Current through Register No. 40, October 3, 2024
(a) Any person or entity who intends to
operate a program shall create an account in "NH Connections" at or obtain an
application packet from the unit.
(b) All applicants for licensure shall
complete and submit an application by either applying online via the portal
described in (a) above or by submitting "Application for Family Child Care
Program" (April 2022) or "Application for Child Care Center" (April 2022) to
the department, which shall not be considered complete until the department
receives all of the information as specified in (d) below.
(c) Center based programs with multiple
buildings on the same or contiguous properties may apply for a single license
for those buildings provided that:
(1) The
buildings function as a single program;
(2) The buildings are in close proximity to
ensure that no street, road, or obstacle is present which would impede the safe
flow of individuals between the buildings;
(3) There is a means of communication between
the buildings, which allows the multiple buildings to function efficiently as a
single program;
(4) Staffing
requirements for center based agencies with multiple buildings are met as
specified in He-C 4002.35; and
(5) In each building, there are adequate
square footage and bathroom facilities for the number of children who will be
cared for, in accordance with
He-C
4002.22.
(d) Except as specified in (i) below, the
applicant shall submit to the department the following attachments with the
application:
(1) A "Child Care Personnel
Health Form" (11/2017) or an equivalent record of a health screening
documenting that the family child care provider, the center director, or site
director has had a physical examination and is able to work with children
completed no more than one year prior to the date the department receives the
application;
(2) A completed health
officer inspection form documenting that, within the 12 months immediately
preceding the date the department receives the application, the premises have
been inspected and approved by a local health officer, for operation as a
program;
(3) A New Hampshire fire
code compliance report documenting that, within the 12 months preceding the
date the application for licensure is received by the department, the premises
have been inspected for compliance with Saf-FMO 300 and Saf-C 6000, state fire
code by the local fire department or the state fire marshal's office, and
approved to operate as a program;
(4) Documentation from the applicable town or
city that the program has been granted zoning approval or that no zoning
approval is required;
(5)
Background check forms as specified in
He-C
4002.41 for:
a. The
owner or applicant;
b. All
household members age 10 years and older; and
c. The center director, agency administrator,
site director, or site coordinator as applicable; and
(6) A copy of any documents required by the
secretary of state regarding trade names, limited liability corporations, or
corporations, as applicable.
(e) For any family or family group child care
provider between 18 and 21 years of age, the agency shall submit documentation
that the individual meets the education requirements specified in
He-C
4002.34.
(f) For all center based programs, the agency
shall submit documentation that the center director, agency administrator, site
coordinator, or site director meets the education and experience requirements
for the applicable program type(s) as specified in
He-C
4002.35.
(g) All family child care providers, center
directors, agency administrators, site coordinators, and site directors shall
submit with the application documentation of the completion of the professional
development requirements listed in
He-C
4002.33(a).
(h) The documentation of education and
experience required under (e) through (g) above shall include:
(1) Copies of transcripts, certificates,
diplomas, a non-expired appropriate level credential issued by the NH
professional development system, or degrees as applicable; and
(2) A resume verification of previous
experience if such experience is required to meet the qualifications for the
position.
(i) In
accordance with RSA
170-E:6, school-age programs which are
operating in buildings in which public or private schools are currently located
shall not be required to submit the documentation required in (d)(2) through
(4) above.
(j) No less than 3
months prior to the expiration date of the current license, each licensee shall
submit to the department the following through the "NH Connections" portal at
or by using the forms below:
(1) A signed and
completed application "Application for Family Child Care Program" (April 2022)
or "Application for Child Care Center" (April 2022) for license renewal, in
accordance with He-C 4002.02;
(2) The application attachments specified in
(d)(2), (3), and (6) above;
(3) A
completed "Staff and Household List" (9/2018);
(4) The application attachments specified in
(d)(1) and (f) above, if there has been a new center director, agency
administrator, site coordinator or site director since the previous application
was filed and the department has not received the required information
regarding the change in director; and
(5) A diagram of the indoor and outdoor space
if changed since the previous application.
(k) Upon receipt of a complete license
application and inspection by department staff, the department shall:
(1) Issue a 6-month permit to the applicant
for a new license; or
(2) Issue a
3-year license to the applicant for a license renewal.
(l) The license issued in accordance with (k)
above shall reflect the maximum number of children approved by the local fire
inspector, health officer, and zoning officials, and in accordance with the
available floor space as measured by the department in accordance with
He-C
4002.22(e) and the number of
available toilets and sinks in accordance with
He-C
4002.22(d).
(m) In accordance with
RSA
541-A:30, I, an existing
license shall not expire until the department takes final action upon the
renewal application, provided a licensee submits a timely application in
accordance with this section.
(n)
The license or permit shall:
(1) Not be
transferable to a new owner or to a new location; and
(2) No longer be valid when:
a. The licensee or permittee has surrendered
a license or permit;
b. The license
has expired and a complete application form with attachments has not been
received by the department; or
c.
The license or permit has been revoked or suspended; and
1. The licensee or permittee did not request
an administrative hearing; or
2.
The licensee or permittee requested an administrative hearing and, following
that hearing, a decision was issued upholding the revocation or
suspension.
(o) The licensee or permittee shall submit an
application for revision:
(1) When he or she
wishes to add additional program types or change the type(s) of program for
which they are licensed or permitted; or
(2) Prior to moving to a new
location.
(p) A licensee
or permittee who wishes to increase his or her license capacity shall:
(1) Submit a written request to the
department;
(2) Obtain approvals
from the local fire inspector, health inspector, and zoning officials, when the
increase exceeds the limits established in the current approvals;
(3) Submit diagrams of indoor and outdoor
space if there have been changes in the child care space; and
(4) Not increase enrollment beyond the
current license capacity until the department issues the program a revised
license or permit or other written authorization by the department for the
increased license capacity.
(q) A licensee or permittee who discontinues
using a space for child care shall notify the department in writing within 5
business days of the change so that it can record the change in the file and
revise the license accordingly if necessary.
#2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by
#5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by
#7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by
#9310, eff 11-23-08
