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 6400 - PROGRAM AND SERVICE INFORMATION
Part He-C 6446 - FOSTER FAMILY CARE LICENSING REQUIREMENTS
Section He-C 6446.26 - Orders to Comply and Immediate Removal of Children In Care

Universal Citation: NH Admin Rules He-C 6446.26

Current through Register No. 40, October 3, 2024

(a) The licensing agency shall issue a foster parent a written order to comply if the foster parent violates the foster family care licensing requirements in He-C 6446 and the violation is not related to the health, safety, or well-being of the child in care.

(b) The written order to comply shall:

(1) Specify each violation of He-C 6446;

(2) Advise that the foster parent has up to a maximum of 60 days from the date of the corrective action plan in (c) below to correct the violation(s);

(3) Specify the action that shall be taken with regard to the license if the foster parent fails to correct the violation(s) identified in the order to comply; and

(4) Be filed with the department's foster care program manager.

(c) Within 14 days of the date of the order to comply, the licensing agency and the foster parent shall jointly develop a corrective action plan to correct the violations.

(d) The foster parent shall not accept any additional children in care, children for respite care, or children in a pre-adoptive placement:

(1) After receiving an order to comply as specified in (c) above and prior to the development of a corrective action plan; or

(2) During an ongoing investigation of alleged child abuse or neglect.

(e) The licensing agency shall offer an opportunity for informal dispute resolution to any foster parent who disagrees with a violation cited by the licensing agency on an order to comply, provided that the foster parent submits a written request for an informal dispute resolution.

(f) The informal dispute resolution shall be requested in writing, and copied to DCYF, by the foster parent no later than 14 days from the date the order to comply was issued by the licensing agency.

(g) The licensing agency shall review the evidence presented and provide a written notice to the foster parent of its decision.

(h) An informal dispute resolution shall not be available for any foster parent against whom DCYF has initiated action to revoke a license or deny a renewal license.

(i) If any violations identified pose a present risk to the health, safety, or well-being of the child in care, the department shall immediately, and with any court approval required by law, remove the child in care from the foster home without issuing an order to comply.

(j) The department shall revoke the license or permit of the foster parents without issuing an order to comply if:

(1) There is a founded report of child abuse or neglect for a foster parent;

(2) There is a judicial finding of abuse or neglect made related to the foster parent; or

(3) A foster parent is convicted of a felony or other crimes pursuant to He-C 6456.29(b).

#7321, eff 7-22-00; ss by #8663, eff 6-16-06

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