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 4002 - NH CHILD CARE PROGRAM LICENSING RULES
Section He-C 4002.05 - Program Administration and License and Permit Requirements

Universal Citation: NH Admin Rules He-C 4002.05

Current through Register No. 40, October 3, 2024

(a) The program shall:

(1) Abide by the provisions specified on the license or permit; and

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

(b) Authorization to exceed the license capacity shall be granted only when the program requests and receives prior authorization from the department to temporarily exceed its license capacity as provided under (c) below.

(c) The department shall authorize a licensee to exceed its license capacity on a temporary basis for up to a maximum of 20 workdays in a calendar year, if the department finds that the approval will not result in:

(1) More than 4 children younger than 3 years of age being cared for at the same time in a family or family group child care home;

(2) More than 2 children younger than 24 months of age in a family child care home, without an additional family child care worker or family child care assistant present and assisting in the care of the children;

(3) More than 2 children over license capacity in a family or family group child care home;

(4) More than 4 children over license capacity in all other programs; or

(5) Health or safety risks to children.

(d) In center-based programs, the licensee shall employ an identified:

(1) Center director for center-based programs; or

(2) A site coordinator or site director for programs licensed solely as a school-age program.

(e) The center director, agency administrator, site coordinator, or site director referenced above shall meet the qualifications specified for their position in He-C 4002.35.

(f) When the center director, agency administrator, site coordinator, or site director on record with and approved by the department leaves the position, the licensee, permittee or his or her designee shall submit to the department:

(1) Written notice of the vacancy 5 business days prior to the vacancy occurring when known, or within 5 business days of the date of the vacancy; and

(2) The name and qualifications of the individual who will substitute in the role together with documentation that the individual accepted the position.

(g) Any individual assuming the role of center director or site director on a temporary basis who is not qualified for the position in accordance with He-C 4002.35 shall serve in that role for not more than 90 consecutive days.

(h) Not more than 90 consecutive days after the date the qualified center director or site director previously on record with and approved by the department leaves the position, the program shall:

(1) Replace that individual with a fully qualified center director or site director as specified; and

(2) Submit to the department information and documents for the new qualified center director or site director, including:

a. Name;

b. The effective hiring date;

c. Documentation of education and experience; and

d. All information required in He-C 4002.02(d)(1) and (h).

(i) When an agency administrator or site coordinator leaves his or her position, the program shall:

(1) Replace him or her with a new agency administrator or site coordinator within 90 days and submit information as specified in (h)(2) above; or

(2) Submit information in (h)(2) above for each center director or site director at each location if the agency administrator or site coordinator position will not be filled.

(j) In accordance with RSA 170-E:6-b, each licensee and permittee shall either maintain liability insurance or provide disclosure to parents that the program is uninsured.

(k) All documentation required by the department, whether maintained by the program in electronic or paper format, shall be complete, legible, and:

(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.

(l) The applicant, licensee, permittee, or any child care staff shall submit any reports or make available to the department any records or information required by the department for investigation, monitoring or licensing purposes within 2 business days of a written request from the department.

(m) The applicant, licensee, permittee, or any child care 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 4002.

(n) Applicants, licensees, permittees, and child care staff shall allow representatives of the department to:

(1) Enter and complete an inspection of the premises;

(2) Document evidence or findings through written records, audio recording of conversations or statements with individuals who have consented to the recording, and by photographing inside or outside child care space, other areas of the premises, toys, equipment, and learning materials;

(3) Interview child care staff, members of the board of directors or other governing body, or children in the program; and

(4) Review and or reproduce any forms or reports which the applicant, licensee, or permittee are required to maintain or make available to the department under He-C 4002.

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

(1) Require or request that the individual being interviewed by department staff ask that another person be present for or be recorded during the interview unless the individual being interviewed requests that another person be present with them;

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

(3) Require or request staff or children who have been interviewed by the department to provide statements to program administration or other staff regarding their interview; or

(4) Require or encourage parents to refuse granting permission for their child to be interviewed by representatives of the department.

(p) In accordance with RSA 170-E:3, IV, when licensed child day care entity ceases operating as a licensed program and continues to provide child care services as a legally licensed exempt provider, it shall notify the department of the date it ceased being licensed, return its license to the department, and notify the parent or legal guardian of all children in the program or who enroll in the program that it is no longer licensed by the department.

(q) A licensee who has an unplanned temporary closure shall notify the department of such closure as soon as practicable.

#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 (from He-C 4002.06)

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