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 4003 - YOUTH RECREATION CAMPS
Section He-C 4003.15 - Sleeping Areas; Privacy Areas
Universal Citation: NH Admin Rules He-C 4003.15
Current through Register No. 40, October 3, 2024
(a) For purposes of this section, the following definitions shall apply:
(1) "Privacy area" means a designated private
or semi-private area at a camp, such as a room or other space that has
permanent or temporary side walls, in which campers or YRC staff are expected
to undress or change clothes. The term includes sleeping areas and changing
areas associated with showers or other bathing facilities, or with swimming,
boating, or other athletic facilities;
(2) "Session" means a period of time
established by the camp owner for which a camper is enrolled at a camp;
(3) "Sleeping area" means a tent,
cabin, room, or other designated private or semi-private area at a residence
camp in which a person is intended to sleep; and
(4) "Special needs camper" means a camper
who, for any physical, psychological, or developmental reason, has one or more
counselors assigned to work specifically with him or her.
(b) The YRC owner or designee shall develop a written policy to address transgender and gender non-conforming campers and staff, which may be as general or as specific as the YRC owner wants it to be.
(c) Subject to (d), below, no member of the YRC staff, including the director, counselors, activity leaders, instructors, health care providers, office personnel, managers, kitchen staff, and maintenance staff, shall enter a privacy area unless:
(1) The privacy area is a sleeping area to
which the YRC staff member is assigned;
(2) Such entry is necessary to protect the
health and safety of the occupants, such as in the case of a fire or a
situation requiring urgent medical attention; or
(3) The YRC staff member first announces his
or her intent to enter and proceeds only after the occupants give audible
approval.
(d) The provisions of (c), above, shall not apply to a camp attended by special needs campers if:
(1) The YRC staff member enters
the privacy area at the same time as the campers in order to assist a special
needs camper;
(2) The other campers
are aware of the YRC staff member's presence and have the opportunity to wait
until the YRC staff member departs to disrobe or are otherwise provided privacy
in which to disrobe; and
(3) The
camp has a written policy in place to ensure the safety of the campers in such
situations and specifically covers the policy in the training provided pursuant
to He-C
4003.12(c) .
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