New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-C - Commissioner, Department of Health and Human Services
Chapter He-C 4000 - CHILD CARE LICENSING RULES
Part He-C 4001 - NH RESIDENTIAL CHILD CARE LICENSING RULES
Section He-C 4001.10 - Duties and Responsibilities of the Licensee

Universal Citation: NH Admin Rules He-C 4001.10

Current through Register No. 40, October 3, 2024

(a) The program shall abide by the provisions specified on the license.

(b) Program staff shall:

(1) Display a copy of the current license issued by the department in a prominent location in each building in which residents are housed; and

(2) Not alter the license issued by the department.

(d) Any licensee, program staff or other person involved with a program who has reason to suspect that a resident is being abused or neglected shall report the suspected abuse to DCYF at 1-800-894-5533.

(e) When direct care staff who are witness or party to any event that meets the mandated reporting requirement in RSA 169-C:29, the program shall provide opportunity and support to such staff to make the required report. Whenever possible, the staff directly involved or witness to the event shall make reports to the department, with assistance from administrative staff as needed to assure all necessary information is available to make a complete report.

(f) Program staff shall safeguard the confidentiality of all records and personal information regarding any resident.

(g) Applicants, licensees, and all program staff shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of residents under their care and all facts learned about residents and their families with the following exceptions:

(1) Program staff shall, upon request, make available to the department all records that programs are required by RSA 170-E or He-C 4001 to keep, and to such records as necessary for the department to determine staffing patterns and staff attendance; and

(2) Other than as specified in (g)(1) above, program staff shall release information regarding a specific resident only as directed by a parent of that resident, or upon receipt of written authorization to release such information, signed by that resident's parent, unless otherwise restricted by applicable state or federal law.

(h) Information collected by the department during the application process may be released:

(1) To the applicant, licensee or his or her designated representative;

(2) Upon receipt of written authorization by the applicant or licensee to release information; or

(3) To federal, state and local officials or the entities that provided reports.

(i) Except for law enforcement agencies or in an administrative proceeding against the applicant or licensee, the department shall keep confidential any information collected during an investigation, unless it receives an order from a court of competent jurisdiction ordering the release of specific information.

(j) Applicants, licensees, members of the board of directors or other governing body, program staff, child care interns, child care assistants, and volunteers shall cooperate with the department during all departmental visits authorized under RSA 170-E and He-C 4001.

(k) For the purposes of (j) above, cooperation shall include, but not be limited to not interfering with efforts by representatives of the department to:

(1) Enter the premises and complete an inspection;

(2) Document evidence or findings by taking written statements, and by photographing toys, equipment, and learning materials or conditions inside or outside residential child care space and other areas of the premises accessible to residents;

(3) Make an audio recording of conversations with individuals who have consented to the audio recording;

(4) Interview program staff, members of the board of directors, or other governing body, child care interns, child care assistants, volunteers, residents enrolled in the program, and any other individual whom the department determines might have information relevant to the issues being evaluated; and

(5) Review and reproduce any forms or reports which the applicant or licensee is required to maintain or make available to the department under He-C 4001.

(l) Administrators, other program staff, or other individuals shall not:

(1) Require or request that the individual being interviewed ask that another person be present for the interview;

(2) Attempt to influence the response of any individual being interviewed by signaling them during the interview, telling them what to say, or threatening them with retaliation for providing information to the department; or

(3) Require staff or residents who have been interviewed to provide statements to program administration regarding their interview.

(m) Any violation of (l) above or any attempt by or on behalf of program staff, administrators, or other individuals to prevent program staff, residents, or other individuals from responding to questions by the department, or from making a good faith report to the department regarding any concerns they have about the operation of the program relating to statutory or regulatory requirements shall be considered failure to cooperate with the department as specified in (j) and (k) above.

(n) Except for He-C 4001.12(a), all records and written policies required by He-C 4001 shall be maintained on file and shall be made promptly available on the premises of the program for review or be submitted to the department upon request as follows:

(1) For 2 years from the date the resident is discharged;

(2) For 2 years from the date of termination for records related to employees; and

(3) For all other records 2 years from the date the record was created.

(o) The exception to (n) above shall be when program staff shows good cause as to why the requested reports or records are not immediately available. In such case, the provider shall make the records available within 2 business days, or otherwise obtain an extension from the unit. Good cause shall include circumstances beyond the licensee's control or other extenuating circumstances.

(p) When the individual who has been identified and approved by the department as program director leaves the position, the licensee or designee shall:

(1) Notify the department of the departure of the program director within 10 days;

(2) Within 10 days of the departure of the director, notify the department of the name of the individual who is temporarily serving as the program director and who meets at least the minimum requirements of a direct care staff; and

(3) Within 120 days of the date of departure of the program director, notify the department and submit information and documentation required under He-C 4001.02(i) and (j) for the new, qualified program director.

#2664, eff 3-30-84, EXPIRED: 3-30-90

New. #8581, eff 4-20-06, EXPIRED: 4-20-06

New. #10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14

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