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 6450 - EXPERIENTIAL/WILDERNESS FACILITY LICENSING REQUIREMENTS
Section He-C 6450.07 - Revocation, Suspension, or Denial of a License

Universal Citation: NH Admin Rules He-C 6450.07

Current through Register No. 40, October 3, 2024

(a) A license shall be revoked or denied if the applicant violates or does not meet the requirements for licensing in accordance with He-C 6450.

(b) Based on a site inspection or desk review of program documents, the license to the applicant shall be revoked, pursuant to RSA 541-A:30, II, if the applicant or experiential/wilderness facility:

(1) Is found by DCYF to have abused or neglected a child;

(2) Fails to comply with licensing requirements in accordance with He-C 6450;

(3) Furnishes false or misleading statements to DCYF, or is convicted of fraud or abuse in connection with a state funded program;

(4) Refuses to submit required documents to DCYF;

(5) Refuses to submit to an investigation by DCYF;

(6) Refuses to admit an authorized DCYF representative for the purpose of inspection;

(7) Demonstrates impairment of ability to care for juveniles as the result of intoxication, addiction to non-prescription drugs, or operating under the influence of non-prescription drugs;

(8) Continues to employ a person who is named in the central registry of child abuse and neglect reports or who has been convicted of a crime that poses a risk to children without taking corrective action;

(9) Commits any other act that jeopardizes, endangers, or otherwise harms the health, safety, or welfare of juveniles, whether or not served by the experiential/wilderness facility;

(10) Fails to maintain educational approval from the NH department of education, pursuant to RSA 186-C, Ed 1100, RSA 193, Ed 306, and He-C 6450.15(a) ;

(11) Fails to comply with the corrective action plan, pursuant to RSA 170-E:25 VI, jointly developed between DCYF and the applicant or provider;

(12) Retaliates against an employee, who in good faith reports, a suspected violation of the licensing rules He-C 6450; or

(13) Fails to meet or maintain financial or other resources for the care of youth regarding upkeep of the premises, staffing, medical services, clothing, education, and other essentials in the care, rearing, training, and placement needs of youth, so long as the lack of financial resources is not due primarily to delays in payment for care.

(c) Pursuant to RSA 541-A:30, III, the license shall be immediately suspended if the experiential/wilderness facility is in violation of the He-C 6450.07,(b) (5),(7),(8),or(9) .

(d) When DCYF determines that continued operation of the experiential/wilderness facility violates the requirements in He-C 6450 by jeopardizing the health, safety, or welfare of juveniles served by the experiential/wilderness facility, the department shall issue an order of closure immediately terminating the operation of the experiential/wilderness facility, pursuant to RSA 170-E:36, III.

(e) A experiential/wilderness facility whose license has been revoked or that has been denied issuance of a license shall not apply for a similar license within a 4 year period from the date of the revocation or refusal.

(f) Persons and/or courts responsible for the juvenile's placement at the experiential/wilderness facility shall be notified by DCYF by telephone or in writing when the license is revoked, suspended or not renewed.

#5916, eff 11-2-94, EXPIRED: 11-2-00

New. #7569, eff 10-1-01

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