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 900 - CHILD RESTRAINT AND SECLUSION PRACTICES
Part He-C 901 - LIMITATIONS ON CHILD RESTRAINT AND SECLUSION PRACTICES
Section He-C 901.11 - Investigative Process

Universal Citation: NH Admin Rules He-C 901.11

Current through Register No. 40, October 3, 2024

(a) If a complaint is accepted, the investigator shall:

(1) For cases involving serious injury or death, determine whether the allegations shall be referred to law enforcement for investigation as mandated by RSA 169-C:29;

(2) For cases involving allegations of abuse and neglect, make reports as required under RSA 169-C:29;

(3) Contact individuals and examine records and other documents that are reasonably necessary to investigate whether any violation of RSA 126-U occurred;

(4) Review findings of facts from other investigative agencies, if applicable;

(5) Review any protective measures for the child that the facility or foster family home has put in place before or after the complaint; and

(6) If no protective measures have been put in place, require the facility or foster family home to develop procedures to protect the child.

(b) Once the investigator completes the investigation, he or she shall file a written report with the appropriate department program, as outlined in He-C 901.10, within 30 calendar days, including findings of fact, specifying the specific grounds, listed in RSA 126-U, upon which the findings are based and any appropriate remedial measures that address physical and other injuries, protect against retaliation, and reduce the incidence of violence pursuant to the intent of RSA 126-U.

(c) The investigator shall request an extension of time for good cause if a circumstance occurred beyond a person's control that prevents that person from taking some required action, including:

(1) Coordination of investigations with other agencies;

(2) Unavailability of witnesses; or

(3) Any other compelling reason or justification.

(d) A request for an extension of time shall be submitted, in writing, to the commissioner's office prior to the expiration of the 30 calendar days outlined in (b) above.

(e) If the commissioner determines that good cause has been shown, a 30-day extension shall be granted.

(f) Any additional extension of time shall be granted by the commissioner if the commissioner determines that such extension would be in the best interest of the parties involved.

(g) The written report in (b) above shall include the following, as necessary:

(1) Appropriate remedial measures to address physical or other injuries;

(2) Appropriate remedial measures to address protection against retaliation; and

(3) Appropriate remedial measures to reduce the incidence of violations of RSA 126-U including, but not limited to:
a. Training of an individual or a group of facility employees;

b. Revision of facility policies and procedures;

c. Revision of facility notice and record keeping practices; and

d. Compliance with conditions of restraint and seclusion pursuant to RSA 126-U:4, RSA 126-U:5, RSA 126-U:5-a, and RSA 126-U:5-b.

(h) The written report in (b) above shall be provided to the director of any facility, or foster family home, found to be in non-compliance with RSA 126-U.

(i) A disposition of the investigator's report shall be provided to the child's parent, guardian, or legal representative pursuant to RSA 126-U:7 and RSA 126-U:7-a in compliance with federal and state law.

(j) If a facility has been found to be in non-compliance with RSA 126-U, the appropriate department program, as outlined in He-C 901.10, shall institute disciplinary proceedings pursuant to its respective administrative rules.

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