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 4001.31 - Background Checks and Determination of Eligibility for Employment

Universal Citation: NH Admin Rules He-C 4001.31

Current through Register No. 40, October 3, 2024

(a) The applicant, program director, or his or her designee shall complete and submit to the child care licensing unit (CCLU) the "Staff and Household Member Form" (December 2020) certifying that:

"All information provided above is accurate.

I have not been convicted of a felony consisting of murder, child abuse or neglect, crimes against children (including pornography and trafficking), spousal abuse, rape or sexual assault, kidnapping, arson, physical assault or battery, or a drug related offense (in the last 5 years) or convicted of a violent misdemeanor committed as an adult against a child including child abuse, child endangerment, sexual assault or child pornography, or a crime which shows that I might be reasonably expected to pose a threat to a child, such as violent crime or sexually related crime against an adult.".

(b) The "Staff and Household Member Form" (December 2020) shall be submitted to the CCLU:

(1) Prior to the start date of any employee, volunteer, or other individual who will be working in the residential program licensed by CCLU;

(2) Within 5 days from when an individual who is a household member turns 18 years of age, other than residents admitted to the program;

(3) Prior to the day any individual age 10 and older becomes a household member, other than residents admitted to the program; or

(4) Three months before the 5- year anniversary date on which the current individual's state and federal criminal records checks were last completed.

(c) In accordance with RSA 170-E:29-a, for every individual 18 years of age or older submitted on "Staff and Household Member Form" (December 2020), the program shall ensure that the individual completes:

(1) A criminal history record check through the NH department of safety, criminal records unit, to include an electronic submission of fingerprints for a check Federal Bureau of Investigations file, with authorization for the release of the criminal history record check to the child care licensing unit, in accordance with the department of safety's policy and procedure;

(2) A completed and notarized Form CCLU 2 "NH Child Abuse and Neglect Central Registry Name Search Authorization" (eff 2020); and

(3) All forms and any required fees to complete registry checks in states or territories other than NH when the individual lives or has lived in any state other than NH, or a United States territory, within the previous 5 years.

(d) The only exception to (c) above shall be for individuals who have been determined eligible by the unit during the previous 5 year period and who have been employed or a household member in any New Hampshire licensed child care program within the 6 months prior to submission of the "Staff and Household Member Form" (December 2020).

(e) For every individual age 10 years through 17 years submitted on "Staff and Household Member Form" (December 2020), the program shall submit to CCLU:

(1) A completed and notarized Form CCLU 2 "NH Child Abuse and Neglect Central Registry Name Search Authorization" (eff 2020); and

(2) All forms and any required fees to complete registry checks when the individual has lived in any state other than NH, or a United States territory, within the previous 5 years.

(f) The only exception to (e) above shall be for individuals who completed the registry checks through the unit during the previous 5 year period and who have been employed or a household member in any New Hampshire licensed child care program within the 6 months prior to submission of the "Staff and Household Member Form" (December 2020).

(g) The program director and any direct care staff listed on the "Staff and Household Member Form" (December 2020), who do not have a current employment eligibility card shall submit to the department:

(1) A completed application Form CCLU 1-C "DHHS/Office of Legal Services, Child Care Licensing Unit Employment Eligibility Card Application" (11/2017); and

(2) A non-refundable $50.00 fee payable in cash, or if paid by check or money order, the exact amount of the fee made payable to the "Treasurer, State of New Hampshire".

(h) Upon receipt of the information requested in (g) above, the department shall assess the individual's eligibility for employment in accordance with RSA 170-E:29-a, V or VI, and if eligible, issue an employment eligibility card, which shall be valid for 5 years from the date of issuance.

(i) Once the employment eligibility card is issued, the individual shall reapply for the employment eligibility card as necessary to keep the card current while the individual works in the residential program.

(j) The following individuals shall be exempt from the requirement to obtain an eligibility card in (g) above:

(1) Applicants;

(2) Volunteers;

(3) A student participating in a work study program, internship, practicum, or attending college full time; and

(4) Employees determined eligible to work prior to the 2020 effective date of this rule, who remain employed by the same licensee at the time of submission of the "Household and Personnel Form" (2017) as required in (a) above.

(k) A copy of each individual's "Staff and Household Member Form" (December 2020) returned to the program by the unit, along with a copy of his or her non-expired child care employment eligibility card, as applicable, shall be on file at the program.

(l) If the department determines that an individual is ineligible, in accordance with RSA 170-E:29-a, V or VI, it shall provide notice to the individual that:

(1) The individual has been determined by the department to be ineligible;

(2) The basis for the determination that the individual is ineligible; and

(3) The individual's right to challenge his or her criminal record pursuant to Saf-C 5703.

(m) The department shall include in its notice under (e) above:

(1) The basis for the determination that the individual poses a risk; and

(2) The need for the residential child care program to inform the department in writing of the specific action it has taken as required under (e)(2) above.

(o) If the department determines that an individual is ineligible to work in child care, in accordance with RSA 170-E:29-a, V or VI, it shall provide notice to the residential child care program that:

(1) The individual has been determined by the department to be ineligible;

(2) The program shall take immediate action to prohibit the individual from being on the premises of the residential child care program and from having access to the residents admitted to the program; and

(3) The residential child care program shall inform the department in writing of the specific action it has taken as required under (2) above.

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