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 203.05 - Resolution of Individual Child Complaints - Requesting an Impartial Due Process Hearing

Universal Citation: NH Admin Rules He-M 203.05

Current through Register No. 52, December 26, 2024

(a) A parent may request an impartial due process hearing to address a complaint related to the identification, evaluation, or provision of appropriate early supports and services for his or her child.

(b) The complaint described in (a) above shall allege a violation that occurred not more than one year prior to the date that the complaint is received.

(c) Mediation, pursuant to He-M 203.04, shall be made available to the parent whenever an impartial due process hearing is requested.

(d) Parents shall submit requests for an impartial due process hearing to address a complaint, in writing, to the bureau and send a copy to the FCESS program and area agency.

(e) If a parent is unable to make a request in writing, the agency or department employee receiving a complaint shall document the complaint in writing and seek to have the complaint signed by the complainant.

(f) The written request in (d) -(e) above shall include:

(1) The child's name and home address;

(2) The name of the provider or FCESS program serving the child;

(3) A statement identifying the points of disagreement related to the identification, evaluation, or provision of appropriate FCESS to the child or the family;

(4) A proposed resolution to the disagreement;

(5) The signature of the person submitting the complaint; and

(6) The date of the complaint.

#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 (from He-M 202.03); 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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