denial of the application;

(5) Information that if the investigation indicates that the applicant poses a present threat to the safety of children, then the application shall be denied; and

(6) Information that the applicant may appeal the department’s decision on the application in accordance with He-C 6920.10.

(c) When an in-home provider’s background check at subsequent background checks, as required in He-C 6920.04(b)(5), indicates a conviction or finding in accordance with RSA 170-E:7, IV, the provider shall receive written notification of the following:

(1) The results of the background check;

(2) That payments to the in-home provider shall be withheld until an investigation is completed in accordance with He-C 6920.07;

(3) A request that the in-home provider submit supporting documentation within 10 calendar days of the date of receipt of the notification;

(4) Information that the department shall review the supporting documentation submitted and conduct an investigation in order to make a determination as follows:

a. That if the individual poses a present threat to the safety of children, then the department shall revoke their enrollment in accordance with He-C 6920.08; or

b. That if the individual does not pose a present threat to the safety of children, then the department shall reinstate payments;

(5) Information that failure to submit supporting documentation as described in (3) above shall result in revocation of the enrollment; and

(6) Information that the in-home provider may appeal the revocation in accordance with He-C 6920.10.

(d) When a facility-based program staff member is working and the staff member’s background check indicates a conviction or finding in accordance with RSA 170-E:7, IV, the authorized representative shall receive written notification as follows:

(1) The background check reveals a conviction or finding;

(2) The authorized representative shall submit a corrective action plan in accordance with He-C 6920.06; and

(3) The facility-based program shall temporarily suspend the staff member pending the outcome of the investigation unless a corrective action plan has been approved by the department in accordance with He-C 6920.06.

(e) When a background check of a household member who shall be present at the residence while there are children in care indicates a conviction or finding in accordance with RSA 170-E:7, IV, written notification shall be sent as follows:

(1) The applicant shall be notified that:

a. The background check indicates a conviction or finding as described in (a) above;

b. Supporting documentation showing that the household member does not pose a present threat to the safety of children shall be submitted within 10 calendar days of the date of receipt of the notification by the following:

1. The household member, if over the age of 18; or

2. The parent or legal guardian, if the household member is under the age of 18;

c. Failure to submit the supporting documentation in b. above shall result in the denial of application; and

d. The applicant may appeal the decision to deny the application in accordance with He-C 6920.10;

(2) The in-home provider shall be notified that:

a. The background check indicates that the household member has a conviction or finding as described in (a) above;

b. The in-home provider shall submit a corrective action plan as described in He-C 6920.06;

c. Supporting documentation showing that the household member does not pose a present threat to the safety of children shall be submitted within 10 calendar days of the date of receipt of the notification by:

1. The household member, if over the age of 18; or

2. The parent or legal guardian, if the household member is under the age of 18;

d. Payments shall be withheld pending the investigation;

e. Failure to submit a corrective action plan as described in b. above shall result in revocation of the enrollment in accordance with He-C 6920.08;

f. Failure to submit supporting documentation as described in c. above shall result in revocation of the enrollment in accordance with He-C 6920.08; and

g. The in-home provider may appeal the decision to revoke the enrollment in accordance with He-C 6920.10; and

(3) The household member or parent or legal guardian, as applicable, shall be notified:

a. Of the results of the background check; and

b. That the individual shall submit supporting documentation that they do not pose a present threat to the safety of children within 10 calendar days of the notice in (1) or (2) above.

(f) If the staff member or household member does not submit supporting documentation as described in (c), (d), or (e) above, then the department shall:

(1) Notify the applicant, in-home provider, or facility-based program that the respective staff member or household member is not cooperating with the investigation; and

(2) Notify the in-home provider and facility-based program that if the supporting documentation is not received within 2 business days of the date of receipt of the notice, then child care payments shall be withheld until the information is received.

(g) If the time limit in (f)(2) for receipt of information has been exhausted, then payment to the in-home provider or facility-based program shall be withheld until one of the following is met:

(1) The supporting documentation requested is submitted, the investigation is completed, and the result of the investigation shows that the staff member or household member does not pose a present threat to the safety of children;

(2) The facility-based program submits supporting documentation that the staff member is no longer affiliated with the facility-based program, such as, but not limited to:

a. Staff records which indicate that the staff member has not been in attendance;

b. A copy of the termination letter from the provider to the staff member;

c. A copy of the resignation letter from the staff member; or

d. A signed and dated statement from the authorized representative that the staff member is no longer affiliated with the facility-based program; or

(3) For in-home providers, a signed and dated statement from the in-home provider that confirms that the household member shall not:

a. Be on the premises when there are children in child care; and

b. Have any contact with the children in child care.

He-C 6920.06 Corrective Action Plans.

(a) A corrective action plan shall be submitted within the following timeframes:

(1) For applicants, the corrective action plan shall be submitted to the department within 10 days of receipt of notification of the results of an investigation in He-C 6920.07 that finds that a staff member or household member poses a present threat to the safety of the children in child care; or

(2) For in-home providers and facility-based programs, the corrective action plan shall be submitted to the department within 2 business days of receipt of notification in He-C 6920.05.

(b) Corrective action plans shall meet the following requirements:

(1) For in-home providers, corrective action plans shall indicate that the household member:

a. Shall not be on the premises during the hours that the provider is providing child care; and

b. Shall not have contact with the children in child care;

(2) For facility-based providers, corrective action plans shall:

a. Indicate that the staff member is no longer affiliated with the facility-based program and describe the steps that the applicant or facility-based program intends to take to ensure that the staff member:

1. Shall not be on the premises during the hours of child care; and

2. Shall not have contact with the children in child care; or

b. Include plans for the direct supervision of the staff member and other proposed measures designed to ensure the safety of children; and

(3) For both (1) and (2) above, corrective action plans shall include an immediate implementation date for the actions identified.

(c) The department shall reject a corrective action plan submitted by a provider or applicant when the plan fails to meet the applicable standards established in (b) above.

(d) The applicant, in-home provider, or facility-based program shall submit documentation that confirms the corrective action plan described in (b) above has been implemented, including but not limited to:

(1) Staff records which indicate that the staff member has not been in attendance;

(2) A copy of the termination letter from the facility-based program to the staff member;

(3) A copy of the resignation letter from the staff member;

(4) A signed and dated statement from the facility-based program confirming that the staff member is no longer affiliated with the program;

(5) A signed and dated statement from the in-home provider or facility-based program that the staff member or household member shall not be on the premises when there are children in child care and shall not have contact with the children in child care; or

(6) A signed and dated statement from the applicant, in-home provider, or facility-based program that the proposed measures described in the corrective action plan, and as agreed upon with the department, have been implemented.

(e) An applicant’s or provider’s failure to submit a corrective action plan or to comply with a corrective action plan shall result in:

(1) The denial of the application for enrollment as described in He-C 6920.08; or

(2) The revocation of the provider’s enrollment as described in He-C 6920.08.

Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12 (from He-C 6920.09); ss by #13401, eff 7-1-22; amd by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

He-C 6920.07 Investigations.

(a) The department shall conduct an investigation when the individual has a:

(1) Conviction of fraud in this or any other state by a court of law;

(2) Conviction of any crime as referenced in RSA 170-E:7, IV; or

(3) Complaint of abuse, neglect, or exploitation substantiated by the department or in any other state.

(b) During the course of the investigation, each individual for whom a background check reveals criminal convictions or a history of founded abuse or neglect shall have the opportunity to present supporting documentation in accordance with RSA 170-E:7, IV and as described in (c) below.

(c) The applicant, in-home provider, facility-based program staff member, or household member with the conviction or finding, may submit to the department any supporting documentation that states how the individual does not pose a present threat to the safety of children from mental health professionals, physicians, law enforcement professionals, or any other professional who can attest as such.

(d) Upon receipt of the supporting documentation described in (c) above, the department shall conduct an investigation to determine whether the individual poses a present threat to the safety of children in child care by reviewing the following factors:

(1) The seriousness of the incident(s) or conviction(s) in relation the individual’s child care responsibilities;

(2) The relationship of the criminal act to the provision of child care;

(3) The number of incidents or convictions;

(4) The age of the individual at the time of the incident(s) or conviction(s);

(5) The amount of time since the occurrence of the incident(s) or conviction(s); and

(6) Any attempts made by the individual to correct the behavior, including but not limited to counseling related to the incident.

(e) If the facts indicate that the individual does not pose a present threat to the safety of the children in child care, then the department shall:

(1) Approve the application, if the applicant is otherwise eligible;

(2) Renew the in-home provider’s or facility-based program’s enrollment, if the in-home provider or facility-based program is otherwise eligible; or

(3) Reinstate the in-home provider’s or facility-based program’s child care payments if previously withheld.

(f) If the facts indicate that the applicant or in-home provider poses a present threat to the safety of the children in child care, then the application shall be denied and the enrollment shall be revoked.

(g) When the facts indicate that the individual poses a present threat to the safety of the children in child care, the application shall be denied or an enrollment shall be revoked if the applicant, in-home provider, or facility-based program does not submit a corrective action plan and:

(1) The in-home provider does not remove the household member from the home; or

(2) The facility-based program does not remove the staff member from the program.

(h) The applicant, in-home provider, or facility-based program shall submit proof of the removal of an individual who poses a present threat to the safety of children within 2 business days from the date of the receipt of notification in (j) below, or the application shall be denied or the revocation of the enrollment shall take effect.

(i) The applicant or provider may appeal the denial of the initial or renewal application or the revocation of the enrollment in accordance with He-C 6920.10.

(j) The applicant or provider shall receive written notification of the information contained in (f) and (g) above.

Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12 (from He-C 6920.10); ss by #13401, eff 7-1-22; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

He-C 6920.08 Denial of Application, Non-Renewal of Enrollment, Withholding of Payments, and Revocation of Enrollment.

(a) An application for enrollment shall be denied as a result of a background check when:

(1) Information regarding the criminal records or central registry history is not received by the department as required by He-C 6920.04;

(2) The applicant, staff member, or household member fails to submit supporting documentation within 10 days of the receipt of written notification requesting this information in accordance with He-C 6920.05; or

(3) The investigation conducted by the department on the applicant in accordance with He-C 6920.07 reveals that the applicant, staff member, or household member poses a present threat to the safety of children.

(b) A provider’s enrollment shall not be renewed as a result of a background check when:

(1) Information regarding the criminal records or central registry history is not received by the department due to the failure of the provider to submit the information as required by He-C 6920.04;

(2) The provider, staff member, or household member fails to submit supporting documentation within 10 days of the receipt of notification requesting this information in accordance with He-C 6920.05; or

(3) The investigation conducted by the department in accordance with He-C 6920.07 reveals that the provider, staff member, or household member poses a present threat to the safety of children.

(1) Information regarding the criminal records or central registry history is not received by the department due to the failure of the in-home provider, household member, or facility-based program staff member to submit the information as required by He-C 6920.04;

(2) The background check reveals that the in-home provider, a household member, or a facility-based program staff member has a criminal history, or a history of founded abuse or neglect as described in He-C 6920.04; or

(3) An in-home provider, a household member, or a facility-based program staff member fails to submit supporting documentation in accordance with He-C 6920.05.

(d) The withholding of payments shall continue until a decision is reached by the department after:

(1) The background check for the provider, staff member, or household member is completed in accordance with He-C 6920.04 and if required, supporting documentation as described in He-C 6920.07(c) is submitted;

(2) The investigation is completed and indicates that the provider, staff member, or household member does not pose a present threat to the safety of children;

(3) The staff member submits supporting documentation as described in He-C 6920.07(c);

(4) The staff member is no longer employed by the facility-based program; or

(5) The household member, or if the household member is under the age of 18, the parent or legal guardian, provides supporting documentation as described in He-C 6920.07(c) or no longer resides at the home of the in-home provider.

(e) Revocation of a provider’s enrollment shall occur when the results of an investigation find that the provider poses as a present threat to the safety of children in child care, or a staff member or household member has been identified to pose a present threat to the safety of children in child care, and:

(1) The staff member or household member, or parent or legal guardian if the household member is under the age of 18, has failed to submit supporting documentation to the department within the required timeframes identified in these rules; or

(2) The provider has:

a. Not completed the corrective action plan in accordance with the timeframes identified in He-C 6920.06; or

b. Failed to implement or comply with an approved corrective action plan.

(f) The applicant or provider shall be sent written notification by certified mail regarding the denial or revocation of the enrollment or if payment will be withheld.

(g) The notification shall:

(1) Inform the applicant of the denial of the application;

(2) Inform the provider that payments shall be withheld or the revocation of enrollment shall be effective 10 business days from the date of the receipt of the notification;

(3) Include the reason(s) for the denial, revocation, or withheld payments; and

(4) Include the applicant’s or provider’s right to appeal in accordance with He-C 6920.10.

(h) Any parent, caretaker relative, or legal guardian eligible under He-C 6910 who is utilizing the child care services of a provider whose enrollment has been revoked or denied due to the results of a background check or an investigation, shall be notified via certified mail of the following:

(1) That the provider does not meet the minimum requirements to operate as a license-exempt child care provider;

(2) The department shall deny child care reimbursement to the provider;

(3) That information obtained by the department from or about the provider is confidential and cannot be made available for review;

(4) That the provider shall no longer provide child care and that the parent, caretaker relative, or legal guardian shall need to seek other child care arrangements; and

(5) Information regarding the New Hampshire Child Care Search portal, found on the “New Hampshire Connections Information System” to assist parents in finding a new child care provider.

Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12 (from He-C 6920.11); ss by #13401, eff 7-1-22; amd by EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

He-C 6920.09 Confidentiality of Records and Release of Information. Information submitted by the provider, staff members, or household members during the enrollment process, and all records regarding the facts that have been obtained by the department during the investigation, shall be kept confidential, except by court order to release the information or for the purpose of conducting an adjudicative proceeding.

Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12 (from He-C 6920.12); ss by #13401, eff 7-1-22; amd by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

He-C 6920.10 Appeals.

(a) An applicant or provider may appeal a decision made by the department within 10 business days of the receipt of the notification when:

(1) The application for enrollment has been denied;

(2) Payments have been withheld; or

(3) Enrollment has been revoked or not renewed.

(b) The request for an appeal shall be made in accordance with He-C 200.

Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12 (from He-C 6920.13); ss by #13401, eff 7-1-22 and by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35

APPENDIX

Rule	Specific State or Federal Statutes or Regulations the Rule Implements
He-C 6910.01	RSA 161:2, XII; RSA 167:83, I(b); RSA 167:83, II(o)
He-C 6910.02	RSA 167:77, V(e)
He-C 6910.03	RSA 161:2, XII; RSA 167:58, IV; RSA 167:83, I(b); RSA 167:83, II(o); RSA 167:84; RSA 170-E:3; RSA 170-E:6-a
He-C 6910.04	RSA 167:79, III(d)–(g); RSA 167:83, II(o)
He-C 6910.05	RSA 161:2, XII; RSA 167:80, IV(b) and (i); RSA 167:83, II(o)
He-C 6910.06	RSA 167:83, II(c) and (o)
He-C 6910.07	RSA 161:2, XII; RSA 167:80, IV(b) and (i); RSA 167:82, VI; RSA 167:83, II(o),(q)
He-C 6910.08	RSA 167:7, VI; RSA 167:85; RSA 167:88; RSA 167:90; RSA 167:91
He-C 6910.09	RSA 167:83, II(c) and (o); 45 CFR 98.20(a)(2)(ii)
He-C 6910.10	RSA 167:79, V(b); RSA 167:83, II, (c),(e),(m)
He-C 6910.11	RSA 167:83, II(b); RSA 167:83, III(h)
He-C 6910.12	RSA 161:2, XII; RSA 167:83, II
He-C 6910.13	RSA 167:83, II(o)
He-C 6910.14	RSA 167:83, II(c) and (o)
He-C 6910.15	RSA 161:2, XII; RSA 167:83, II
He-C 6910.16	RSA 161:2, XII; RSA 167:83, II
He-C 6910.17	RSA 167:83, II(o); 45 CFR 98.45
He-C 6910.18	RSA 161:2, XII; RSA 167:83, II(o); RSA 167:83, III(g); RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:12
He-C 6910.19	RSA 167:83, II(a); RSA 541-A:31, I and II
He-C 6910.20	RSA 170-E:11, I(m)

He-C 6912.01	RSA 161:2, RSA 167:83, I(b); and RSA 170-G:4, II, III
He-C 6912.02	RSA 161:2, RSA 167:83, I(b); and RSA 170-G:4, II, III
He-C 6912.03	RSA 161:2, RSA 167:83, I(b); and RSA 170-G:4, II, III
He-C 6912.04	RSA 161:2, RSA 167:83, I(b); and RSA 170-G:4, II, III
He-C 6912.05	RSA 161:2, RSA 167:83, I(c); and RSA 170-G:4, III, VI
He-C 6912.06	RSA 161:2, XII ; RSA 167:83, II(o); RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, XVIII; and RSA 170-G:5
He-C 6912.07	RSA 161:2, XII ; RSA 167:83, II(a), (o); RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, VIII, XVIII; RSA 170-G:5; and RSA 541-A:31, I and II
He-C 6912.08	RSA 170-E:11; RSA 170-G:4, XVIII; and RSA 170-G:5
He-C 6912.09	RSA 161:2, RSA 167:83, I(b); and RSA 170-G:4, II, III
He-C 6912.10	RSA 161:2, RSA 167:83, I(c); and RSA 170-G:4, III, VI
He-C 6912.11	RSA 161:2, XII ; RSA 167:83, II(o); RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, XVIII; and RSA 170-G:5
He-C 6912.12	RSA 161:2, XII ; RSA 167:83, II(a), (o); RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, VIII, XVIII; RSA 170-G:5; and RSA 541-A:31, I and II;
He-C 6912.13	RSA 170-E:11; RSA 170-G:4, XVIII; and RSA 170-G:5
He-C 6912.14	RSA 161:2, XV; RSA 167:17-b, I(a); RSA 167:17-c; RSA 167:58, IV; RSA 167:61-a, I(a)-(c) and (e); RSA 167:83, II(k); RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, XVIII; and RSA 170-G:5
He-C 6912.15	RSA 161:2, XII; and RSA 170-G:4, II, III
He-C 6912.16	RSA 161:2, XII; and RSA 170-G:4, XVII
He-C 6912.17	RSA 167:83, II(a); RSA 170-E:11; RSA 170-G:4, VIII; RSA 170-G:4, XVIII; RSA 170-G:5; and RSA 541-A:31, I and II
He-C 6912.18	RSA 167:83, II(a)
He-C 6912.19	RSA 170-E:11, II; RSA 170-G:8-a
He-C 6912.20	RSA 170-E:11, I (m)

He-C 6914.01	RSA 161:2, XII; RSA 170-E:11; RSA 170-G:4, XVIII; RSA 170-G:5
He-C 6914.02	RSA 161:2, XII; RSA 167:83, II(o); RSA 170-E:11; RSA 170-G:4, XVIII; RSA 170-G:5
He-C 6914.03	RSA 161:2, XII; RSA 167:58, IV; RSA 170-G:4, XVIII; RSA 170-G:5
He-C 6914.04	RSA 161:2, XII; RSA 167:83, II(a)-(o); RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, VIII, and XVIII; RSA 170-G:5; RSA 541-A:31, I and II
He-C 6914.05	RSA 161:2, XII; RSA 167:83, II(a), (o); RSA 170-E:3-a; RSA 170-E:4, II; RSA 170-E:7; RSA 170-E:11; RSA 170-E:12; RSA 170-G:4, VIII, and XVIII; RSA 170-G:5; RSA 541-A:31, I and II
He-C 6914.06	RSA 170-E:11; RSA 170-G:4, XVIII; RSA 170-G:5
He-C 6914.07	RSA 161:2, XV; RSA 167:17-b, I(a); RSA 167:17-c; RSA 167:58, IV; RSA 167:61-a, I(a)-(c) and (e); RSA 167:83, II(k); RSA 170-E:7; RSA 170-E:11;RSA 170-E:12; RSA 170-G:4, XVIII; RSA 170-G:5
He-C 6914.08	RSA 167:83, II(a); RSA 170-E:11; RSA 170-G:4, VIII; RSA 170-G:4, XVIII; RSA 170-G:5; and RSA 541-A:31, I and II
He-C 6914.09	RSA 167:83, II(a)
He-C 6914.10	RSA 170-E:11, II; RSA 170-G:8-a
He-C 6914.11	RSA 170-E:11, I (m)
He-C 6915 - Reserved
He-C 6916	RSA 161:2, XII; RSA 161:4-a, III; RSA 170-E:3, I(f) and (g); RSA 170-E:6-a; RSA 170-E:10-a; RSA 170-E:11; RSA 170-G:4, XVIII; RSA 170-G:5; 45 CFR 98.41; and 45 CFR 98.42
He-C 6917	RSA 161:2, XII; RSA 161:4-a, III; RSA 170-E:3, I(c) & (h); RSA 170-E:6-a; RSA 170-E:10-a; RSA 170-E:11; RSA 170-G:4, XVIII; RSA 170-G:5; 16 CFR 1219; 16 CFR 1220; 45 CFR 98.41; and 45 CFR 98.42
He-C 6918.01	RSA 167:77
He-C 6918.02	RSA 161:2, XII; and RSA 167:83, I(b)
He-C 6918.03	RSA 167:83, I(b)
He-C 6918.04	RSA 167:83, II(o); and 45 CFR 98
He-C 6918.05	RSA 161:2, XII; and RSA 167:83, II; and 45 CFR 98
He-C 6918.06	RSA 161:2, XV; RSA 167:17-b, I(a); RSA 167:17-c;
He-C 6918.07	RSA 161:2, XII; RSA 167:83, II(a); and RSA 170-G:4,a.
He-C 6918.08	RSA 167:83, II(i); RSA 167:17-b, I(a); RSA 167:17-c; RSA 167:58, IV; RSA 167:61-a, I(a)-(c), and (e); RSA 167:83, II(k); RSA 170-E:7; and RSA 170-E:12, V
He-C 6918.09	RSA 170-E:11, II; and RSA 170-G:8-a
He-C 6918.10	RSA 170-E:11, I (m)

He-C 6920.01	RSA 170-E:3-a; RSA 170-E:7
He-C 6920.02	RSA 170-E:3, I (a) – (h)
He-C 6920.03-He-C 6920.10	RSA 170-E:3-a; RSA 170-E:7

NAME OF CHILD CARE PROGRAM/PROVIDER: DATE OF CHILD’S ENROLLMENT:

PROVIDER #: RID #:

TO THE PARENT OR GUARDIAN: This form must be completed for each of your children who will be enrolled in the program, and must be updated whenever information changes.

Child’s full legal name:

Child’s Date of birth:

IDENTIFYING INFORMATION OF PARENTS OR GUARDIANS LEGALLY RESPONSIBLE FOR CHILD:

Name:	Name:
Physical Address:	Physical Address:

Mailing Address (if different):	Mailing Address (if different):

Phone number:	Phone number:
Email:	Email:
Indicate where the parents/guardians above can be reached while the child is in care. Include name, address and phone number of business if applicable. Include any special instructions, for example cell phone, etc.
Business Name:	Business Name:
Address:	Address

Phone number: Hours:	Phone number: Hours:
Email:	Email:
Special Instructions for reaching parent/guardian:

EMERGENCY CONTACT PERSON: You (parent/guardian) are required to list at least one emergency contact person you feel comfortable leaving your child with, and who could pick your child up if you could not be reached immediately in an emergency, or if you could not pick up your child and were unable to communicate with the provider/program. For example, if your child is sick and provider/program is unable to reach you.

Name:	Name:
Relationship:	Relationship:
Address:	Address:

Phone number:	Phone number:

.NON-EMERGENCY ALTERNATE PICK-UP PERSON/S: I,

(Parent/Guardian Signature)

authorize the following individual(s) to pick up my child from the program on a non-emergency basis.

Name:	Name:
Relationship:	Relationship:
Address:	Address:

Phone number:	Phone number:

MEDICAL INFORMATION

Any chronic conditions, allergies or medications to be administered in the event of sudden illness or injury:

Child’s Physician: Phone number:

Physician’s Address:

EMERGENCY MEDICAL TREATMENT AUTHORIZATION

I hereby give permission for (name of provider/program) to provide first aid treatment to my child, when necessary. In the event of a more serious illness or injury, I give permission for my child to be transported to a hospital or other emergency medical facility to receive emergency medical treatment. I also authorize ambulance/rescue squad attendants to administer such treatment as is medically necessary, and I authorize licensed health practitioners working in the hospital or emergency medical facility to examine and provide emergency medical treatment to my child if warranted. I understand that I will be contacted by the provider or program staff as soon as possible regarding any emergency involving my child.

Parent/Guardian Signature

Date

ANNUAL UPDATE: Make necessary changes & initial & date below to verify that the information is current.

Parent/Guardian Initials: Date:	Parent/Guardian Initials: Date:
Parent/Guardian Initials: Date:	Parent/Guardian Initials: Date: