New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-M - Former Division of Mental Health and Developmental Services
Chapter He-M 200 - PRACTICE AND PROCEDURE
Part He-M 203 - COMPLAINT RESOLUTION PROCEDURES FOR FAMILY-CENTERED EARLY SUPPORTS AND SERVICES
Section He-M 203.02 - Definitions

Universal Citation: NH Admin Rules He-M 203.02

Current through Register No. 52, December 26, 2024

The words and phrases used in these rules shall have the following meanings:

(a) "Applicant" means any person under the age of 3 whose parent requests services pursuant to He-M 510.06.

(b) "Area agency" means "area agency" as defined in RSA 171-A:2, I-b, namely, "an entity established as a nonprofit corporation in the state of New Hampshire which is established by rules adopted by the commissioner to provide services to developmentally disabled persons in the area."

(d) "Bureau administrator" means the chief administrator of the bureau.

(e) "Child" means an infant or toddler with a disability who is under 3 years of age and:

(1) Is at risk for, or has a developmental delay;

(2) Exhibits atypical behavior; or

(3) Has an established condition.

(f) "Commissioner" means the commissioner of the NH department of health and human services or his or her designee.

(g) "Complainant" means a parent, family, individual or organization that makes a complaint in accordance with He-M 203.04 or He-M 203.11.

(h) "Department" means the New Hampshire department of health and human services.

(i) "Established condition" means that a child has a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay, even if no delay exists at the time of referral, as documented by the family and personnel listed in He-M 510.11(b) (1) , including, at a minimum, conditions such as:

(1) Chromosomal anomaly or genetic disorder;

(2) An inborn metabolic fault;

(3) A congenital malformation;

(4) A severe infectious disease;

(5) A neurological disorder;

(6) A sensory impairment;

(7) A severe attachment disorder;

(8) Fetal alcohol spectrum disorder;

(9) Lead poisoning; or

(10) Developmental delay secondary to severe toxic exposure.

(j) "Family-centered early supports and services (FCESS) " means a wide range of activities and assistance, based on peer reviewed research to the extent practicable, that develops and maximizes the family's and other caregivers' ability to care for the child and to meet his or her needs in a flexible manner and that includes:

(1) Information;

(2) Training;

(3) Special instruction;

(4) Evaluation;

(5) Therapeutic interventions;

(6) Financial assistance;

(7) Materials and equipment;

(8) Emotional support; and

(9) Any other services in He-M 510.03(a) -(v) .

(k) "Family-centered early supports and services (FCESS) program" means a program under contract with the department to provide FCESS as defined by He-M 510.

(l) "Foster parent" means a person with whom a child lives and who is licensed pursuant to He-C 6446 and certified pursuant to He-C 6347.

(m) "Impartial person" means someone who:

(1) Is not an employee of any agency or other entity that:

a. Is involved in the provision of early supports and services;

b. Provides care for children; or

c. Provides care for applicants;

(2) Does not have a personal or professional interest that would conflict with his or her objectivity in hearing a complaint brought under these rules; and

(3) Is not considered to have a conflict solely because the person is paid by the department to implement the He-M 203 complaint resolution process.

(n) "Informed decision" means "informed decision" as defined in RSA 171-A:2, XI, namely, "a choice made by a client or potential client or, where appropriate, his legal guardian that is reasonably certain to have been made subsequent to a rational consideration on his part of the advantages and disadvantages of each course of action open to him."

(o) "Mediator" means an impartial person who:

(1) Is qualified through completion of a mediation training course from an organization that provides such training or who has at least 5 years' experience as a mediator;

(2) Is knowledgeable in the laws and regulations relating to the provision of early supports and services;

(3) Is not an employee of the department or any agency or other entity involved in the dispute to be mediated; and

(4) Is selected on a random, rotational, or other impartial basis.

(p) "Parent" means:

(1) A biological or adoptive parent of a child; or

(2) As identified in a judicial decree or when the biological or adoptive parent does not have legal authority to make educational or FCESS decisions on behalf of the child:

a. A guardian authorized to act as the child's parent, or authorized to make early intervention, educational, health, or developmental decisions for the child, but not the state if the child is in the custody of the New Hampshire division for children, youth, and families;

b. A foster parent as defined in (k) above;

c. An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative with whom the child lives;

d. A surrogate parent as defined in He-M 510.02(am) ; or

e. Any other individual who is legally responsible for the child's welfare.

(q) "Part C of the IDEIA" means Part C of Public Law 108-446, Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. 1400 et seq.

(r) "Provider" means a person receiving any form of remuneration for the provision of services to a child or applicant.

#5744, eff 12-1-93; ss by #6727, eff 4-1-98; ss by #7233, eff 4-22-00; ss by #9135, INTERIM, eff 4-22-08, EXPIRED: 10-19-08

New. #9593, eff 11-11-09; ss by #10324, eff 4-26-13

The amended version of this section by New Hampshire Register Number 41, eff. 9/23/2023 is not yet available.

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