Current through Register No. 40, October 3, 2024
(a)
Each provider agency shall have:
(1) A
sufficient number of personnel, qualified pursuant to (c) below, available to
meet the individual and collective employment-related needs of each individual
served; and
(2) Staff who meet the
requirements of (h) or (i) below.
(b) Prior to a person providing employment
services to individuals, the provider agency, with the consent of the person,
shall:
(1) Obtain at least 2 references for
the person;
(2) Complete, at a
minimum, a New Hampshire criminal records check;
(3) If a person's primary residence is out of
state, complete a criminal records check for the person's state of residence;
and
(4) If a person has resided in
New Hampshire for less than one year, complete a criminal records check for the
person's previous state of residence.
(c) Except as allowed in (d) -(f) below, the
provider agency shall not hire a person:
(1)
Who has a:
a. Felony conviction; or
b. Any misdemeanor conviction involving:
1. Physical or sexual assault;
2. Violence;
3. Exploitation;
4. Child pornography;
5. Threatening or reckless conduct;
6. Theft;
7. Driving under the influence of drugs or
alcohol; or
8. Any other conduct
that represents evidence of behavior that could endanger the well being of an
individual; or
(2) Whose name is on the registry of founded
reports of abuse, neglect, and exploitation pursuant to
RSA
161-F:49.
(d) A provider agency may hire a person with
a criminal record listed in (c) (1) a. or b. above for a single offense that
occurred 10 or more years ago in accordance with (e) and (f) below. In such
instances, the individual, his or her guardian, and the area agency shall
review the person's history prior to approving the person's
employment.
(e) Employment of a
person pursuant to (d) above shall only occur if such employment:
(1) Is approved by the individual, his or her
guardian, and the area agency;
(2)
Does not negatively impact the health or safety of the individual(s);
and
(3) Does not affect the quality
of services to individuals.
(f) Upon hiring a person pursuant to (d)
above, the provider agency shall document and retain the following information
in the individual's record:
(1)
Identification of the region, according to
He-M
505.04, in which the provider agency is
located;
(2) The date(s) of the
approvals in (e) above;
(3) The
name of the individual or individuals for whom the person will provide
services;
(4) The name of the
person hired;
(5) Description of
the person's criminal offense;
(6)
The type of service the person is hired to provide;
(7) The provider agency's name and
address;
(8) A full explanation of
why the provider agency is hiring the person despite the person's criminal
record;
(9) Signature of the
individual(s) or legal guardian(s) indicating agreement with the employment and
date signed;
(10) Signature of the
staff person who obtained the individual's or guardian's signature and date
signed;
(11) Signature of the area
agency's executive director or designee approving the employment; and
(12) The signature and phone number of the
person being hired.
(g)
Provider agencies shall provide initial and ongoing training as required in
He-M 506 and as required to implement services in
He-M
518.05 and
He-M
518.07.
(h) Employment professionals shall:
(1) Meet one of the following criteria:
a. Have completed, or complete within the
first 6 months of becoming an employment professional, training that meets the
national competencies for job development and job coaching, as established by
the Association of People Supporting Employment First (APSE) in "APSE Supported
Employment Competencies" (Revision 2010), available as noted in Appendix A;
or
b. Have obtained the designation
as a Certified Employment Services Professional through the Employment Services
Professional Certification Commission (ESPCC), an affiliate of APSE;
and
(2) Obtain 12 hours
of continuing education annually in subject areas pertinent to employment
professionals including, at a minimum:
a.
Employment;
b. Customized
employment;
c. Task
analysis/systematic instruction;
d.
Marketing and job development;
e.
Discovery;
f. Person-centered
employment planning;
g. Work
incentives for individuals and employers;
h. Job accommodations;
i. Assistive technology;
j. Vocational evaluation;
k. Personal career profile
development;
l. Situational
assessments;
m. Writing meaningful
vocational objectives;
n. Writing
effective resumes and cover letters;
o. Understanding workplace culture;
p. Job carving;
q. Understanding laws, rules, and
regulations;
r. Developing
effective on the job training and supports;
s. Developing a fading plan and natural
supports;
t. Self-employment;
and
u. School to work
transition.
(i) At a minimum, job coaching staff shall be
trained on all of the following prior to supporting an individual in
employment:
(1) Understanding and respecting
the business culture and business needs;
(2) Task analysis;
(3) Systematic instruction;
(4) How to build natural supports;
(5) Implementation of the fading
plan;
(6) Effective communication
with all involved; and
(7) Methods
to maximize the independence of the individual on the job site.
(j) Supervisors of employment
professionals shall ensure employment professionals and job coaches meet the
criteria outlined in (h) and (i) above.
#10493, eff 2-18-14 (from
He-M
518.08)
