Current through Register No. 40, October 3, 2024
(a) In addition to
the reasons for denial specified in
RSA
170-E:35, the department shall deny an
application for, or revoke a foster family care license or permit, if the
applicant is the subject of a founded report of child abuse or neglect in New
Hampshire or any other state, unless DCYF determines that the applicant does
not pose a present threat to the health, safety, or well-being of the
child(ren) and that the placement is in the best interest of the
child(ren).
(b) In addition to the
reasons for denial specified in
RSA
170-E:35 and in (a) above, the department
shall deny an initial or renewal application for a foster family care license
or permit if the applicant or household member 18 years of age or older:
(1) Has been convicted of a felony for child
abuse or neglect, spousal abuse, any crime against children, child pornography,
rape, sexual assault, or homicide, but not including other physical assault or
battery in accordance with 42 USC 671
(a)(20)(A)(i);
(2) Has been convicted of a felony for
physical assault, battery, or a drug-related offense, and that felony
conviction was committed within the past 5 years in accordance with
42 USC 671
(a)(20)(A)(ii); or
(3) Has been convicted of a violent or
sexually-related crime against a child or of a crime which shows that the
person might be reasonably expected to pose a threat to a child, such as a
violent crime or a sexually-related crime against an adult, pursuant to
RSA
170-E:29,
III.
(c) In addition to the reasons for denial
specified in RSA
170-E:35 and in (a) and (b) above, the
department shall deny an initial or renewal application for a foster family
care license or permit if the applicant:
(1)
Has a motor vehicle record or is the subject of a report from another source,
including a local law enforcement agency, which, following assessment, shows
that the applicant or household member might reasonably be expected to pose a
threat of harm to a child;
(2) Does
not fully comply with the foster family care licensing requirements in He-C
6446;
(3) Knowingly furnishes or
makes false or misleading statements or information, or omits information in
statements or submissions to the licensing agency;
(4) Had a foster family care license or
permit revoked; or
(5) From the
information provided pursuant to
He-C
6446.04 - 6446.12, presents a set of qualifications
which, DCYF determines, when taken as a whole, does not reflect and support the
purposes of foster family care, as established in
He-C
6446.02, and the "Foster Care Children's Bill of
Rights" codified in RSA
170-G:20-21.
(d) In addition to the reasons set forth in
(b) and (c) above and in
RSA
170-E:35, the department shall revoke a
license or permit for foster family care if a foster parent:
(1) Violates the provisions of the license or
permit;
(2) Refuses to submit or
make available the written reports required in these rules for licensing or
re-licensing in accordance with
He-C
6446.04 - 6446.12;
(3) Refuses or does not submit to a child
abuse and neglect report investigation;
(4) Refuses or does not admit authorized
personnel for the purpose of a child abuse and neglect report investigation,
home assessment, or pre-arranged visit;
(5) Does not provide and maintain a safe and
sanitary home in accordance with
RSA
170-E:35 and
He-C
6446.09;
(6) Does not maintain resources adequate for
the care of the child in care in accordance with
He-C
6446.04 and
He-C
6446.16;
(7) Substantially or repeatedly fails to work
cooperatively with DCYF staff, the parents of a child in care, or service
providers in implementing the child's case plans and permanency goals in
accordance with He-C 6446.17;
(8) Interferes with the reunification or
transition of the child in care into an alternative setting;
(9) Makes unfounded derogatory statements
with malicious intent about DCYF staff, child-placing agency staff, the family
of the child in care, other foster parents, or service providers; or
(10) From the information provided pursuant
to He-C
6446.04 - 6446.12 or conduct pursuant to
He-C
6446.16 - 6446.25, presents a set of qualifications
which, DCYF determines, when taken as a whole, does not reflect and support the
purposes of foster family care, as established in
He-C
6446.02, and the "Foster Care Children's Bill of
Rights" codified in RSA
170-G:20-21.
(e) In addition to the reasons set forth in
(b) and (c) above, the department shall revoke a license or permit if
violations identified are not corrected within 60 days of the date of the
corrective action plan in
He-C
6446.26(c).
(f) When the department revokes or denies an
initial or renewal license to operate a foster family home, denies or revokes a
permit, or denies a waiver request, the department shall, pursuant to
RSA
170-E:36, I, send to the
applicant, licensee, or permittee, by registered mail, a notice which sets
forth the particular reasons for the determination.
(g) Pursuant to
RSA
170-E:36, I, the denial or
revocation shall become final 10 days after receipt of the notice unless the
applicant, licensee, or permittee requests a hearing under
He-C
6446.29.
#7321, eff 7-22-00; ss by #8663, eff
6-16-06
