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 6448 - CHILD-PLACING AGENCY LICENSING REQUIREMENTS
Section He-C 6448.25 - Orders to Comply

Universal Citation: NH Admin Rules He-C 6448.25

Current through Register No. 40, October 3, 2024

(a) The department shall issue a written order to comply if the child-placing agency violates the requirements in He-C 6448 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 the requirements of He-C 6448 alleged to have been violated by the child-placing agency;

(2) Advise that the child-placing agency has 60 days from the date of the order to comply to correct the violation(s); and

(3) Specify the action the department will take with regard to the license if the child-placing agency fails to correct the alleged violations specified in the order to comply.

(c) Following receipt of the order to comply, the child-placing agency shall jointly with the department develop a corrective action plan to correct the violations(s) .

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

(1) Prior to the development of a corrective action plan;

(2) After receiving an order to comply as specified in (c) above; or

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

(e) The department shall revoke the license or permit of the child-placing agency if the alleged violations specified in the order to comply are not corrected within 14 calendar days of the date of the order to comply following notice and an opportunity for a hearing as provided in He-C 200 and RSA 170-E:36.

(f) If the violations specified in the written notice present a risk to the health or safety of any child in care, the department shall immediately, with any court approval required by law, remove the child in care from the foster home or pre-adopt home without issuing an order to comply.

(g) If a report of child abuse or neglect has been founded against a foster or pre-adopt parent while the child was placed with the family, the department shall revoke a permit or license without issuing an order to comply, if the department's investigation finds that the child-placing agency:

(1) Had knowledge of the allegation and did not report it to the department in accordance with RSA 169-C;

(2) Did not take appropriate action to protect the health or safety of the child in care;

(3) Interferes or is uncooperative with the investigation; or

(4) Has violated the standards set forth in law or rule.

#7866, eff 4-2-03; ss by #9895, eff 4-2-11

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