CHAPTER He-C
4000 CHILD CARE LICENSING RULES
Statutory
Authority: RSA 170-E:34, I
PART
He-C 4001 NH RESIDENTIAL CHILD CARE
LICENSING RULES
REVISION NOTE:
Document
#13181, effective 3-24-21, readopted with amendments the “New
Hampshire State Fire Code Compliance Report” form pursuant to the expedited
revisions to agency forms process in RSA 541-A:19-c. Document #13181 contained only the amended
form, giving it a new effective date, and updated the revision date on the form
from “10/2014” to “3/2021.” The “New Hampshire State Fire Code Compliance Report” form
must be submitted pursuant to paragraph (d) of rule He-C 4001.02 titled
“Application Form and Attachments”. The
requirements on the form are set forth in paragraph (e) of He-C
4001.02. The prior filing affecting He-C
4001.02 was Document #13151, effective 12-30-20. The effective date of the rule remained
unchanged by Document #13181. However,
the requirements on the form with revision date 3/2021 would be the valid and
enforceable rule in case of any conflict between the form and He-C 4001.02(d)
and (e) in Document #13151 since the form is defined as a “rule” in RSA
541-A:1, XV and is the later enactment.
He-C 4001.01 Definitions.
(a)
“Administer” means an act whereby a single dose of a drug is instilled
into the body of, applied to the body of, or otherwise given to a resident for
immediate consumption or use.
(b)
“Applicant” means a person, corporation, partnership, voluntary
association, or other organization, either established for profit or otherwise,
who intends to operate one or more residential child care programs, and who
indicates that intent to the department by submitting an application and the
application attachments required by He-C 4001.02.
(c)
“Authorized staff” means program staff that have completed training in
medication safety and administration who are responsible for administration of
medications to residents.
(d)
“Child” means “child” as defined in RSA 170-E:25, I.
(e)
“Child abuse” means the infliction on a child of any of the behaviors
set forth in RSA 169-C:3, II (a) - (d).
(f)
“Child care institution” means “child care institution” as defined in
RSA 170-E:25, III.
(g)
“Child endangerment” means the negligent violation of a duty of care or
protection owed to a child or negligently inducing a child to engage in conduct
that endangers his or her health or safety.
(h)
“Child neglect” means any of the behaviors or circumstances set forth in
RSA 169-C:3, XIX (a) or (b).
(i)
“Clinical coordinator” means a staff member employed by the residential
treatment program responsible for administrative oversight of the clinical
services provided at the program. This term includes “treatment coordinator.”
(j)
“Clinical staff” means individuals who have a master’s degree in a
clinical field such as social work, marriage and family therapy, psychology,
guidance counseling, or a degree that would make one eligible for a license
from the NH board of mental health practice or NH board of psychologists.
(k)
“Commissioner” means the commissioner of the NH department of health and
human services, or his or her designee.
(l)
“Corporal punishment” means use of aggressive physical contact or other
action designed to cause the resident discomfort, used as a penalty for
behavior disapproved of by the punisher.
(m)
“Corrective action plan” means “corrective action plan” as defined in
RSA 170-E:25, VI.
(n)
“Department” means “department” as defined in RSA 170-E:25, VII.
(o)
“Direct care staff” means program staff who are responsible for
providing direct care to residents.
(p)
“Directed corrective action plan” means a corrective action plan that is
developed and issued by the department.
(q) “Evaluation”
means a multi-disciplinary assessment of the resident’s level of function by
professionals licensed or certified in their respective fields of practice or
study, which enables facility staff to plan care that allows the resident to
reach his or her highest practicable level of physical, mental, and psychosocial
functioning.
(r)
“Field trip” means any excursion off the premises of the residential
child care program with residential child care staff, other than routine or
unplanned local travel such as walks in the neighborhood, travel to the local
library, or other routine travel such as travel to and from school, employment,
local appointments or travel to do local errands.
(s) "Full
medical withdrawal management" means a protocol for a resident receiving
24-hour nursing supervision overseen by a licensed practitioner, who may be
incapable of evacuating a facility on his or her own or may have medical
conditions that require immediate medical intervention, such as seizures,
tremors, delirium, cardiac, or are a danger to themselves or others.
(t)
“Group home” means “group home” as defined in RSA 170-E:25, II(b).
(u)
“Guardian” means “guardian” as defined in RSA 170-E:25, IX.
(v)
“Homeless youth” means a person 16 through 20 years of age who is
unaccompanied by a parent or guardian and is without shelter where appropriate
care and supervision are available, whose parent or legal guardian is unable or
unwilling to provide shelter and care, or who lacks a fixed, regular, and
adequate residence.
(w)
“Homeless youth program” means “homeless youth program” as defined in
RSA 170-E:25, II(d).
(x)
“Household member" means any person who resides in a child care
program other than child care personnel or children admitted to the child care
program.
(y)
“Incident” means:
(1) Resident behavior that is
extreme, including, but not limited to, behavior that is assaultive,
destructive, self-injurious, or self-destructive;
(2) Any behavior leading to
physical intervention or seclusion of a resident; or
(3) An occurrence involving an
accident or injury, or requiring outside agency involvement.
(z)
“Independent living” means transition to adulthood whereby the resident
negotiates living on his or her own with a set of skills and goals based on the
resident’s needs and interests.
(aa)
“Independent living home” means “independent living home” as defined in
RSA 170-E:25, X.
(ab)
“License” means “license” as defined in RSA 170-E:25, XI.
(ac)
“License capacity” means the maximum number of residents that can be
admitted to and present in the residential child care program, as authorized by
the license issued.
(ad) “Licensed
clinical supervisor” means a registered nurse (RN) licensed under the state of
New Hampshire pursuant to RSA 326-B, or an individual licensed by the board of
licensing for alcohol and other drug use professionals or board of mental
health practice to practice and supervise substance use counseling who meets
the initial licensing qualifications set forth in RSA 330-C:18.
(ae)
“Licensed counselor” means a master licensed alcohol and drug counselor
(MLADC), a licensed alcohol and drug counselor (LADC), or a licensed mental
health professional who has demonstrated competency in the treatment of
substance use disorders (SUD).
(af)
“Licensed health care practitioner” means a:
(1) Medical doctor;
(2) Physician’s assistant;
(3) Advanced practice registered nurse (APRN);
(4) Doctor of osteopathy;
(5) Doctor of naturopathic medicine; or
(6) Any other
practitioner with diagnostic and prescriptive powers licensed by the appropriate
state licensing board.
(ag)
"Limited medical withdrawal management" means a resident is
capable of evacuating the facility without assistance, is medically cleared to
participate in limited medical withdrawal management by a licensed practitioner
prior to or at the time of admission, and is not a danger to themselves or
others.
(ah)
“Mechanical restraint” means “mechanical restraint” as defined in RSA
126-U:1, IV.
(ai)
Medical director” means a practitioner licensed in accordance with RSA
329 or RSA 326-B, who is responsible for overseeing the quality of medical care
and services in a specialized care program.
(aj)
“Medical technology dependent” means a
resident with limitations so severe as to require both an assistive medical
technology device to compensate for the loss of a vital body function and
significant and sustained care to avert death or further disability. Assistive medical technology devices
include, but are not limited to tracheostomy tube, feeding tube, c-pap or
bi-pap machines, and wheelchairs.
(ak)
“Medication” means a drug prescribed for a resident by a licensed health
care practitioner and over-the-counter medications.
(al)
“Medication log” means a written record of medications administered to a
resident.
(am)
“Medication occurrence” means any error in the administration of a
medication as prescribed or in the documentation of such administration, with
the exception of a resident’s refusal.
(an)
“Medication restraint” means “medication restraint” as defined in RSA
126-U:1, IV(a).
(ao)
“Mental illness” means a substantial impairment of emotional processes,
or of the ability to exercise conscious control of one's actions, or of the
ability to perceive reality or to reason, when the impairment is manifested by
instances of extremely abnormal behavior or extremely faulty perceptions. It
does not include impairment primarily caused by:
(1) Epilepsy;
(2) Intellectual disability;
(3) Continuous or non-continuous periods of
intoxication caused by substances such as alcohol or drugs; or
(4) Dependence upon or addiction to any substance
such as alcohol or drugs.
(ap)
“Monitoring visit” means an announced or unannounced visit made to a
residential child care program by department personnel for the purpose of
assessing compliance with the standards set by rule adopted by the commissioner
pursuant to RSA 541-A.
(aq)
“Nursing care” means the provision or oversight of a resident’s
physical, mental, or emotional condition by diagnosis as confirmed by a licensed
practitioner.
(ar) “Orders” means
instructions by a licensed practitioner, produced verbally, electronically, or
in writing for medication, treatments, recommendations, and referrals, and
signed by the licensed practitioner using terms such as authorized by,
authenticated by, approved by, reviewed by, or any other term that denotes
approval by the licensed practitioner.
(as)
“Parent” means a father, mother, legal guardian, or other person or
agency responsible for the placement of a resident.
(at)
“Permanency” means a permanent connection with at least one adult
committed to helping the homeless youth meet his or her needs throughout his or
her life.
(au)
“Physical intervention” means a behavior management technique in which
staff use the minimum amount of physical contact on a resident, which is
necessary for the circumstances, in accordance with RSA 627:6, II(b) and RSA
126-U, to protect the resident, other residents present, the staff, and the
general public.
(av)
“Pre-service training” means training or education required to meet the
minimum qualifications for the position of program director, as specified in
He-C 4001.19 (e), or direct care staff, as specified in He-C 4001.19 (f).
(aw) “Procedure”
means a licensee’s written, standardized method of performing duties and
providing services.
(ax)
“Program director” means the individual who has responsibility for the
daily operation of the residential child care program.
(ay)
“Program staff” means all staff, both professional and non-professional,
including direct care staff, who are responsible for the supervision, care, or
treatment of residents.
(az)
“Pro re nata (PRN)” means medication administered as circumstances may
require in accordance with licensed practitioner’s orders.
(ba)
“Rehabilitative and restorative services” means interventions provided
including any medical or remedial services recommended by a physician or other
prescribing practitioner within the scope of the residential treatment
program’s practice to reduce a physical or mental disability and restore a
recipient to his or her best functional level.
(bb)
“Repeat violation” means a violation of a specific licensing rule or law
for which the program has been previously cited during the past 5 years, which
has not been removed as a result of an informal dispute resolution or
overturned as a result of an adjudicatory procedure and that posed a health or
safety risk to residents.
(bc)
“Reportable
incident” means an occurrence of any of the following while the resident is
either in the program or in the care of program personnel:
(1) The death of the
resident;
(2) Suspected abuse or
neglect of the resident; or
(3) The unexplained absence
of a resident from the program.
(bd)
“Resident” means a child who has been admitted to a residential child
care program.
(be)
“Residential child care program (program)” means “child care agency” as
defined in RSA 170-E:25, II. The term also means “child-care institution” as
defined in 42 CFR § 672(c)(2)(a).
(bf)
“Restraint” means “restraint” as defined by RSA 126-U:1, IV.
(bg)
“Runaway” means a child who is absent without leave or permission from
the program that is responsible for the supervision of that child.
(bh)
“Sanitize” means to clean by removing all organic material then wiping
down or washing with a disinfecting or germicidal solution consisting of one
tablespoon of regular strength chlorine bleach to one gallon of water which is
mixed fresh daily, or a commercial product which is designed to kill germs and
which, when used in accordance with manufacturer’s directions, does not pose a
health or safety risk to residents.
(bi)
“Seclusion” means “seclusion” as defined in RSA 126-U:1, V-a.
(bj)
“Short term” means a placement which is intended to last for 60 days or
less, unless the residential child care program has written documentation on
file that the 60 day period has been extended by the department’s division for
children, youth and families (DCYF), juvenile justice services (JJS), or by the
referring agency.
(bk) “Social
or non-medical withdrawal management” means a treatment service provided by
appropriately trained staff who provide 24-hour supervision, observation, and
support for residents who are intoxicated or experiencing withdrawal with no
staff-administered medication.
(bl)
"Specialized care" means "specialized care” as defined in
RSA 170-E:25, II(c).
Such care includes substance use disorder and behavioral health. The
term also includes “specialized care program (SCP)”.
(bm)
“Substance use disorder (SUD)” means a disease that affects a person’s
brain and behavior and may lead to an inability to control the use of a legal
or illegal substance. Substances can include alcohol and other drugs.
(bn)
“SUD program” means a residential program, excluding hospitals as
defined in RSA 151:2,I(a), which provides residential SUD treatment relating to
the youth’s medical, physical, psychosocial, vocational, and educational needs.
(bo) “Time out” means the restriction
of a resident for a period of time to a designated area from which the resident
is not physically prevented from leaving, for the purpose of providing the
resident the opportunity to regain self-control or as a consequence to a
specific behavior.
(bp)
“Treatment plan” means the program’s written, time-limited,
goal-oriented therapeutic plan for the child and family, which includes
strategies to address the issues that brought the child into placement, and
which is developed by the family, program staff, and the agency responsible for
the placement of the child. This
includes, but is not limited to, a child specific planning document prepared in
cooperation with DCYF, JJS, a school district, or other placing or sending
organization. A treatment planning
document that complies with certification requirements satisfies licensing
requirements.
(bq)
“Unit” means the department’s child care licensing unit.
(br)
“Volunteer” means an unpaid person who assists with the provision of
food services or activities, and who does not provide direct care or assist
with direct care.
(bs)
“Withdrawal management” means a residential treatment service provided
by appropriately trained staff who provide 24-hour supervision, observation,
and support for youth who are intoxicated or experiencing withdrawal with
prescription medication administered based on the results of an appropriate
evaluation tool.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; (see also
Revision Note at part heading for He-C 4001)
He-C 4001.02 Application Form and Attachments.
(a)
All applicants for licensure shall complete and submit an application
form to the department, which includes:
(1) Whether the application is
for a new, renewed, or revised license;
(2) Whether the program will
operate a group home, child care institution, independent living home, homeless
youth shelter, or specialized care program;
(3) Whether the applicant, owner, or business organization intends to
provide short-term placements;
(4) The name, physical address,
mailing address, and telephone number of the program;
(5) The name, telephone number, and mailing address of the applicant,
owner, or business organization;
(6) An e-mail address for the
program and the applicant, owner, or business organization, if available;
(7) Federal tax identification
number if one has been assigned;
(8) A list of all buildings in
which residents will be cared for which identifies:
a. The building identifier;
b. The building’s purpose or
function;
c. The type(s) of residential child care services that the applicant,
owner or business organization intends to offer in the building as specified in
He-C 4001.02 (a)(2) above; and
d. The proposed number of
residents and age range to be cared for in each residential building;
(9) The total requested
resident capacity of the program;
(10) How the program is owned and organized, whether private,
partnership, or other organization type, including name of business organization,
business identification number, and the names, title/position, and telephone
numbers of the officers of the business or board members, if applicable;
(11) Whether the program will
be operating as for-profit or non-profit;
(12) The name, birth name(s),
and date of birth of the program director;
(13) The qualifications of the
program director, including education and experience;
(14) For persons who have
contact with residents in the residential child care program, more than 5 hours
per week, excluding residents who are admitted to the program, and including
any applicant, owner, officer of the business organization, program director,
executive director, board member, household member, program staff, intern,
volunteer or any other individual in the state of New Hampshire or the United
States, information and details disclosed by the individual on their
application for employment, or otherwise known by the program, regarding the
following:
a. Criminal convictions in a
state other than
b. Current criminal
investigations in any state;
c. Current investigations of
child abuse or neglect in any state;
d. Previous findings of child
abuse or neglect in a state other than
e. Current investigation of
juvenile delinquency for juvenile household members; and
f. Previous adjudications of
juvenile delinquency for juvenile household members;
(15) The information required
by (14) above shall include:
a. The name and position or
affiliation of the individual;
b. Whether this information is a charge, allegation, conviction,
finding, or current investigation;
c. The name and city of the court of DCFY office in which the case was
handled, as applicable; and
d. The date of any conviction
or finding;
(16) A statement dated and
signed by the program director and the applicant, or an individual legally
authorized to sign for the applicant attesting to the following:
“I HAVE READ AND AM IN COMPLIANCE WITH ALL APPLICABLE RULES IN He-C
4001”;
“I UNDERSTAND THAT THE DEPARTMENT MAY INVESTIGATE ANY CRIMINAL
CONVICTION RECORD, FINDING OF CHILD ABUSE OR NEGLECT, OR INVESTIGATION OF OR
FINAL DETERMINATION REGARDING ANY JUVENILE DELINQUENCY AND WILL MAKE A
DETERMINATION REGARDING WHETHER THE INDIVIDUAL POSES A CURRENT RISK TO THE HEALTH,
SAFETY OR WELL BEING OF CHILDREN”;
“I UNDERSTAND THAT THE DEPARTMENT MAY DELAY ITS DECISION TO APPROVE OR
DENY THIS APPLICATION PENDING THE OUTCOME OF ANY INVESTIGATION, WHEN THE
APPLICANT, OWNER, OR PROGRAM DIRECTOR, ARE NAMED AS THE PERPETRATOR IN ANY
CURRENT INVESTIGATION OF ANY CRIME, OR IN AN ALLEGATION OF ABUSE OR NEGLECT”;
“I UNDERSTAND THAT PROVIDING FALSE INFORMATION ON THIS APPLICATION OR
ANY OF THE ATTACHMENTS, OR FAILING TO DISCLOSE ANY INFORMATION REQUIRED ON THE
APPLICATION, OR REQUIRED TO BE SUBMITTED WITH THIS APPLICATION, SHALL BE
CONSIDERED GROUNDS FOR LICENSE DENIAL OR REVOCATION”;
“I HAVE READ THE NH RESIDENTIAL CHILD CARE PROGRAM LICENSING RULES,
AND UNDERSTAND THAT FAILURE TO MAINTAIN MY PROGRAM IN COMPLIANCE WITH THE
APPLICABLE RULES, MAY JEOPARDIZE MY LICENSE/PERMIT”;
“I AUTHORIZE ANY POLICE DEPARTMENT, COURT SYSTEM OR HUMAN SERVICE
AGENCY IN THIS OR ANY OTHER STATE TO RELEASE COPIES OF ANY CRIMINAL RECORDS OR
CHILD ABUSE OR NEGLECT RECORDS TO THE DEPARTMENT”; and
“ALL INFORMATION PROVIDED AS PART OF THIS APPLICATION AND IN THE
REQUIRED ATTACHMENTS IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE”;
(17) The position of the
individual who signed pursuant to (16) above, such as applicant, board
president, board secretary, executive director, or program director;
(18) For each building, a floor
plan diagram of indoor residential childcare space which shall specify:
a. Room dimensions;
b. Location of exits;
c. How each room will be used;
d. The location of bathrooms
and bathroom fixtures, including toilets, sinks, bathtubs, and showers;
e. The location of other
hand-washing sinks; and
f. The length, width, and
ceiling height of each bedroom;
(19) For each building, a
diagram of outdoor play and recreation space which shall specify:
a. The overall dimensions of
the outdoor play space including the length and width of the space;
b. The locations of exits, gates, and stationary outdoor play or
recreation equipment, including the location of and type of fencing, if any,
including gates;
c. The location of the outdoor
play space in relation to the indoor space; and
d. The location and description of any outdoor water and street
hazards including the presence of and location of any pools, ponds, streams,
rivers, streets, roads, or other hazards that are in close proximity;
(20) For renewal or revisions
applications, diagrams as specified in (18) and (19) above if changes have been
made in the residential child care space since the last application submitted
to the department; and
(21) For renewal or revision
applications, a check mark in the box on the form, indicating when no changes
have been made to residential child care space since the last application
submitted to the department.
(b)
Residential child care programs that have multiple buildings on the same
or adjoining property may apply for a single license for those multiple
buildings provided that:
(1) In accordance with
residential child care space requirements specified in He-C 4001.16, each residence
has adequate square footage, common living space, and complete bathroom units
for the number of residents who will reside in each building;
(2) An individual who meets at least the minimum qualifications of a
direct care staff is designated in charge in each building; and
(3) All program staff and
residents are aware of the identity of the direct care staff who is designated
in charge in each building.
(c)
With the application, the applicant shall submit to the department a
completed “Health Officer Inspection Report for Residential Child Care
Agencies” form (10/2014 edition) completed by the local health officer or
duly appointed designee, for each building inspected, documenting that within
the 12 months of the date the department receives the application, the premises
have been inspected and approved by a local health officer or duly appointed
designee for operation as a residential child care program.
(d)
With the application, the applicant shall submit to the department a
completed “NH State Fire Code compliance report” documenting that, within the
12 months of the date the department receives the application, the premises
have been inspected by the local fire department or the state fire marshal’s
office, for compliance with the applicable parts and sections of the State Fire
Code, under RSA 153:1, VI-a, and Saf-FMO 300, including but not limited to NFPA
1 and NFPA 101, and as amended by the state board of fire control and ratified
by the general court pursuant to RSA 153:5, and approved to operate as a
residential child care program.
(e)
The “NH State Fire Code compliance report” required under (d) above
shall include the following:
(1) Completed by either program
personnel or the fire inspector:
a. The name, address, telephone
number, and license number of the residential child care program;
b. The name of the applicant;
c. The type of residential
child care to be provided; and
d. The number and age range of
residents for whom the applicant intends to provide care; and
(2) Completed by the fire
inspector:
a. The date the premises were
inspected by the fire inspector;
b. For each building which will
be used by residents:
1. An indication regarding
whether the fire inspector approves or does not approve the premises to operate
as a residential child care program;
2. Any areas of non-compliance
with the State Fire Code, under RSA 153:1, VI-a, Saf-C 6000, and Saf-FMO 300,
including but not limited to NFPA 1 and NFPA 101, and as amended by the state
board of fire control and ratified by the general court pursuant to RSA 153:5; and
3. Any conditions or
restrictions placed by the fire inspector, including but not limited to, any
limits relative to the number and age range of residents to be cared for in the
program or any rooms, levels, or other areas of the premises not approved for
use by residents;
c. An indication whether or not
the fire inspector approves, does not approve, or grants a conditional approval
for the residential agency type(s) to operate.
d. If a conditional approval is granted, it shall
include:
1. The details regarding what
action must be taken; and
2. The date the conditional
approval will expire;
e. The printed name, address,
telephone number, and title of the fire inspector;
f. The dated signature of the
fire inspector; and
g. The city or town in which
the fire inspector has authority.
(f)
With the application, the applicant shall submit to the department
documentation from the applicable town or city that the program has been granted
zoning approval or a statement that no zoning approval is required.
(g)
The zoning documentation required in (f) above shall include the
following:
(1) The name and address of the
program;
(2) The name of the applicant;
(3) Any zoning requirements or
restrictions imposed by the town or city regarding the existence of the
program, including any limits regarding ages or number of residents to be cared
for in the program, and any buildings on the property that do not have zoning
approval; and
(4) The signature of an
individual authorized to sign on behalf of zoning, and date signed.
(h)
With the application, the applicant shall submit to the department
background check forms as specified in He-C 4001.31 for each of the following:
(1) The applicant;
(2) All household members; and
(3) All program directors.
(i)
With the application, the applicant shall submit to the department
documentation of education and experience that shows that the program director
meets the requirements for his or her position, as specified in He-C
4001.19(e).
(j)
The documentation of education and experience required under (i) above
shall include the following:
(1) Copies of transcripts,
certificates, diplomas, or degrees as applicable; and
(2) A resume or other
documentation of previous experience.
(k)
With the application, applicants that are incorporated shall submit to
the department a list of the names, addresses, and telephone numbers of the
current board members.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20 (see also
Revision Note at part heading for He-C 4001)
He-C 4001.03 Procedures
for License Renewal and Revisions.
(a)
No less than 3 months prior to the expiration date of the current
license, each licensee shall submit to the department:
(1) An application form for
license renewal, completed in accordance with He-C 4001.02 (a);
(2) The application attachments
specified in He-C 4001.02 (c) through (e), (h) through (j) and (n); and
(3) The application attachments
specified in He-C 4001.02 (l) and (m), if there has been a new program director
since the previous application was filed.
(b)
Licensees shall be subject to a lapse in license if they submit their
application materials after the date their current license expires.
(c)
Prior to adding additional program types, as specified in He-C 4001.02
(a)(2), changing the type(s) of program for which a program is licensed,
increasing the number of residents in one or more buildings, unless the
increased number has been previously approved in writing by the department and
does not result in the program exceeding its license capacity, or re-locating
the program, the residential child care program shall:
(1) Submit an application for
license revision, completed in accordance with He-C 4001.02; and
(2) When there is a relocation
or revision that will exceed any limits or condition on the current health
officer inspection report, NH State Fire Code compliance report or zoning
approval, submit the application attachments, identified in He-C 4001.02 (c)
through (g) for each building for which it is seeking a license revision.
(d)
A licensee shall notify the department in writing when he or she wishes
to change the name of the program, so that a revised license that reflects the
name change can be issued.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14
He-C 4001.04 Time Frames for Departmental Response to
Applications.
(a)
Pursuant to RSA 541-A:29, the department shall approve or deny an
application no later than 60 days from receipt of the application and any
additional information requested by the department.
(b)
The 60 days specified in (a) above shall begin on the date on which all
requested information is received by the department.
(c)
Any outstanding corrective action plan for violations of rule or statute
shall be considered additional information under (a) above.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C
4001.05 Board
of Directors.
(a)
Each program that is incorporated shall have a duly appointed board of directors.
(b)
The applicant or licensee shall:
(1) If incorporated, provide a
list of the names, addresses and telephone numbers of current members of the
board of directors and a copy of current rules of the board of directors are on
file and made promptly available on the premises of the program for review by
the department upon request during all visits; and
(2) If governed by any other
governing body, provide a list of the names, addresses and telephone numbers of
current members of the governing body, and a copy of any rules by which the
governing body will operate are on file and made promptly available on the
premises of the program for review by the department upon request during all
visits.
(c)
The board of directors for programs that are incorporated and the owner
or governing body for programs that are not incorporated shall maintain a
sufficient degree of oversight of the program’s operations to ensure that the
program is complying with the provisions of RSA 170-E, this part, and any policies
and procedures adopted by the program.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14
He-C 4001.06 Statements of Findings and Corrective
Action Plans.
(a)
The department shall issue a statement of findings to the program when
it determines that the program has one or more violations of any of the
provisions of RSA 170-E or He-C 4001.
(b)
The program director or designee shall complete a written corrective
action plan for each violation included on the statement of findings.
(c)
The corrective action plan required in (b) above shall describe:
(1) How the licensee intends to
correct each violation including any interim measures the program director or
designee has implemented to protect the health and safety of residents until
the violation can be corrected;
(2) What measures will be put
in place, or what systemic changes will be made to ensure that the violation
does not recur; and
(3) The date by which each
violation was corrected or will be corrected.
(d)
The program director or designee shall complete corrective action plans
and return them to the department in accordance with the following:
(1) The corrective action plan
shall not include the names of individuals; and
(2) The statement of findings
and corrective action plan shall be:
a. Signed and dated by the
program director or designee; and
b. Returned to the department
no later than 3 weeks from the date the statement of findings is sent out by
the department.
(e)
The program director or designee shall not alter the statement of
findings or corrective action plan once it has been submitted to the
department.
(f)
The only exceptions to (d)(2)b. above shall be as follows:
(1) When a program director or
designee requests an informal dispute resolution in accordance with He-C
4001.08, the corrective action plan due date shall be 3 weeks from:
a. The date the program
receives notice of the department’s decision regarding the informal dispute
resolution if the department is not issuing a revised statement of findings; or
b. The date the department
issues the revised statement of findings as a result of the informal dispute
resolution; and
(2) A program director or
designee who cannot complete and return a corrective action plan by the due
date may request and receive an extension from the department.
(g) The criteria for acceptability shall be
whether the corrective action plan, when implemented, will achieve compliance
with RSA 170-E and He-C 4001.
(h)
The department shall reject a corrective action plan when the plan fails
to:
(1) Achieve compliance with RSA
170-E, He-C 4001, or any other applicable licensing rules;
(2) Address the violation as
written;
(3) Address all violations
cited on the statement of findings;
(4) Prevent a new violation of
RSA 170-E, He-C 4001, or any other applicable law; or
(5) State a completion date.
(i)
When the corrective action plan submitted to the department by the
program in accordance with (d) and (f) above is not acceptable, the department
shall notify the licensee in writing of the reason for rejecting the proposed
corrective action plan and:
(1) Attempt to resolve the
problem through a telephone consultation with the executive director or program
director, when the unacceptable corrective action plan needs only simple, minor
modifications or additions to make it acceptable; or
(2) Issue a revised corrective
action plan to the program with a notice advising the program why the original
corrective action plan submitted by the program is not acceptable.
(j)
When a program is issued a revised corrective action plan, it shall:
(1) Make any revisions to the
corrective action plan as approved by the department; and
(2) Return and implement the
revised corrective action plan in accordance with (d) above.
(k)
The department shall verify that a corrective action plan, as submitted
and accepted, has been implemented by any of the following:
(1) Reviewing materials
submitted by the licensee;
(2) Conducting a follow-up
inspection; or
(3) Reviewing compliance during
any subsequent visit conducted in accordance with RSA 170-E:31, IV, RSA
170-E:32, II or RSA 170-E:40, II.
(l)
When the findings of any inspection or investigation indicate that
immediate corrective action is required to protect the health and safety of the
residents or personnel, the department shall order the immediate implementation
of a directed corrective action plan developed by the department.
(m)
The existence of a corrective action plan shall not prohibit the
department from taking other enforcement action available to it under He-C
4001, RSA 170-E, RSA 541-A or other law.
(n)
All statements of findings issued for violations of any of the
provisions of RSA 170-E or He-C 4001, and the corrective action plans submitted
in response to those violations, shall be considered public information on or
after the corrective action plan due date as specified in (d)(2)b. and (f)(1)
and (2) above.
(o)
An applicant or licensee may appeal a violation cited on a statement of
findings only as part of an adjudicatory process regarding enforcement action
taken against a license.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14
He-C 4001.07 Complaints and Investigations.
(a)
In accordance with RSA 170-E:40, I and II, the department shall conduct
an investigation of any complaint that meets the following conditions:
(1) The alleged violations
occurred not more than 6 months prior to the date the department was made aware
of the allegation(s);
(2) The complaint is based upon the complainant’s first-hand knowledge
regarding the allegation(s) or on information reported directly to the complainant
by a resident who has first-hand knowledge regarding the allegation(s);
(3) The complaint contains
sufficient specific information for the department to determine that the
allegation(s), if proven to be true, would constitute a violation of any of the
provisions of He-C 4001 or RSA 170-E; or
(4) The complaint is received
from any source and alleges a violation that occurred at any time if the
complaint alleges:
a. Physical injury;
b. Verbal or emotional abuse so
severe as to create a risk of psychological trauma; or
c. One or more residents were
placed in danger of physical injury.
(b)
After the investigation of a complaint has been completed, the
department shall:
(1) When it determines that the
complaint is unfounded or does not violate any statutes or rules, notify the
program and take no further action;
(2) When it determines that the
complaint is founded, prepare a statement of findings listing the violations
found as a result of the investigation and any other violations found during
the visit; and
(3) Notify the licensee in
writing of the findings.
(c)
The records compiled during an investigation shall be confidential as
required by RSA 170-E:40, III.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151 eff 12-30-20
He-C 4001.08 Informal
Dispute Resolution.
(a)
The department shall offer an opportunity for informal dispute
resolution to any applicant or licensee who disagrees with a violation cited by
the department on a statement of findings, provided that the applicant or
licensee submits a written request for an informal dispute resolution.
(b)
The informal dispute resolution shall be requested in writing by the
applicant, licensee or program director no later than 14 days from the date the
statement of findings was issued by the department.
(c)
The department shall review the evidence presented and provide a written
notice to the applicant or licensee of its decision.
(d)
An informal dispute resolution shall not be available for any applicant
or licensee against whom the department has initiated action to suspend,
revoke, deny or refuse to issue or renew a license.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14
He-C 4001.09 Enforcement Action and Administrative
Appeals.
(a)
The department shall revoke or suspend a license or deny an application
for a new license, license renewal or license revision, in accordance with the
provisions of RSA 170-E:27, II, RSA 170-E:29, III and IV, RSA 170-E:29-a, and
RSA 170-E:35 if:
(1)
After being notified of and given an opportunity to supply missing
information, the application does not meet the requirements of He-C 4001.02;
(2)
After being notified by the department that an adult or a juvenile who
is not a resident admitted to the program may pose a risk to residents, the
applicant or licensee refuses to submit a corrective action plan which ensures
that the individual is removed from employment or from the household and will
not have access to the residents in care;
(3)
An applicant or licensee has endangered or continues to endanger one or
more residents by a negligent violation of a duty of care or protection owed to
the child or negligently inducing such child to engage in conduct that
endangers his health or safety;
(4)
The applicant or licensee has been found guilty of abuse, neglect,
exploitation of any person or has been convicted of child endangerment, fraud
or a felony against a person in this or any other state by a court of law, or
has been convicted of any crimes as referenced in RSA 170-E:29, III or IV, or
RSA 170-E:29-a, or had a complaint investigation for abuse, neglect, or exploitation
substantiated by the department or in any other state;
(5)
The applicant, licensee or designee of the applicant knowingly provides
materially false or misleading information to the department, including
information on the application or in the application attachments;
(6)
The applicant, licensee or any representative or employee of the
applicant fails to cooperate with any inspection, investigation or visit by the
department;
(7)
The applicant or licensee violates any of the provisions of RSA 170-E:24
–49 or He-C 4001;
(8)
The applicant or licensee has demonstrated a history or pattern of
multiple or repeat violations of RSA 170-E, or He-C 4001, that pose or have
posed a health or safety risk to residents; or
(9)
The applicant or licensee fails to submit an acceptable corrective
action plan or fully implement and continue to comply with a corrective action
plan that has been accepted by the department in accordance with He-C 4001.06.
(b)
If a license has been revoked, or has expired without timely application
for renewal having been made in accordance with He-C 4001, operation shall be
discontinued immediately.
(c)
The department shall notify applicants or licensees affected by a
decision of the department to deny, revoke or suspend a license of their right
to an administrative appeal in accordance with RSA 170-E:36.
(d)
If an applicant or licensee fails to request an administrative appeal in
writing within 10 days of the receipt of the notice required by RSA 170-E:36,
I, the action of the department shall become final.
(e)
Administrative appeals under this section shall be conducted in
accordance with RSA 170-E:36, II, III, and IV, RSA 170-E:37, RSA 541-A and He-C
200.
(f)
Further appeals of department decisions under this section shall be
governed by RSA 541-A and RSA 170-E:37.
(g)
Any licensee who has been notified of the department’s intent to revoke
or suspend a license or deny an application for a license renewal may be
allowed to continue to operate during the appeal process except as specified in
(h) below.
(h)
When the department includes in its notice of revocation or suspension
an order of immediate closure, pursuant to RSA 170-E:36, III or RSA 541-A:30,
III, the program shall immediately terminate its operation and not operate
during the appeal process except under court order, or as provided by RSA
541-A:30, III.
(i)
The department shall initiate a suspension of a license rather than
revocation when it determines that the action is being initiated against a
program that does not have a history of repeat violations of licensing rules or
statute and the action is based on a violation or situation which is:
(1)
Related to a correctable environmental health or safety issue, including
but not limited to, a problem with a program’s water supply, septic system,
heating system, or structure; and
(2)
Documented by the program as being temporary in nature.
(j)
Except for (h) above, any suspension of a license that has not been
appealed, or any suspension of a license that has been upheld on appeal shall
remain in effect until the department notifies the program whose license was
suspended that the suspension has been removed because:
(1)
The violation which resulted in the suspension has been corrected; or
(2) The suspension was based on
loss of fire or health officer approval and the local fire inspector or
inspector from the state fire marshal’s office, or health officer has
reinstated the previously rescinded approval.
(k)
Upon receipt of notice of the department’s intent to revoke, suspend,
deny or refuse to issue or renew a license, the applicant or licensee receiving
the notice shall immediately provide the department with a list of the names,
addresses and phone numbers of the person or agency responsible for the
placement of each current resident.
(l)
Based upon information provided under (k) above, the department shall
notify the person or agency responsible for the placement of each current
resident that the department has initiated action to revoke or suspend the
license or deny an application for a license renewal.
(m)
The department shall send a copy of the notice required in (l) above to
the following entities:
(1)
The health officer and fire inspector in the town in which the program
is located;
(2)
The state office of the United States Department of Agriculture, Child
and Adult Food Program, if the residential child care program participates in
that program;
(3)
The
(4)
The director of DCYF.
(n)
When a program’s license has been revoked or denied, the department has
refused to renew a license, or an application has been denied by the
department, if the enforcement action specifically pertained to their role in
the program, the applicant, licensee, program director or executive director,
shall not be eligible to reapply for a license, or be employed as an executive
director or program director for at least 5 years from:
(1)
The date of the department’s decision to revoke or deny the license, if
no appeal is filed; or
(2)
The date an order is issued upholding the action of the department, if
that action has been appealed.
(1) The applicant or licensee, when licensed, did
not demonstrate a pattern of repeat violation of licensing rules or statute;
(2) The denial was based on the applicant or
licensee’s inability or failure to correct a violation caused by a temporary
condition which has been corrected; or
(3) The licensee or applicant who was denied an
initial application shows that circumstances have substantially changed such
that the department now has good cause to believe that the applicant has the
requisite degree of knowledge, skills and resources necessary to maintain
compliance with the provisions of RSA 170-E and He-C 4001.
(p)
No ongoing enforcement action shall preclude the imposition of any
remedy available to the department under RSA 170-E, RSA 541-A, He-C 4001 or
other law.
(q)
Requests for reconsideration or appeal of any decision by a hearings
officer shall be filed within 30 days of the date of the decision.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14
He-C 4001.10 Duties and Responsibilities of the
Licensee.
(a)
The program shall abide by the provisions specified on the license.
(b) Program staff shall:
(1) Display a copy of the
current license issued by the department in a prominent location in each
building in which residents are housed; and
(2) Not alter the license
issued by the department.
(c)
A license shall not be transferable to a new owner or new location.
(d)
Any licensee, program staff or other person involved with a program who
has reason to suspect that a resident is being abused or neglected shall report
the suspected abuse to DCYF at 1-800-894-5533.
(e)
When direct care staff who are witness or party to any event that meets
the mandated reporting requirement in RSA 169-C:29, the program shall provide
opportunity and support to such staff to make the required report. Whenever possible, the staff directly involved
or witness to the event shall make reports to the department, with assistance
from administrative staff as needed to assure all necessary information is
available to make a complete report.
(f)
Program staff shall safeguard the confidentiality of all records and
personal information regarding any resident.
(g)
Applicants, licensees, and all program staff shall keep confidential all
records required by the department pertaining to the admission, progress,
health, and discharge of residents under their care and all facts learned about
residents and their families with the following exceptions:
(1) Program staff shall, upon
request, make available to the department all records that programs are
required by RSA 170-E or He-C 4001 to keep, and to such records as necessary
for the department to determine staffing patterns and staff attendance; and
(2) Other than as specified in
(g)(1) above, program staff shall release information regarding a specific
resident only as directed by a parent of that resident, or upon receipt of
written authorization to release such information, signed by that resident’s
parent, unless otherwise restricted by applicable state or federal law.
(h)
Information collected by the department during the application process may
be released:
(1) To the applicant, licensee
or his or her designated representative;
(2) Upon receipt of written
authorization by the applicant or licensee to release information; or
(3) To federal, state and local
officials or the entities that provided reports.
(i)
Except for law enforcement agencies or in an administrative proceeding
against the applicant or licensee, the department shall keep confidential any
information collected during an investigation, unless it receives an order from
a court of competent jurisdiction ordering the release of specific information.
(j)
Applicants, licensees, members of the board of directors or other
governing body, program staff, child care interns, child care assistants, and
volunteers shall cooperate with the department during all departmental visits
authorized under RSA 170-E and He-C 4001.
(k)
For the purposes of (j) above, cooperation shall include, but not be
limited to not interfering with efforts by representatives of the department
to:
(1) Enter the premises and
complete an inspection;
(2) Document evidence or
findings by taking written statements, and by photographing toys, equipment,
and learning materials or conditions inside or outside residential child care
space and other areas of the premises accessible to residents;
(3) Make an audio recording of
conversations with individuals who have consented to the audio recording;
(4) Interview program staff,
members of the board of directors, or other governing body, child care interns,
child care assistants, volunteers, residents enrolled in the program, and any
other individual whom the department determines might have information relevant
to the issues being evaluated; and
(5) Review and reproduce any
forms or reports which the applicant or licensee is required to maintain or
make available to the department under He-C 4001.
(l)
Administrators, other program staff, or other individuals shall not:
(1) Require or request that the
individual being interviewed ask that another person be present for the
interview;
(2) Attempt to influence the
response of any individual being interviewed by signaling them during the
interview, telling them what to say, or threatening them with retaliation for
providing information to the department; or
(3) Require staff or residents
who have been interviewed to provide statements to program administration
regarding their interview.
(m)
Any violation of (l) above or any attempt by or on behalf of program
staff, administrators, or other individuals to prevent program staff,
residents, or other individuals from responding to questions by the department,
or from making a good faith report to the department regarding any concerns
they have about the operation of the program relating to statutory or regulatory
requirements shall be considered failure to cooperate with the department as
specified in (j) and (k) above.
(n)
Except for He-C 4001.12(a), all records and written policies required by
He-C 4001 shall be maintained on file and shall be made promptly available on
the premises of the program for review or be submitted to the department upon
request as follows:
(1) For 2 years from the date
the resident is discharged;
(2) For 2 years from the date
of termination for records related to employees; and
(3) For all other records 2
years from the date the record was created.
(o)
The exception to (n) above shall be when program staff shows good cause
as to why the requested reports or records are not immediately available. In such case, the provider shall make the
records available within 2 business days, or otherwise obtain an extension from
the unit. Good cause shall include
circumstances beyond the licensee’s control or other extenuating circumstances.
(p)
When the individual who has been identified and approved by the
department as program director leaves the position, the licensee or designee
shall:
(1) Notify the department of
the departure of the program director within 10 days;
(2) Within 10 days of the
departure of the director, notify the department of the name of the individual
who is temporarily serving as the program director and who meets at least the
minimum requirements of a direct care staff; and
(3) Within 120 days of the date
of departure of the program director, notify the department and submit
information and documentation required under He-C 4001.02(i) and (j) for the
new, qualified program director.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C 4001.11 Health Requirements for Program Staff and
Adult Household Members.
(a)
A written record of physical examination shall be on file for all
program employees and household members who will have regular contact with
residents.
(b)
The written record of physical examination required in (a) above shall
contain or identify:
(1) The name of the examinee;
(2) The date of the
examination;
(3) Any contagious or other
illness that would affect the examinee’s ability to care for residents or pose
a risk to the health or safety of residents;
(4) A record of a negative
Mantoux Tuberculin (TB) test for individuals who are determined by a licensed
health care practitioner to be at high risk for exposure to Tuberculosis or the
results of a chest x-ray and medical assessment when the individual has a
positive TB test due to prior exposure;
(5) Any known limitations or
restriction that would affect the examinee’s performance of his or her
residential child care responsibilities or pose a risk to the health or safety
of residents;
(6) The signature of the
licensed health care practitioner and date signed; and
(7) The typed or printed name
and telephone number of the licensed health care practitioner.
(c)
The initial record of physical examination for newly hired program staff
shall have been completed not more than l2 months preceding the date of hire or
the date the individual began having regular contact with residents.
(d)
When a newly hired program staff has not had a physical exam in
accordance with (b) above, an appointment for a future physical exam shall be
scheduled within 10 business days of the date the individual begins having
regular contact with residents.
(e)
Physical examinations required under (a) above shall be repeated at
least every 3 years.
(f)
A written record of the repeat physical examination required in (e)
above shall be on file at the program within 60 days of the expiration date of
the previous physical exam record on file at the program.
(g)
When the program director or designee is aware that any program direct
care staff, intern, child care assistant or volunteer have symptoms of illness
that prevent them from being able to perform their duties or pose a health or
safety risk to children, he or she shall prohibit that individual from caring
for residents until the individual has received treatment which ensures that he
or she does not have a communicable disease or is no longer symptomatic.
(h)
When the program director or designee is aware that any program staff,
intern, child care assistant, volunteer, resident, or household member has symptoms
of a reportable communicable disease or is known to have a reportable
communicable disease, the program director or designee shall contact the department’s
bureau of communicable disease control for instructions regarding:
(1) Whether the ill staff
person is required to be excluded from the program;
(2) How to control the spread
of contagious illness; and
(3) Reporting requirements in
accordance with RSA 141-C:7 and He-P 301.
(i)
The only exception to (h) above shall be for human immunodeficiency
virus (HIV) infection, specifically the identity of any individual with HIV
infection shall be held confidential in accordance with RSA 141-F:8.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14
He-C 4001.12 Communicable Disease Issues and Health
Requirements for Residents and Other Children.
(a)
Parental authorization for medical treatment shall be on the premises
for each resident upon his or her first day of residence in the program, except
for residents in short term placement, and available in accordance with He-C
4001.10(n).
(b)
Physical examinations shall be completed for children admitted to the
program as residents and children who reside on the premises of the program.
(c)
A child health form or an equivalent record of physical examination
documenting that a physical examination was completed within the past 12 months
shall be on file for each child, as specified in (b) above, within 30 days of
the date any child begins residing on the premises of the program.
(d)
When a child has not had a physical examination as required in (c)
above, the program shall schedule an appointment for a future physical exam
within 10 business days of the date the child begins residing at the program.
(e)
The child health form or equivalent record of physical examination
required under (c) above shall include at least the following:
(1) The name and date of birth
of the child or resident;
(2) The date of the exam;
(3) Diagnoses, if any, and a
description of any health condition that might affect the child or resident’s
participation in the program;
(4) Documentation of
immunizations, including dates immunized;
(5) A history of illness and
hospitalizations;
(6) Reports of any screening or
assessment;
(7) Notations about the child
or resident’s physical, mental, and social development;
(8) A list of current
medications, both prescribed and over the counter;
(9) Any known allergies;
(10) Dietary needs, including
special diets; and
(11) The signature of a
licensed health care practitioner and the date signed.
(f)
Physical examinations as required under (b) above shall be completed:
(1) At least every 12 months
for each child younger than 6 years of age, with a 60-day grace period to allow
the program to obtain the updated physical examination record; and
(2) At least every 24 months
for each child 6 years of age or older, with a 60-day grace period to allow the
program to obtain the updated physical examination record.
(g) Each resident
shall have a dental examination based upon a schedule, which shall:
(1) Take into account the needs
of the resident as determined by a licensed dentist; and
(2) Provide for each resident
to have a dental examination at intervals of 6 to 12 months.
(h) If the program is
unsuccessful in obtaining dental examinations in accordance with (g)(2) above,
it shall document good faith efforts to schedule an exam.
(i) A written record documenting the date of the
dental exam and treatment needed or provided, shall be maintained on the
premises of the program in each resident’s permanent record.
(j) Other medical exams and evaluations shall be
completed for each resident as necessary to meet his or her medical needs.
(k) When a resident is believed to have a
reportable communicable disease which was not diagnosed by a physician or other
health care provider, the program director or designee shall report the known
or suspected communicable disease to the department’s bureau of communicable
disease control in accordance with RSA 141-C:7 and He-P 301.
(l) The only exception to (k) above shall be for
HIV infection, specifically, the identity of any individual with HIV infection
shall be held confidential in accordance with RSA 141-F:8.
(m) SCPs shall provide services in a residential
setting, including access to nursing or medical care, for all children placed
in the program diagnosed as having functional limitations and are dependent
upon or require medical technology to maintain or improve independence and
health.
(n) SCPs shall provide for the complex health
needs of residents whom are medical technology dependent:
(1) In a manner that affords
the least intrusive intervention available to ensure his or her safety, the
safety of others, and that promotes healthy growth and development;
(2) By providing services and
an environment that meets each resident’s needs; and
(3) By training direct care
staff in the use and care of the specific medical technology device or devices
that residents in their care are dependent upon.
(o) Training
shall include:
(1) How to recognize symptoms
that may indicate a decline in the resident’s health;
(2) Seizures and seizure
disorders;
(3) G/J tube use and care;
(4) Tracheostomy care;
(5) C-pap and Bi-pap care; and
(6) Any intervention or
procedure that will heighten direct care staff’s attention to the health and
well-being of residents, such as topics on medical changes that require
immediate notification for nursing assessment.
(p)
All training and education required in (n) and (o) above shall be
performed by the appropriate medical professional with the requisite education
and licensure to perform such training or utilize outside resources if an
appropriate medical professional is not available.
(q) At the time of admission of a resident with special health care needs or
who is medical technology dependent, the licensee shall obtain written
and signed orders from a licensed practitioner for medications, treatment, and
special diet as applicable.
(r)
No resident shall be admitted until the appropriate training in (n) and (o)
above has been completed.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C 4001.13 Personal Hygiene.
(a)
Program staff and residents shall wash their hands as needed.
(b)
Individuals who are participating in food preparation or food service
shall:
(1)
Wash their hands as often as necessary to remove soil and contamination
and prevent cross contamination;
(2)
Cover any cuts or abrasions with a secure bandage; and
(3) Not
participate in food preparation or food service activities when they have:
a. An infection;
b. A cut or wound which is
running or weeping; or
c. A communicable disease that
could be spread via food preparation or food service.
(c)
Program staff shall not wash their hands after diapering or toileting in
sinks that are used for food preparation or clean up.
(d)
Program staff shall encourage each resident to brush their teeth each
morning and before going to bed, and to shower daily.
(e)
Each resident shall have an opportunity to have a shower or bath, with
adequate hot water, once each day.
(f)
Program staff shall assist residents who are medical technology
dependent, or whose functional needs require direct assistance with daily
personal hygiene. Such assistance shall
be care planned and provided based on resident need.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C 4001.14 Prevention and Management of Injuries,
Incidents, Emergencies and Infection Control.
(a)
The program shall develop policies for how direct care staff shall
respond to incidents, including but not limited to:
(1) Addressing
threats of self-harm and suicidal behaviors by residents;
(2) Medical emergencies;
(3) Addressing threatening
behaviors such as physical and sexual assaults on other residents or staff;
(4) The reporting requirements
in He-C 4001.23(g);
(5) Screening any child who
runs away for indications that the child may be a victim of human trafficking
and notifying necessary personnel;
(6) Managing the behavior of
children, including how and under what circumstances seclusion or restraint is
used, pursuant to RSA 126-U:2;
(7) Accessibility to respite or temporary care
arrangements; and
(8) How staff will be orientated and trained in
accordance with He-C 4001.19(k) and (l) to prepare to work with the population
served by the program.
(b)
All program staff responsible for the care and supervision of residents
shall be familiar with the program’s policies and procedures for managing
injuries and emergencies and have access to information necessary to handle
emergencies.
(c)
Each building that residents will spend time in shall be equipped with a
telephone that is operable and accessible to residents and staff for incoming
and outgoing calls.
(d)
The licensee shall maintain an information data sheet in the resident’s
record and promptly give a copy to emergency medical personnel in the event of
an emergency transfer to a medical facility.
(e)
The information data sheet referenced in (d) above shall include:
(1) Full name and the name the resident prefers,
if different;
(2) Name, address, and telephone number of the
resident’s parent(s), guardian, or agent, if any;
(3) Diagnosis;
(4) Medications, both prescription and over the
counter, including last dose taken and when the next dose is due;
(5) Allergies;
(6) Functional limitations;
(7) Date of birth;
(8) Insurance information; and
(9) Any other pertinent information not specified
in (1)-(8) above.
(f)
At least one residential child care program staff person, who is trained
and currently certified in cardiopulmonary resuscitation (CPR) and first aid by
the American Red Cross, American Heart Association, Emergency Care and Safety
Institute, National Safety Council or other nationally recognized organization
or an individual certified by such organization to train, shall be present:
(1) In each building that is
used as a residence, at all times when residents are present; and
(2) When residents are
participating in any field trips off the premises of the residential child care
program.
(g)
The residential child care program director or designee shall obtain and
maintain on file, available for review by the department, copies of current CPR
and first aid certifications documenting coverage as required in (f) above.
(h)
Each building and program vehicle that is used by residents shall be
equipped with first aid supplies adequate to meet the needs of the residents.
(i)
The first aid supplies shall be stored in a container that is accessible
by residential child care program staff but not accessible to residents.
(j)
First aid supplies adequate to meet the needs of the residents shall be
available during all field trips.
(k)
When the first aid treatment provided for minor scrapes or bruises is
not effective or when a resident’s injury is more than a minor scrape or
bruise, residential child care program staff shall:
(1) If the injuries appear to
be life threatening or appear to be severe, call emergency medical services for
transport to a medical facility by ambulance;
(2) For all other injuries, take the injured resident to a licensed
health care practitioner for medical evaluation and treatment;
(3) As soon as possible after
the injury occurs, notify the person or agency responsible for the resident’s
placement and the parents of the injured resident whenever possible; and
(4) Complete a written incident
report as specified in He-C 4001.23 (a) and (b) within 24 hours of the
incident.
(l)
The program director or designee shall notify the unit, the parent, and
the person or agency responsible for the resident’s placement within 24 hours
of the death of any resident.
(m)
The program director or designee shall provide a written report,
detailing the circumstances of the death, to the unit and the person or agency
responsible for the resident’s placement, within 72 hours of the death of any
resident.
(n)
In (l) or (m) above, in cases involving serious injury or death to a
resident subject to restraint or seclusion in a program, the program shall, in
accordance with and addition to the provisions of RSA 126-U:10, notify the
commissioner, the attorney general, and the disability rights center
(DRC). Such notice shall include the
notification required in RSA 126-U:7, II.
(o)
The program director or designee shall conduct fire drills once each
month in each building that is used as residential child care space.
(p)
Monthly fire drills required in (o) above shall be held at varying
times, including night time hours.
(q)
Programs shall activate the actual fire alarm system for the building
for at least 2 of the monthly fire drills required each year.
(r)
Programs shall ensure that all residents and program staff evacuate the
building during each fire drill including, if applicable, descent using the
route designated on the posted fire evacuation plan.
(s)
The staff person conducting the fire drill shall complete a written
record of each fire drill that shall:
(1) Be maintained on file at
the program for one year; and
(2) Be available for review by
the fire inspector and the department.
(t)
The written record of fire drills required under (s) above shall include
at least the following:
(1) The date and time the drill
was conducted, and whether the actual fire alarm system was activated;
(2) Exits used;
(3) Number of residents
evacuated and total number of people in the building at the time of the drill;
(4) Name of the person
conducting drill;
(5) Time taken to evacuate the
building;
(6) Any problems encountered;
and
(7) A plan for correcting those
problems.
(u)
The program director or designee shall conduct a fire drill in the
presence of a representative of the department or the local fire department
upon request by either of those entities.
(v) If providing withdrawal
management, any new SCPs shall comply with the appropriate chapter of NFPA 101 as published by the National Fire Protection
Association and as amended by the state board of fire control and ratified by
the general court pursuant to RSA 153:5, consistent with the level of needs of
residents being served.
(w) All
programs shall have:
(1) Smoke detectors as approved in
accordance with the State Fire Code, under RSA 153:1, VI-a, Saf-C 6000, and
Saf-FMO 300, including but not limited to NFPA 1 and NFPA 101, as amended by
the state board of fire control and ratified by the general court pursuant to
RSA 153:5, consistent with the appropriate level of care being provided by the
program;
(2) At least one UL Listed, ABC
type portable fire extinguisher, with a minimum rating of 2A-10BC installed on
every level of the building with a maximum travel distance to each extinguisher
not to exceed 50 feet and maintained as follows:
a. Fire extinguishers shall be inspected either
manually or by means of an electronic monitoring device or system at least once
per calendar month, at intervals not exceeding 31 days;
b. Records for manual
inspection, or electronic monitoring shall be kept to demonstrate that at least
12 monthly inspections have been performed;
c. Annual maintenance shall be performed on each
extinguisher by trained personnel, and a tag or label shall be securely
attached that indicates that maintenance was performed; and
d. The components of the electronic
monitoring device or system in a. above, if used, shall be tested and maintained
annually in accordance with the manufacturers listed maintenance manual; and
(3) A carbon monoxide monitor on
every level of the program, in accordance with Saf-C 6015.04.
(x) An
emergency and fire safety program shall be developed and implemented to provide
for the safety of residents and personnel.
(y)
In addition to the policies required in (a) above, the program shall
develop and implement an emergency operations plan (EOP), which
shall:
(1) Be based on the incident
command system and coordinated with the emergency response agencies in the
community in which the residential program is located;
(2) Contain guidelines for personnel responsible for
critical tasks, including, but not limited to the role of center incident
commander, child care, medical treatment, and parental notification; and
(3) Include response actions for natural, human-caused,
or technological incidences including, but not limited to:
a. Evacuation, both within
building and off-site, relocation;
b Secure campus;
c Drop, cover, and hold;
d. Lockdown;
e. Reverse evacuation;
f. Shelter-in-place; and
g. Bomb threat and scan.
(z)
Programs shall develop a continuity of operations plan (COOP) to ensure
that essential functions continue to be performed during, or resumed rapidly
after, a disruption of normal activities.
(aa)
All response actions in (y)(3) above shall include accommodations for children with chronic medical conditions, and children
with disabilities or with access and functional needs.
(ab)
Programs shall practice no less than 2 components of their EOP as
described in (y) above with all staff and children at least twice per year.
(ac)
All staff shall review the program's EOP in accordance with the
following:
(1) For currently
employed staff, within the first 30 days of the development of the EOP pursuant
to (y) above; or
(2) For newly
hired staff, within the first 30 days of employment.
(ad)
In each building of the residential program, the written policies and
procedures in (a) above and the EOP in (y) above shall be in an area easily
accessible and known to residential staff.
(ae)
Programs operating an SCP shall appoint an individual who will oversee
the development and implementation of an infection control program that
educates and provides procedures for staff for the prevention, control, and
investigation of infectious and communicable diseases.
(af)
The infection control program shall include written procedures for:
(1) Proper
hand washing techniques;
(2) The utilization of universal precautions;
(3) The management of residents with infectious
or contagious diseases or illnesses;
(4) The handling, storage, transportation, and
disposal of those items identified as infectious waste in
Env-Sw
904; and
(5) The reporting
of infectious and communicable diseases as required by He-P 301.
(ag)
The infection control education program shall address at a minimum the:
(1) Causes of infection;
(2) Effects
of infections;
(3) Transmission
of infections; and
(4) Prevention
and containment of infections.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C 4001.15 Medication Services.
(a) The licensee shall develop and
implement written policies and procedures regarding administration,
documentation, including a system for maintaining counts of controlled drugs,
protocols for medication occurrences, and control and safety of medication that
are consistent with the requirements of this section.
(b)
Administration of medications to residents shall be performed by authorized
staff, registered nurse (RN), licensed practical nurse (LPN) or licensed health
care practitioners, accurately and in accordance with the resident’s treatment
plan and the licensee’s policies.
(c) Authorized staff shall know and
understand the program’s written policies and procedures regarding the
administration, control, and safety of medication.
(d)
All residents shall be initially assessed to determine the level of
support needed specific to medication administration.
(e)
The assessment pursuant to (d) above shall include the resident’s:
(1) Medication order(s) and medications prescribed;
(2) Health status and health history; and
(3) Ability to manage his or
her medication, consistent with the resident’s treatment plan.
(f)
Program staff shall obtain, or document their efforts to obtain, oral or
written consent from the parent prior to administering any new or changed
prescription medications.
(g)
When the resident’s parent(s) is responsible for supplying the program
with the resident’s medication, program staff shall contact the parent 2 weeks
prior to the end of the supply of medication.
(h)
When the responsibility of providing care to a resident is transferred
to persons outside the program, for example for a home visit, and the resident
is taking prescription medication:
(1) The pharmacy container(s) shall be given to the
person responsible for the resident;
(2) The program shall document the medication name, strength,
prescribed dose, route of administration, and quantity of each medication provided to the persons outside the
program, upon the resident’s transfer of care; and
(3) Upon the resident’s return
to the program, the program shall document the return of any medications
including medication name, strength, prescribed dose, route of administration,
and quantity of each
medication with a description of why the medication was not given as the
medication order stated.
(i) Authorized staff shall administer
only those prescription medications for which there is a medication order.
(j)
Authorized staff shall administer medications only to the residents
about whom they have current knowledge relative to their medication regimes.
(k)
Authorized staff shall maintain a copy of each resident’s medication
orders in the resident’s record.
(l)
Medication orders shall be valid for no more than one year unless
otherwise specified by the licensed health care practitioner.
(m)
Each medication order shall legibly display the following information:
(1) The resident’s name;
(2) The medication name,
strength, the prescribed dose, and route of administration;
(3) The frequency of
administration;
(4) The indications for usage
of all medications to be used PRN; and
(5) The dated signature of the
licensed health care practitioner.
(n)
Written orders from a licensed health care practitioner regarding any
prescription medication that is to be administered PRN shall include:
(1) The indications and any
special precautions or limitations regarding administration of the medication;
(2) The maximum dosage allowed
in a 24-hour period; and
(3) The dated signature of the licensed health care
practitioner.
(o)
In addition to (n) above, authorized staff shall administer PRN
medication in accordance with:
(1) A medication order; and
(2) A PRN protocol approved by
the licensed health care practitioner that includes the specific condition(s)
for which the medication is given.
(p)
Prior to the administration of medication, authorized staff shall obtain
information specific to each medication, including, at a minimum:
(1) The purpose and effect(s) of the medication;
(2) Response time of the medication;
(3) Possible side effects, adverse reactions, and symptoms
of overdose;
(4) Possible medication interactions; and
(5) Special storage or
administration procedures.
(q)
In the event of a medication occurrence, the authorized staff
responsible for the administration of the medication shall forward written
notification to the program director by the close of the next business day.
(r)
When any medication that is administered by program staff results in
serious adverse reactions including, but not limited to, impaired speech,
mobility or breathing, semi-consciousness, or unconsciousness, program staff
shall:
(1) Immediately call 911 or notify a licensed health care
practitioner for instructions regarding the need for emergency or other medical
treatment;
(2) Immediately comply with the instructions provided by the
licensed health care practitioner;
(3) Remain with the resident until he or she is fully
alert and oriented and has recovered all physical capabilities that had been
impaired by the medication, or until responsibility for the resident’s care is
transferred to a licensed health care practitioner in a medical facility; and
(4) Notify or document efforts to notify the parents within
24 hours.
(s)
Prior to administering medication to any resident, program staff shall
complete and document training on medication safety and administration, as specified
in (t) below.
(t)
Training in medication safety and administration, as required in (s)
above, shall:
(1) Be delivered by a physician, APRN, RN, or LPN practicing
under the direction of an APRN, RN, or physician, or by another qualified
individual;
(2) Be provided in person, via
distance learning, a video presentation, or web-based; and
(3) Address the following:
a. The safe storage and
administration of medication, including but not limited to:
1. Administration of the
correct medication;
2. Administration of the
correct dosage of the medication;
3. Administration of the
medication to the correct resident;
4. Administration of the medication to the resident at the correct
times and frequency;
5. Administration of the medication to the resident by the correct
method of administration;
6. Infection control and
aseptic procedures related to administration of medication; and
7. Resident’s rights regarding
refusing medications;
b. Possible side effects and adverse reactions to the medications to be
administered and required reporting regarding those issues;
c. Proper storage, disposal,
security, error control, and documentation as related to the medications to be administered;
d. Any other unusual occurrence
related to the safe storage or administration of medication and reporting requirements regarding those issues;
e. Conditions or situations requiring emergency medical intervention; and
f. Methods of administration including, but not limited to oral, injection,
topical application or inhalation.
(u)
In addition to (t) above, authorized staff shall complete 2 hours of
training annually on medication safety and administration.
(v)
Documentation of training in medication safety and administration shall
be maintained on file at the child care program available for review by the
department.
(w)
For each resident, program staff shall maintain medication information
on file and available for review by the department, which includes, at a
minimum:
(1) A written medication order,
as specified in (m) above, including special considerations for administration for each prescription medication being taken
by a resident;
(2) Written parental authorization to administer
medication, if applicable;
(3) The name and contact information of the parent, if
applicable; and
(4) Allergies, if applicable.
(x)
In addition to (w) above, program staff shall maintain a daily
medication log for each dose of medication administered to each resident.
(y)
The medication log required in (x) above shall:
(1) Be maintained on file in
the program, available for review by the department;
(2) Be completed by the
authorized staff who administered the medication immediately after the medication is administered; and
(3) For each medication prescribed, include at a
minimum:
a. The name of the resident;
b. The date and time the
medication was taken;
c. A notation of any medication
occurrence or the reason why any medication was not taken as ordered or
approved;
d. The dated signature of the authorized staff who administered the
medication to the resident; and
e. For administration of a PRN,
documentation including the reason for administration.
(z)
The licensee shall require that all telephone orders from a licensed
health care practitioner or their agent, for medications, treatments, and diets
are documented in writing, including facsimiles, by the licensed health care
practitioner within 24 hours.
(aa)
In addition to (z) above, authorized staff shall record any changes regarding
prescription medications in the resident’s medication log.
(ab)
All physician medication samples shall legibly display the information
described in (m)(1)–(5) above.
(ac)
No person other than a licensed health care practitioner shall make changes
to the written order of a licensed health care practitioner regarding
prescribed medication.
(ad)
All medication maintained by the program shall be stored as follows:
(1) Kept in a storage area that is:
a. Locked and
accessible only to authorized personnel;
b. Organized to
allow correct identification of each resident’s medication(s);
c. Illuminated in a
manner sufficient to allow reading of all medication labels; and
d. Equipped to
maintain medication at the proper temperature;
(2) Schedule II controlled substances, as defined
by RSA 318-B:1-b, shall be kept in a separately locked
compartment within the locked medication storage area and accessible only to
authorized personnel; and
(3) Topical liquids, ointments, patches, creams,
and powder forms of products shall be stored in a manner such that
cross-contamination with oral, optic, ophthalmic, and parenteral products shall
not occur.
(ae) All medication shall be
accompanied by:
(1) The physician’s written order, which may be the prescription label; and
(2) The manufacturer’s written instructions for dosage.
(af)
Medications such as insulin, inhalers, and epi pens shall be permitted
to be in the possession of a resident in accordance with the resident’s
ability, as specified in the resident’s treatment plan.
(ag)
All medications belonging to staff shall be stored in a locked area,
separate from residents’ medications or otherwise inaccessible to residents.
(ah)
The program director or designee may elect to have a supply of
non-prescription medication available, including but not limited to
acetaminophen, ibuprofen, aspirin, cold medicines, or antacids that may be
administered to residents for minor illnesses, provided those medications are
stored and administered in accordance with the requirements in this section.
(ai)
All medication shall be kept in the original containers or pharmacy
packaging and properly closed after each use unless otherwise allowed by law.
(aj)
Any contaminated, expired, or discontinued medication, whether
prescription or over the counter, shall be destroyed within 7 days of
identification as contaminated, expired, or discontinued.
(ak)
Destruction of prescription drugs under (aj) above shall:
(1) Be accomplished by an authorized staff and witnessed by one
staff; and
(2) Be documented in the resident’s medication record,
including the legible, dated signature of the staff person who disposed of the
drugs and the staff person who witnessed the disposal.
(al)
All medication shall be destroyed in accordance with the United States
Environmental Protection Agency’s, “How to Dispose of Medicines Properly”
guidance, (April 2011), available as noted in Appendix A.
(am)
Programs providing SUD services shall have a clearly identified policy
for storage and administration of naloxone that includes the following:
(1) The
process for regularly reviewing and updating the standing order for the
naloxone kits on the premises;
(2) The
process for ensuring regular review of naloxone kits for expiration;
(3) If naloxone is administered, the policy shall
include a statement that 911 shall be called immediately; and
(4) If naloxone is
not administered but an overdose is suspected, the policy shall include a
statement that 911 shall be called immediately.
(an)
Medication administered by individuals authorized by law to administer
medications shall be:
(1) Prepared
immediately prior to administration; and
(2) Prepared,
identified, and administered by the same person in compliance with RSA 318-B
and RSA 326-B.
(ao)
Personnel shall remain with the resident until the youth has taken the
medication.
(ap)
If a nurse delegates the task of medication administration to an
individual not licensed to administer medications, the nurse shall follow the
requirements of RSA 326-B.
(aq) Programs providing SUD services shall have a written policy establishing
procedures for the prevention, detection, and resolution of controlled
substance misuse, and diversion, which shall apply to all personnel, and which
shall be the responsibility of a designated employee or interdisciplinary team.
(ar) The policy in (aq) above shall include:
(1) Education;
(2) Procedures
for monitoring the distribution and storage of controlled substances;
(3) Voluntary
self-referral by employees who are misusing substances;
(4) Co-worker reporting procedures;
(5) Drug
testing procedures to include at a minimum, testing where reasonable suspicion
exists;
(6) Employee
assistance procedures;
(7) Confidentiality;
(8) Investigation,
reporting, and resolution of controlled drug misuse or diversion; and
(9) The
consequences for violation of the controlled substance misuse, and diversion prevention
policy.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C 4001.16 Residential Child Care Space.
(a)
In all programs, space that is designated, inspected, and approved as
residential child care space shall not be used for any purposes or activities
that could jeopardize the health or safety of residents or otherwise negatively
impact the residential child care program.
(b)
Residential child care programs shall provide:
(1) A living room or community
space with comfortable furnishings, available, and accessible to residents for regular and informal use for general
relaxation and entertainment;
(2) Bedrooms that are separated by gender and that have:
a. A minimum of 50 square feet
of floor space per occupant;
b. Ceilings that are at least 7
feet high at the highest peak;
c. An outside window; and
d. An operable door;
(3) An area that is suitable
and available for private discussions and counseling sessions;
(4) Sturdy, comfortable furniture and furnishings, that
are clean and in good repair;
(5) Bathroom facilities that
provide residents with age appropriate privacy while changing clothes,
showering, attending to personal hygiene, and using the toilet;
(6) When available on site,
outdoor space that is maintained in a neat, safe, clean condition and is
available to residents for active recreation; and
(7) Screens for all operable windows in the facility.
(c) If seclusion is used, then rooms used for
seclusion shall be in compliance with the provisions of RSA 126-U:5-b.
(d)
Programs shall have a communication system in place so that residents
and staff can effectively contact personnel when they need assistance with care
or in an emergency.
(e)
Programs shall assure that:
(1) Damage
to the residence, such as holes in walls and doors, is repaired within 7 days,
or as soon as possible after the damage has occurred; and
(2) Any
hazardous condition in the licensed premises, including but not limited to
those identified in He-C 4001.17(a), is
immediately addressed, and that residents do not have access to any hazardous
conditions or materials pending repair or replacement.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C 4001.17 Health and Safety in the Residential Child
Care Environment.
(a)
Program staff shall maintain the residential child care environment free
of conditions hazardous to residents, including but not limited to, the
following:
(1) Electrical hazards;
(2) Guns, or live or spent
ammunition;
(3) Holes in flooring, loose
floor tiles or loose throw rugs, which present a slipping or tripping hazard;
(4) Loose and flaking paint which is accessible to
residents;
(5) Unclean conditions, which demonstrate a lack of
regular cleaning;
(6) Inadequate protections against insects and rodents; and
(7) Garbage and rubbish stored in an unsanitary manner.
(b)
When interior or exterior surfaces of a building built prior to 1978 are
in deteriorating condition, including flaking, chipping and peeling paint, or
are subject to renovations or construction, a U.S. Environmental Protection
Agency certified Renovation, Repair, and Painting (RRP) contractor shall be utilized
to make the deteriorated surfaces intact, in accordance with 40 CFR1.745.90(a)
and (b) and He-P 1600.
(c)
When there is information or evidence indicating that the building might
contain asbestos hazards, the applicant, licensee, or designee shall submit
evidence that the building has been inspected by a licensed asbestos inspector
and is free of asbestos hazards or otherwise treated or contained in a manner
approved by a licensed asbestos inspector.
(d)
Program staff shall clearly label and store all toxic materials,
including, but not limited to, cleaners, household chemicals and paint,
separate from food items, in cabinets which are locked or otherwise
inaccessible to residents.
(e)
Notwithstanding (d) above, at the discretion of the program director,
residents may be allowed to use household cleaning products to complete a
specific task, provided the resident completing the task shall be under the
supervision of program staff while the cleaning chemicals are accessible, and
the cleaning products shall not be accessible to other residents not involved
in the cleaning task.
(f)
Program staff shall maintain on file at the residence documentation of
current vaccinations as required by law for all pets and animals that are
present on the premises of the program.
(g)
Pets and animals that have been determined by the department to pose a
health or safety risk to children shall not be permitted on the premises of the
program, including, but not limited to, the following:
(1) Bats;
(2) Turtles;
(3) Tortoises;
(4) Snakes;
(5) Iguanas;
(6) Other lizards or reptiles;
(7) Hedgehogs;
(8) Parakeets; and
(9) Parrots and parrot-like
birds.
(h)
All enclosed living areas used by residents shall:
(1) Be
ventilated by means of a mechanical ventilation system or one or more screened
windows that can be opened, and will not pose a hazard to residents; and
(2) From September 1 through May 31, have a safe,
functioning heating system, which is cleaned,
serviced, and maintained at least once annually and which ensures that whenever
residents are present, or expected to arrive within one hour, the temperature
is maintained at:
a. Not less than 65 degrees
Fahrenheit during waking hours, except for areas being used for active physical
exercise or recreation; and
b. Not less than 55 degrees
Fahrenheit during sleeping hours.
(i)
Program staff, child care interns, and volunteers shall not smoke or use
tobacco products while they are responsible for the care of residents or within
sight of residents, nor allow residents to smoke or use tobacco, have access to
tobacco products, or be exposed to second hand smoke.
(j)
All living space and recreation areas used by residents shall be
equipped with operable lighting sufficient to allow individuals to enter, exit
and move about the premises of the program safely.
(k)
All toys, equipment and learning materials shall be:
(1) In good repair;
(2) Safe;
(3) Free of lead paint or other poisonous material;
and
(4) Cleaned as often as needed to keep them free of a
buildup of dirt.
(l)
Licensees shall provide sufficient sturdy tables and chairs to ensure
each resident’s comfort for meals, snacks, and for work or play at tables.
(m)
Licensees shall provide each resident with a bed equipped with:
(1) A pillow and a firm
mattress that is:
a. Clean;
b. In good repair;
c. Free from rips or holes in
the fabric covering that would allow residents access to the interior components of the mattress;
d. Cleaned and sprayed with a disinfecting spray before being used for a new
resident; and
e. Replaced or sanitized promptly if soiled by urine, feces, blood, or vomit; and
(2) Adequate bedding to insure his
or her comfort that is cleaned and maintained as follows:
a. Sheets and pillow cases shall
be cleaned at least once each week and more frequently if soiled; and
b. Blankets, comforters,
bedspreads, and mattress covers shall be cleaned at least once each month and
more frequently if soiled.
(n) Programs shall provide separate sleeping and bathroom facilities for staff and
family members of staff who reside in the program.
(o) Program staff shall maintain the outside play areas free of hazards.
(p) During activities conducted in the water, including wading, swimming and boating,
the following shall apply:
(1) All activities shall be
supervised in accordance with the following:
a. Program staff shall provide
close supervision to residents at all times, to include a ratio of one staff to
no more than 4 residents when no lifeguard is present;
b. At least one staff person who is currently
certified in CPR and first aid shall be present with the residents at all
times;
c. At least one staff person
who has completed training in water safety shall be present with the residents at all times;
d. A
rescue buoy, ring buoy, or water rescue throw bag shall be brought to or
present at all swimming and boating activities where there is no lifeguard
present; and
e. Notwithstanding a. through
d. above, a program may allow a resident to be at a water activity
independently, if the program director provides a written and dated
authorization, after assessing the following:
1. A resident’s swimming
ability, such as whether he or she has completed a Red Cross or other
recognized swimming program;
2. A resident’s ability to be
independent;
3. Under what circumstances the
resident may be at a water activity independently; and
4. Whether or not a lifeguard
must be on duty or a parent or other adult must be present at the water activity;
and
(2) All pools used as part of
the residential child care operation shall be maintained in accordance with the
printed instructions of the manufacturer or installer regarding cleaning,
filtration, and chemical treatment, and the following:
a. Swimming pools shall be
secured in a manner that is childproof and lockable; and
b. Pool gates, fences, or other
barriers as required in a. above shall be locked at all times, except when the
residents are involved in an allowable water activity in the pool.
(q)
Program staff shall comply with the following food service requirements:
(1) All foods that will be
served to residents shall be:
a. Free from spoilage, filth,
or other contamination;
b. Stored in a clean dry
location;
c. Protected from sources of
contamination;
d. Stored in containers at
least 6 inches above the floor;
e. Stored separate from
non-food items that could contaminate food or be mistaken for food;
f. Stored in the original
containers or in labeled containers designed for food storage; and
g. Stored, handled, and
prepared in a manner that protects against cross contamination between uncooked
meat, poultry or fish, and other food items;
(2) Canned goods that are
dented, bulging, or rusted shall not be served to residents;
(3) All perishable foods which
are to be served to residents shall be stored at temperatures of 41 degrees
Fahrenheit or below in a refrigerator and at 0 degrees Fahrenheit or below in a
freezer;
(4) Refrigerators and freezers
used to store foods that will be served to residents shall be clean;
(5) Refrigerators and freezers used to store foods that will be served
to residents shall be equipped with non-mercury, food-grade thermometers; and
(6) Food contact surfaces shall
be easily cleanable, smooth, free of cracks, breaks, and open seams or similar
difficult to clean imperfections and kept clean.
(r)
Toys or other items which are routinely mouthed by residents shall be
cleaned and sanitized after each use by a resident, and at the end of each day.
(s)
Residents who have developmental delays and are likely to put objects in
their mouths, shall be closely supervised when they have access to the items
noted in (t)(1)c. and (11) below.
(t)
Program staff shall comply with the following child age related
environmental health and safety requirements:
(1) Residents younger than 6
years of age shall not have access to the following:
a. Cords or strings long enough
to encircle a resident’s neck, including but not limited to pull toys, telephone
cords, and window blind cords;
b. Balusters which are spaced
more than 3 1/2 inches apart on handrails and guardrails on play structures,
lofts, stairs, steps, decks, porches, balconies, or other barriers;
c. Sharp knives and sharp
objects or objects with sharp edges, except that, at the discretion of program
staff and under close supervision, program staff may allow use of scissors or
knives for specific cooking projects, craft projects, or meal times;
d. Unstable or easily tipped
heavy furnishings or other heavy items which, if not secured to the wall or
floor or both, could easily fall on residents and would be likely to cause
injury; and
e. Toy boxes and any other
chest type storage facilities that have a lid that does not have a safety lid
support;
(2) Play areas accessible to
residents younger than 6 years of age shall be enclosed by a fence when the
department determines that the play area is unsafe because it is located on a
roof, or adjacent to any of the following:
a.
b. Any dangerous areas, any
swimming pool, or any body of water;
(3) All fencing required under
(2) above shall:
a. Be designed to restrain
residents from climbing out of, over, under, or through the fence;
b. Have a child proof self-latching
device on any gates; and
c. Be maintained in good
repair, free of damage or wear that could expose residents to hazards;
(4) When accessible to
residents younger than 6 years of age, ground area under and extending at least
39 inches beyond the external limits of outdoor play equipment which would
allow a resident to fall from a height of more than 29 inches shall be
constructed and maintained at all times with an energy absorptive surface,
including but not limited to sand, bark mulch, pea stone, soft wood chips, or
rubber mats manufactured for use as gym mats;
(5) The energy absorptive
material required in (4) above shall be:
a. Maintained at a depth of at
least 8 inches; and
b. Checked and raked regularly
to remove any foreign matter, correct compaction, and increase absorption;
(6) Adult toilets and hand
washing sinks used by residents younger than 6 years of age shall be equipped
with footstools or platforms;
(7) Foot stools or platforms
required in (6) above shall:
a. Have a non-porous finish
that is easily cleanable; and
b. Be designed to prevent
tipping;
(8) The fall zone under and
around all indoor swings, slides, and climbing equipment from which a child
could fall from a height of more than 29 inches shall be covered with mats
designed for gymnastics, if they are accessible to or will be used by residents
younger than 6 years of age;
(9) Children younger than 3
years of age shall not have access to stairs or steps that are not equipped
with safety gates;
(10) Baby walkers with wheels
shall be prohibited in all programs;
(11) Residents younger than 4
years of age shall not have access to toys, toy parts, and other materials
which pose a choking risk or are small enough to be swallowed, such as coins
and balloons;
(12) There shall be an
individual crib or playpen for each resident 12 months of age and younger; and
(13) Cribs and playpens
required under (12) above shall:
a. Not be stacked;
b. Be free of cracked or
peeling paint, splinters, and rough edges;
c. Have no more than 2 3/8
inches between slats;
d. Have no missing, loose, broken, or improperly installed parts,
screws, brackets, baseboards or other loose hardware or damaged parts on the
crib or mattress supports;
e. Not have corner posts that extend more than one sixteenth of an
inch above the end panels;
f. Not have cutouts in the
headboard or footboard;
g. Not have holes or tears in
the mesh walls or in the material that connects the walls to the bottom of the
crib or play pen; and
h. Have mattresses which:
1. Are in good repair, free of
rips or tears; and
2. Fit the crib or playpen so
that space between the mattress and the crib or playpen does not create a
suffocation hazard.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C 4001.18 Water Supply, Septic Systems, Bathroom
Facilities.
(a)
The licensee shall supply a safe supply of water under pressure, which
is available for drinking and household use in accordance with the following:
(1) Hot water under pressure,
which measures at least 100 degrees Fahrenheit, shall be available at all
sinks, showers, and bathtubs located in living space that is used by residents
during operating hours;
(2) Hot water at taps that are
accessible to residents shall be regulated to maintain a temperature at the tap
of not higher than 120 degrees Fahrenheit;
(3) In accordance with Env-Dw 501.04(c), a
program that has a public water system as defined in RSA 485:1-a, XV and
subject to regulation by the department of environmental services, shall have
on file a written document which lists the United States Environmental
Protection Agency identification number of the system, assigned by the
department of environmental services;
(4) The written documentation
required in (3) above available shall be available for review by the health
officer and the department;
(5) Programs that have their own independent
water supply and are not considered to be public water systems
as defined in RSA 485:1-a, XV, shall test their water supply in accordance
with the following:
a. Water testing shall be performed by a
laboratory accredited under the environmental laboratory accreditation program
in accordance with Env-C 300;
b. For new applicants, not more than 90 days
prior to the date the application is submitted to the department, water testing
shall be conducted for arsenic, bacteria, nitrate, nitrite, lead, both stagnant
and flushed, copper, both stagnant and flushed, fluoride, and uranium and
results provided to the department with the application; and
c.
Ongoing water testing shall be conducted as follows and results
maintained on file at the program, available for review by the health officer
and the department:
1.
Once every 3 months for bacteria;
2.
Annually for arsenic, nitrate, and nitrite; and
3. At least once every 3 years for stagnant
lead, stagnant copper, fluoride, and uranium;
(6) The results of water tests required by
(a)(5)b. and c. above, and results of any other water tests shall be in
compliance with the maximum contaminant levels established in Env-Dw 700 for
bacteria, nitrates, nitrites, arsenic, and fluoride, and shall not exceed the
action levels established in Env-Dw 714 for lead and copper;
(7) Any program whose water test result has
exceeded maximum contaminant levels or action levels shall:
a.
Immediately contact the department to report that finding, and provide
the department with a plan for how it will ensure that children will not be at
risk from exposure to the unsafe water; and
b.
Within 30 days of the date the program learns that they have failed a
water test submit to the department an acceptable corrective action plan which
details what action will be taken to correct the unsafe condition of the water
and a date by which that action will be complete, unless the program requests,
either verbally or in writing, and the department agrees to extend that
deadline based on the following criteria:
1. The program demonstrates that it has made a
good faith effort to develop and submit the corrective action plan within the
30-day period but has been unable to do so; and
2.
The department determines that the health, safety or well-being of
children will not be jeopardized as a result of granting the extension; and
(8) When a program fails to submit a written
proposed corrective action plan within 30 days of receiving the unacceptable
test result under (a)(7)b. above, the department shall initiate action to
suspend the license or permit in accordance with He-C 4001.09(i), until such
time as laboratory results meeting those requirements are received by the
department.
(b)
Programs shall ensure that there are functional sewage disposal
facilities designed to accommodate the license capacity of the program, in
accordance with the following:
(1) There shall be no visible sewage on the grounds;
(2) There shall be flush
toilets in working order connected to a sewage disposal system; and
(3) Any program whose septic system is showing signs of failure, shall:
a. Immediately make
arrangements with a contractor licensed to evaluate and repair or replace
septic systems to:
1. Make temporary repairs to
the septic system to correct the problem so that the program may continue to
operate; or
2. Make permanent repairs to
the septic system or replace the septic system;
b. Immediately contact the
local health officer to inform him or her of the problem;
c. Immediately contact the department to verbally report the problem,
and give the department a plan for how it will immediately provide that:
1. All required bathroom units
function properly; and
2. Residents will not be
exposed to any risks from the failed septic system;
d. Within 10 days of the date
that program staff first notice signs indicating that the septic system is in
failure, submit to the department a written plan, which includes:
1. What action has been taken
to correct the failed septic system;
2. The date by which that
action will be completed; and
3. An explanation of how the
program will ensure that the requirements in (b) (3) c. 1. and 2. above will continue
to be met until repair or replacements are completed; and
e. Request an extension to d.
above which the department shall grant if additional time is necessary to
develop a written plan and the safety and well-being of the residents is
maintained.
(c)
Programs shall ensure that in each building in which residents reside,
for every 4 residents there shall be one bathroom unit that is accessible to
residents and equipped with:
(1) An operable door; and
(2) A properly functioning sink, toilet, and shower or tub.
(d)
Programs shall maintain bathroom facilities in accordance with the
following:
(1) At least once each day and whenever visibly soiled, sinks, toilets, commodes,
foot stools, potty chairs, and adapters shall be cleaned to remove visible dirt
and sanitized;
(2) Toilet paper, individual
cloth or paper towels, and individual bar or liquid soap shall be available and
accessible to residents and staff;
(3) Bathrooms shall have a means of outside ventilation; and
(4) Bathroom floors and other surfaces shall be cleaned at least weekly, and more
often when obviously soiled.
(e)
In addition to the requirements for toilets set forth in (c) above,
programs that serve residents younger than 3 years of age shall:
(1) Provide additional child size toilets, adult toilets with adapters, or potty
chairs to meet the needs of such residents;
(2) Place potty chairs within
easy access to a toilet and sink to allow program staff to proceed to the toilet to empty the potty chair and proceed to the hand washing sink after
toileting without having to open doors or gates, or have physical contact with
other residents;
(3) Not place potty chairs or commodes in food preparation areas or food
service areas; and
(4) Empty and sanitize each potty-chair and commode receptacle after each use.
(f)
Programs serving diapered residents and residents who are not toilet
trained shall have a designated diaper changing area that:
(1) Is not located in kitchens,
food preparation or food service areas, or on surfaces where food is prepared or served;
(2) Is located adjacent to or
in close proximity to a hand washing sink to allow access for hand washing
without having to open doors or have physical contact with other residents;
(3) Has a non-porous, washable
surface, which shall be sanitized after each diaper change and used exclusively
for diaper changing;
(4) Contains a foot-activated receptacle for disposal of soiled disposable diapers
and cleansing articles; and
(5) Is equipped with a sink used for adult and resident hand washing before
or after diaper changing or toileting.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C 4001.19 Requirements for Program Staff.
(a)
Program staff shall:
(1) Relate with residents in a professional, respectful manner; and
(2) Have the ability to
identify the needs and problems of the children and possess skill in planning and implementing services of the program.
(b)
The program director or designee shall, for each staff person who is
responsible for the care, supervision, or treatment of residents, have on file
available for review by the department documentation of job qualifications such
as:
(1) All required education, such as a diploma, transcripts, certificates, or
degrees; and
(2) All required training and experience, as set forth on an application form
or resume.
(c)
For the purposes of this section, the field of human services shall
include residential care, education, social work, mental health, law
enforcement, psychology, sociology, pastoral counseling, theology, juvenile
justice, medical services, corrections, substance abuse, social services,
recreation, or a related field.
(d)
The department shall accept the following education and training for
program staff:
(1) Credit courses in human services, offered by a regionally accredited college
or university, toward meeting pre-service and in-service training requirements;
(2) Non-credit courses in human
services, which are offered by a regionally accredited college or university, toward meeting pre-service and in-service training requirements at a
ratio of 12 contact hours equal one credit; and
(3) Conference sessions, workshops, non-credit correspondence courses
or other non-credit distance learning courses related to human services, that
are open to individuals working in the residential child care field or to the
public or both, and are presented by an instructor who has at least a
bachelor’s degree in human services or the subject area in which he or she is
teaching, at a ratio of 12 contact hours equals one credit.
(e)
The program director shall meet at least one of the following
pre-service training and education options:
(1) A master’s degree in the field of human services, business
administration, or public administration, awarded
by a regionally accredited college or university, plus 2 years of experiences
as a professional in human services, which included administrative
responsibilities; or
(2) A bachelor’s degree with a minimum of 12 credits in the field of human services,
business administration, or public administration, awarded by a regionally
accredited college or university, plus 3 years of experience as a professional
in human services, which included administrative responsibilities.
(f)
Direct care staff shall be at least 21 years of age, have a high school
diploma, high school equivalency certificate, or general equivalency diploma,
and meet one of the following pre-service training and education requirements:
(1) An associate’s or higher
degree with a minimum of 12 credits in the field of human services, or other
field related to residential care, awarded by a regionally accredited college
or university;
(2) The equivalent of 2 years
of full-time experience working with children, either as a paid employee or
volunteer;
(3) Any combination of college credits in human services and experience with children
that total 2 years, as follows:
a. Two years of full-time
college shall equal 60 credits;
b. Two years of full-time
employment shall equal 3000 hours; and
c. One credit shall equal 50
hours of experience; or
(4) Documentation of 7 years of
parenting experience.
(g)
When an applicant for a direct care staff member does not meet one of
the provisions in (f) above:
(1) An agreement shall be on
file, signed, and dated by the individual and the program director or designee,
which includes a written plan for:
a. Attaining 12 credits in
human services within 2 years from the date that the individual begins working
as a direct care staff, with documentation on file of the completion of 3
credits every 6 months, beginning on the date of hire;
b. How the program will
supervise the individual while they are working on acquiring the required 12
credits; and
c. Maintaining current
documentation of earned credits on file in the individual’s personnel file; and
(2) No more than 30% of staff shall be hired under the provisions of (g)(1)a.
above.
(h)
A child care assistant, intern, or volunteer shall:
(1) Be at least 18 years of
age;
(2) Work at all times under the supervision of an on-duty staff person who
meets at least the minimum qualifications for the position of direct care
staff;
(3) Not be responsible for the
care or supervision of residents including treatment, discipline, physical intervention, counseling, or administration of medication; and
(4) Not be included in the
staff to child ratio.
(i)
Supervision as referenced in (h) above shall require that a staff person
who meets at least the minimum qualifications of direct care staff shall at all
times have:
(1) Knowledge of and
accountability for the activity and whereabouts of the child care interns,
child care assistants, or volunteers and the residents with whom he or she is
working; or
(2) The ability to either see
or hear the child care intern, child care assistant, or volunteer and the residents with whom he or she is working.
(j)
The exception to (i) above shall be that the program director or
designee may at his or her discretion, authorize a specific child care
assistant, intern, or volunteer to be responsible for one or more residents
during time limited, specific activities, either indoors or outdoors, including
off premises.
(k)
Prior to having contact with residents or food, personnel shall receive
a tour of and orientation to the program that includes the following:
(1) The program’s
complaint procedures;
(2) The duties and
responsibilities of the position;
(3) The medical
emergency procedures;
(4) The emergency and
evacuation procedures;
(5) The infection control procedures;
(6) The program confidentiality requirements;
(7) Grievance
procedures for both staff and residents;
(8) The procedures
for food safety for personnel involved in preparation, serving, and storing of
food, as applicable;
(9) The policies required
in He-C 4001.14(a); and
(10) The mandatory
reporting requirements including RSA 161-F:46 and RSA 169-C:29.
(l)
No new direct care staff shall be solely responsible for residents in
care until he or she has completed the orientation required above.
(m)
The licensee shall provide all personnel with an annual continuing
education or in-service education training, which at a minimum contains the
following:
(1) The licensee’s
infection control program;
(2) The licensee’s
written emergency plan;
(3) The licensee’s policies and procedures; and
(4) The mandatory reporting requirements
including RSA 161-F:46 and RSA 169-C:29.
(n)
The licensee shall:
(1) Educate personnel about the needs and
services required by the residents under their care and document such education
to include demonstrated competencies; and
(2) Ensure that all personnel have received the
training necessary to be qualified personnel to include demonstrated competency
in the training given with documentation maintained in the employee personnel
file.
(o) Personnel and staff shall not:
(1) Be impaired while on the job by any substances
including, but not limited to, legally prescribed medication, therapeutic
cannabis, alcohol, or illegal drugs; or
(2) Expose residents to tobacco, alcohol, or illegal drugs or controlled substances.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C 4001.20 Staffing.
(a)
Program staff shall provide care and supervision at all times to ensure
that residents are safe and that their needs are met according to their
developmental level, age, emotional or behavioral needs, and in accordance with
their treatment plan.
(b)
In all programs there shall be a program director that assumes
responsibility for the daily operation of the program.
(c)
Programs shall, at a minimum, maintain the following staff to resident
ratios and retain documentation of it for a 6-month period:
(1) Independent living homes
shall maintain a minimum staff to resident ratio of one staff person to 8 residents during awake hours and one staff person to 12
residents during sleeping hours; and
(2) All other programs shall
maintain a minimum staff to resident ratio of one staff person to 6 residents
during awake hours and one staff person to 12 residents during sleeping hours.
(d)
Notwithstanding the required minimum staff to resident ratios specified
in (c) above, when a staff person takes one or more residents off the premises
for a routine trip, such as a medical or dental appointment, recreation or
social activity, the program may have one fewer staff person with the residents
who will remain on the premises of the program, provided that:
(1) The program director or
designee has authorized the reduced staff to resident ratio, based upon his or
her determination that the staff remaining on the premises of the program can
meet the individual needs of
each resident; and
(2) In no case shall the staff
to resident ratio go below one to 12.
(e)
Notwithstanding the staff to resident ratios set forth in (c) and (d)
above, when a resident’s treatment plan requires that a resident needs a staff
to resident ratio that is more stringent than the required staff to resident
ratios, the program shall comply with the resident’s treatment plan.
(f)
The licensee shall assign at least one staff to help orient a newly
admitted resident to the program and to the services available to the resident.
(g)
Programs operating an SCP shall have sufficient hired and contracted
staff to meet the needs of residents.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C 4001.21 Programming Requirements for Residents.
(a)
Program staff shall, with input from the person or program placing the
resident, have referral information on each resident, including:
(1) The reason for the placement;
(2) The anticipated length of stay;
(3) The contact information for the parent or guardian; and
(4) The contact information for the person or program placing
the resident.
(b)
Except for residents in short term placement, a written treatment plan
shall be in place for each resident no later than 30 days from the date of
admission.
(c)
The written treatment plan required in (b) above shall identify:
(1) The resident’s physical, social, behavioral, medical, and
educational needs; and
(2) How the program will meet those needs.
(d)
Program staff shall review and modify the written treatment plan
required in (b) above as the resident’s needs change.
(e)
Once the written treatment plan required in (b) above is developed,
program staff shall familiarize themselves with the identified needs of each
resident and implement the plan.
(f)
The program director or designee shall:
(1) Not rely upon residents to
maintain the facility; and
(2) Only allow residents to perform work inside or outside
the program, which is:
a. Compliant with child labor
laws and regulations; and
b. Consistent with the
resident’s age and abilities.
(g)
Program staff shall:
(1) Plan daily activities that
promote healthy development and provide for social relationships, creative activities, hobbies, and participation in neighborhood,
school, and other community groups appropriate to the age, developmental level,
and needs of each resident;
(2) Provide that work assignments for the resident do not
interfere with the regular school programs, study periods, recreation, or
sleep;
(3) Provide each resident with clothing that is
individually fitted and appropriate to the season;
(4) Instruct each resident
regarding good health practices, including proper habits in eating, bathing and
personal hygiene;
(5) Provide each resident with
a clean towel and washcloth weekly, or more often if towels or washcloths
become soiled or odorous; and
(6) Provide each resident with
necessary individual toilet articles and supplies for personal grooming and
hygiene suitable to their age and needs.
(h)
Each child shall have education and training, including:
(1) Regular school attendance as required by law; and
(2) The opportunity to complete high school or the opportunity
for vocational guidance.
(i)
Academic programs within the facility shall meet the requirements of the
(j)
Each child shall be given the opportunity to practice his or her
religious beliefs.
(k)
The program staff shall assess the resident's needs and prepare a
discharge plan at least 30 working days prior to the resident's discharge,
except in the case of an unplanned or emergency discharge.
(l)
In the case of an unplanned or emergency discharge, the program staff
shall prepare a discharge summary, which explains the circumstances of the
discharge as soon as practicable.
(m)
The program shall not exceed the maximum number of residents licensed by
the department, unless authorized by the department, such as during an emergency.
(n)
The licensee shall:
(1) Establish procedures to
prepare the staff and residents for the arrival of new resident; and
(2) Provide staff with appropriate information to
receive the new resident and assist in his or her adjustment, which shall
include at a minimum:
a. Reason for placement,
medical condition(s) and behavior problems, as applicable; and
b. Specific instructions
related to the individual needs of the resident, including the need for an
individualized restraint method consistent with RSA 126-U, if appropriate.
(o) Licensees shall:
(1) Meet the needs of the residents;
(2) Initiate action to maintain the program in
full compliance at all times with all relevant health and safety requirements
contained in applicable federal, state, and local laws, rules, regulations, and
ordinances;
(3) Establish,
in writing, a chain of command that sets forth the line of authority for the
operation of the program;
(4) Verify
the qualifications of all personnel; and
(5) Provide
sufficient numbers of personnel who are present in the program and are
qualified to meet the needs of residents during all hours of operation.
Source. #2664, eff 3-30-84,
EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C 4001.22 Discipline.
(a)
Program staff shall:
(1) Establish and make
residents aware of rules or limits for acceptable behavior which are consistently applied, realistic, designed to promote
cooperation and respect, and are appropriate and understandable to the
development level of the resident; and
(2) Make residents aware of the
consequences of not complying with the established limits or rules for acceptable behavior.
(b)
Program staff shall not:
(1) Abuse or neglect residents;
(2) Use corporal punishment;
(3) Attempt to control any
resident’s behavior by actions which are humiliating, threatening, shaming,
frightening, or otherwise damaging to residents;
(4) Withhold food from residents;
(5) Shame, humiliate, or
discipline any resident for toileting accidents;
(6) Prevent a resident from
using bathroom facilities, except as necessary to protect a resident’s safety,
as documented in the resident’s case plan or treatment plan;
(7) As a means of discipline or punishment:
a. Require or deny residents
sleep or rest;
b. Require residents younger
than 6 years of age to go to their crib, bed, or playpen;
c. Withhold a resident’s shoes or clothing, except as necessary to
protect the resident’s health or safety or to prevent the resident from running
away;
d. Require a resident to
perform physical exercise or perform tasks, which are humiliating, unusual, or
physically exhausting; or
e. Use group punishment for
misbehaviors of individuals except when documented as part of the treatment
plan;
(8) Use sensory deprivation;
(9) Use mechanical restraints,
and specifically any equipment, material, or device that is applied to a resident for the purpose of restricting his or her
movement or activity; or
(10) Allow residents to discipline other residents.
(c)
Each use of time out shall:
(1) Not be in a locked room;
(2) Be appropriate to the resident’s developmental level and
circumstances; and
(3) Be limited to the minimum amount of time necessary to:
a. Allow the resident to regain
self-control;
b. Be effective as a
consequence; or
c. Protect the safety of the
resident in time out or other residents.
(d) The applicant, licensee, program
director and program staff shall take prompt action to protect residents from
abuse, neglect, corporal punishment, or other mistreatment by any individual.
(e)
Program staff shall use restraint in accordance with RSA 126-U.
(f)
Program staff shall use seclusion in accordance with RSA 126-U.
(g) The staff person in charge shall
evaluate each use of seclusion at least every 60 minutes to determine if
further use of this intervention is necessary.
(h)
Each use of seclusion or restraint shall be documented on an incident
report in accordance with He-C 4001.23, He-C 4001.14(t)(5), and RSA 126-U:7.
(i)
The program director, treatment coordinator, or designee shall review
the documentation regarding each use of seclusion no later than one working day
after its use, and sign and date the documentation.
(j)
Before any program staff participates in a physical intervention or the
use of seclusion he or she shall have completed a curriculum in physical
intervention techniques that is designed to protect the child from risk of harm
to self, others, property, or the public.
(k)
Physical intervention methods used shall be consistent with the
curriculum required in (j) above and be reviewed annually with program staff to
maintain competency.
(l)
Physical intervention shall be used only:
(1) After less restrictive
behavior management techniques have been tried and found to be ineffective in
helping the resident gain control; and
(2) When necessary to:
a. Ensure the physical safety
and security of the out of control resident, or other residents;
b. Prevent harm to program
staff or other persons; or
c. Prevent serious damage to
property.
(m)
To reduce the risk of injury to a resident as a result of physical
intervention, program staff shall use the minimum amount of force necessary to
control the resident.
(n)
During any physical intervention process, program staff shall evaluate
the resident throughout the process, to ensure that the resident is not being
injured, and to determine whether continued physical intervention is necessary.
If the physical intervention exceeds 15 minutes, approval from the program
director or a supervisory employee designated by the program director shall be
required, per RSA 126-U:11, III.
(o)
In the event that a physical intervention continues for longer than 30
minutes:
(1) Program staff trained to conduct such
assessments shall conduct a face-to-face assessment of the resident’s mental, emotional, and
physical well-being;
(2) Program
staff shall contact the program director or designee so that he or she can
evaluate the need for continued physical intervention and the need for services
from law enforcement, or a licensed health care practitioner;
(3) Such assessments shall be completed at least
every 30 minutes throughout the physical intervention; and
(4) Program
staff shall document all assessments as required in He-C 4001.23(b)(2).
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C 4001.23 Incident
Reports.
(a)
Program staff directly involved in or witness to any incident shall
complete a legible, written incident report whenever there is an incident, as
defined in He-C 4001.01(y).
(b)
For reportable incidents, as defined in He-C 4001.01(bc), licensees
shall have responsibility for:
(1) Completing a preliminary review of an
incident to determine if abuse or neglect could have been a contributing factor
to the incident;
(2) Providing the following information to the
department within 48 hours of a reportable incident:
a. The program name;
b. A description
of the incident, including what led to the incident, where it occurred and
identification of injuries, if applicable;
c. The name of the licensee(s) or personnel
involved in, witnessing, or responding to the reportable incident;
d. The name of
resident(s) involved in or witnessing the reportable incident;
e. The date and
the beginning and ending time of the reportable incident;
f. The action
taken in direct response to the reportable incident, including any follow-up;
g. If medical
intervention was required, by whom, and the date and time;
h. When the resident’s guardian, agent, surrogate
decision-maker, or personal representative, if any, was notified;
i. The signature
of the person reporting the reportable incident;
j. The date and
time the resident’s licensed practitioner was notified, if applicable; and
k. The date the
licensee performed the preliminary review required by (1) above; and
(3) For uses of seclusion, restraint, or other intentional physical contact
with a child which is in response to a resident’s aggression, misconduct, or
disruptive behavior, in addition to (2) above, the following:
a. Authorization by the staff
in charge; and
b. Documentation as required by
He-C 4001.23(b)(2) and either RSA 126-U:7 or RSA 126-U:10.
(c)
Incident reports shall be maintained as part of the involved resident’s
records and be made available on the premises of the program for review by the
department.
(d)
Program staff shall provide the resident’s parents with information
regarding incident reports on the next business day, which shall include all of
the information included on the incident report.
(e)
If the parent(s) do not have a telephone or cannot be reached, program
staff shall document their efforts to notify the parent(s) and send a written
copy of the incident report to the parent(s).
(f) For uses of seclusion, restraint,
or other intentional physical contact with a child which is response to a
child’s aggression, misconduct, or disruptive behavior, program staff shall
notify the resident’s parents or guardians in accordance with RSA 126-U:7
including verbal and written documentation.
(g)
Immediately following any fire or emergency incident, licensees shall
notify the department by phone, followed by written notification within 72
hours, with the exception of a false alarm or emergency medical services (EMS)
transport for a non-emergent reason.
(h)
The written notification required
by (g) above shall include:
(1) The date and time of the incident;
(2) A description of the location and extent of
the incident, including any injury or damage;
(3) A description of events preceding and
following the incident;
(4) The name of any personnel or residents who
were evacuated as a result of the incident, if applicable;
(5) The name of any personnel or residents who
required medical treatment as a result of the incident, if applicable; and
(6) The name of the individual the licensee
wishes the department to contact if additional information is required.
(i)
As soon as is practicable but no longer than 24 hours after the use of a
medication restraint, the resident’s licensed practitioner shall be notified of
the use of such restraint.
(j)
When a resident has an unexplained absence, after searching the building
and grounds without finding the resident, and it has been determined that the
resident is a danger to themselves or others, the licensee shall immediately
notify the local police department, the department and the resident’s guardian,
agent, surrogate decision-maker, or personal representative, if any.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C 4001.24 Nutrition.
(a)
Programs shall offer residents 3 meals and 2 snacks each day that meet
US Department of Agriculture dietary allowances.
(b)
Residents shall not be denied meals or snacks for any reason except
according to a physician’s order.
(c)
No resident shall be secluded at mealtime unless he or she poses a risk
of harm to himself, herself, or others.
(d)
Residents shall not be coerced to eat against their will, except by
written order of the resident’s licensed health care practitioner.
(e)
Programs shall meet the nutritional needs of each resident on a therapeutic
or medically prescribed special diet.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C 4001.25 Transportation and Trips.
(a)
Program staff shall bring on all field trips, a copy of the
authorization for medical treatment required under He-C 4001.12 (a), for each
resident participating in the field trip.
(b)
Residents who are transported by the program and during any program
sponsored activity shall be transported in vehicles that are:
(1) Driven by individuals who are at least 21 years of age and hold a valid
driver’s license;
(2) Inspected in accordance with Saf-C 3200;
(3) Maintained in a safe operating condition;
(4) Registered in accordance
with Saf-C 500;
(5) Insured for personal liability, and medical payments; and
(6) Free of obstructions on the floors and seats.
(c) Program staff shall be prohibited from using
cell phones while operating a vehicle to transport residents.
(d)
Program staff shall not permit any resident to remain in any vehicle
unattended by program staff unless the resident is at a level of supervision
that allows the resident to be unaccompanied by program staff for specific
activities, and if driving, the resident has a valid driver’s license.
(e)
Keys to vehicles, including vehicles belonging to program staff, shall
not be accessible to residents, except for a resident who is driving a vehicle
pursuant (d) above.
(f)
The number of individuals who are transported by the program, or
transported in any vehicle during any program-sponsored activity, shall be
limited to the number of persons the vehicle is designed to carry.
(g)
Residents younger than 5 years of age who are transported by the program
or transported in any vehicle during any program sponsored activity shall not
be transported in any vehicle exempted from seat belt requirements under RSA
265:107-a, II.
(h)
In all programs individual, age appropriate child restraints or seat
belts shall be provided for and used by each resident in accordance with RSA
265:107-a.
(i)
Programs shall comply with RSA 126-U:12 regarding restrictions in the
use of mechanical restraints during the transport of residents.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20
He-C 4001.26 Independent Living Homes.
(a)
Independent living homes shall comply with He-C 4001.01 through He-C
4001.25, and this section, except as provided in (b) below.
(b)
Independent living homes shall be exempt from:
(1) He-C 4001.21(f)(1),
regarding responsibility for the operation and maintenance of the facility;
(2) He-C 4001.17(d),
specifically regarding resident’s access to cleaning products;
(3) He-C 4001.21(g)(3),
regarding clothing requirements; and
(4) He-C 4001.14(c)(1), regarding program staff certified in
cardiopulmonary resuscitation (CPR) and first aid being present in each
building when residents are present, provided that certified staff are on the
premises.
(c)
Program staff shall be on the premises when one or more residents are on
the premises.
(d)
Independent living homes shall not be required to have staff in the
residence when residents are not on the premises of the program.
(e)
Program staff shall provide an effective communication system between
the residents of an independent living home and staff to ensure that program
staff are available to address the needs of the residents at all times.
(f)
Kitchen facilities shall be available and accessible for use by all
residents and program staff.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14
He-C 4001.27 Short Term Placements.
(a)
The requirements in this section shall apply only to residents who are
in short term placement.
(b)
Programs that admit residents for short term placements shall comply
with He-C 4001.01 through 4001.25, and this section.
(c)
Within 5 calendar days of the date the resident is admitted to the
program, the program shall obtain or document efforts to obtain the following
for each resident:
(1) Written authorization for
emergency medical treatment, signed by the resident’s parents, as required
under He-C 4001.12 (a);
(2) Any history of childhood
diseases;
(3) Any current medications
prescribed for the resident;
(4) The date of the resident’s
last visit to a licensed health care practitioner;
(5) The date and reason for any
previous hospitalizations and surgeries;
(6) Current medical problems;
(7) Any allergies to food or
medications;
(8) Any special dietary needs
or restrictions; and
(9) Any functional limitations.
(d)
Within 3 weeks of the date the resident is admitted to the program, a
record of physical examination completed in accordance with He-C 4001.12 (c) and
(d) shall be completed or scheduled to be completed and available for review by
the department.
Source. #2664, eff 3-30-84, EXPIRED: 3-30-90
New. #8581, eff 4-20-06, EXPIRED: 4-20-06
New. #10576, INTERIM, eff 4-26-14, EXPIRES:
10-23-14; ss by #10705, eff 10-23-14
He-C
4001.28 Homeless Youth Program.
(a) The requirements in this section shall apply
only to programs which serve residents who are in homeless youth placement.
(b) Programs receiving homeless youth in
accordance with RSA 170-E:25, II(d), shall do so for the purpose of providing
shelter, basic needs, and services, which shall include an individual
assessment, referral, housing, and case management to facilitate safety,
permanency, well being, and independent living.
(c) The program shall submit to the department
with the license application a written policy consistent with the mandated
reporting statute RSA 169-C:29 through RSA 169-C:39, with a particular focus on
neglect and abandonment.
(d) The homeless youth program shall provide
training to all staff on the mandated reporting statute RSA 169-C:29 through
RSA 169-C:39 and on the policy in (c) above.
(e) Homeless youth programs shall comply with RSA
170-E:27-a, except that the notification in RSA 170-E:27-a, I(c), shall be to
the department’s division for children, youth and families.
(f) Homeless youth programs shall document
attempts to contact a parent or legal guardian of a resident 16 or 17 years of
age in accordance with RSA 170-E:27-a.
(g) Agencies licensed as homeless youth programs
which have a license for one or more additional types of residential child care
programs shall submit to the department with the license application a policy
consistent with RSA 169-C:16, II, and RSA 169-D:9-c, I, to address supervision,
commingling, and safety for multiple populations.
(h) Homeless youth programs shall
develop written protocols with local police department(s) regarding notification
to the local police department for residents who are 16 or 17 years of age. In
cases where local police departments refuse to participate in the development
of such protocols, the homeless youth program shall document the efforts taken
to engage them.
(i) Homeless youth programs shall comply with He-C
4001.01 through 4001.25, and this section with the exception of:
(1) He-C 4001.12 (b)–(i); and
(2) He-C 4001.21(b)–(e).
(j) Homeless youth programs shall maintain written
documentation for each resident including the following information:
(1) Name, sex and age of the resident;
(2) Name, address and telephone number of an adult
next of kin or guardian, if available;
(3) Date of admission;
(4) Referral source, if any;
(5) Medical or health information, if available;
(6) Any diseases or injuries diagnosed while in
care; and
(7) Educational status.
(k) Homeless youth programs shall obtain urgent
medical or dental care for each resident, as needed.
(l) If parental authorization for medical
treatment, in accordance with He-C 4001.12(a), is not obtainable for residents
who are 16 or 17 years of age, the homeless youth program shall document
efforts to obtain such authorization.
(m) If urgent medical or
dental treatment is not available due to lack of parental authorization, the
program shall contact the division for children youth and families for
assistance.
(n) Homeless youth programs shall provide
residents with information about educational rights in accordance with the
(o) Homeless youth programs shall make appropriate
referrals for the resident based on the health, education, housing, and
permanency needs of each resident including available community-based services
and resources.
(p) Homeless youth programs shall develop a
transition and discharge plan for each resident that addresses the resident’s
needs at the time of discharge.
Source. #10319, eff
7-1-13
He-C 4001.29 Specialized Care Programs (SCPs). Residents who have
medical or behavioral health needs, or both,
requiring specialized care necessitates programming that incorporates an
increased awareness of the unique needs, as
well as attention, adaptation, and accommodative measures beyond what are
considered routine. For the purposes of this section, such medical or
behavioral health needs are those defined in He-C 4001.01(bl), and which may be
congenital, developmental, or acquired through disease, trauma or environmental
causes, and which impose limitations in performing daily self-maintenance
activities or substantial limitations in a major life activity.
(a)
SCPs shall comply with:
(1) He-C 4001.01 through He-C 4001.25 and this
section; and
(2) Any other federal, state, and professional
standards related to the treatment of any medical diagnosis of any resident.
(b)
SCPs shall develop and implement written policies and procedures
governing the operation of the program relative to the provision of services,
available for review by the department, that include the following:
(1) Intake and admissions
procedures that clearly state the criteria for the SCP population to be served;
(2) A description of the services provided within
the program to meet the special medical needs of the residents;
(3) A description of the professional services
provided on site and in the local community that will be contracted
or accessed to ensure the special medical needs of the residents are met;
(4) The organizational chart, job descriptions of
staff, and contracts with medical staff, clinical staff, and consultants used
to meet the special medical needs of the population being served; and
(5) How direct care staff will be orientated and
trained to prepare to work with the population being served.
(c)
The program director, together with relevant members of the
administration, clinical and direct-care staff, shall annually review all
policies and procedures and revise them as needed to ensure consistency with
current practice and professional standards.
(d)
All clinical services provided by the licensee shall:
(1) Focus on the residents strengths;
(2) Be sensitive and relevant to the diversity of
the residents;
(3) Be child and family-centered;
(4) Be designed to acknowledge
the impact of violence and trauma on resident’s lives, which shall be addressed
in the services provided;
(5) For programs providing SUD
services, the services shall be evidence-based by meeting one of the following:
a. The services shall be included as an
evidence-based mental health and substance abuse intervention on the U.S.
Department of Health and Human Services, Substance Abuse and Mental Health
Services Administration’s (SAMHSA) “Evidence-Based Practices Resource Center”
available at https://www.samhsa.gov/ebp-resource-center, or as noted in
Appendix A;
b. The services
are published in a peer reviewed journal and found to have positive effects; or
c. The treatment
and support service provider shall be able to document the services
effectiveness based on a theoretical model with validated research or a
documented body of research generated from
similar services that indicates effectiveness; and
(6) For programs providing SUD
services, the services shall be delivered in accordance with the following:
a. The American Society of Addiction Medicine’s
(ASAM), “The ASAM Criteria”, (Third edition),
available as noted in Appendix A; or
b.
The U.S. Department of Health and Human Services, Substance Abuse and Mental
Health Services Administration’s (SAMHSA) “Knowledge Application Program (KAP)
Resource Documents and Manuals” (July 2020 edition), available at https://www.samhsa.gov/kap/resources, or as noted in
Appendix A.
(e)
The licensee shall assess and monitor the quality of care and services
it provides to residents on an ongoing basis.
(f)
SPCs
providing behavioral health services shall employ or with contract with:
(1) A clinical
coordinator who shall:
a.
Be a full-time employee;
b.
Meet the definition of clinical staff in He-C
4002.01(i); and
c.
Have 2 years post-graduate experience in human services; and
(2) Clinical staff to
meet the needs of the residents who shall:
a.
Be a full-time employee or a part-time employee with a minimum of 22
hours a week; and
b.
Meet the criteria specified in He-C
4002.01(j).
(g) All
programs providing SUD services shall employ or
contract with:
(1) A medical director who
is:
a. A licensed practitioner who is licensed in the state
of New Hampshire; and
b. Has experience providing medical services to
residents with behavioral health or substance
use disorder needs;
(2) A nurse who is currently licensed in the
state of New Hampshire pursuant to RSA 326-B, or licensed pursuant to the
multi-state compact, and who is an RN or LPN with at least 2 year's relevant
experience in substance use disorder treatment or behavioral health services;
and
(3) A clinical
services director who is a LADC or MLADC licensed by the NH board of licensing
for alcohol and other drug use professionals or an individual licensed by the
board of mental health practice and who has at least 2 year's relevant
experience in substance use disorder treatment or behavioral health services.
(h) In addition to (g) above, SCPs shall:
(1) Provide administrative services that include
the appointment of a full-time, on-site program director who is responsible for
the day-to-day operations of the SPC, who meets the following qualifications:
a.
For programs
providing SUD services, the program director shall be at least 21 years of age
and have a minimum of one of the following combinations of education and
experience:
1. A bachelor’s degree from an accredited
institution and one year of relevant experience working in a health related
field;
2. A New Hampshire license as an RN, with at
least one year relevant experience working in a health related field;
3. An associate’s degree from an accredited
institution plus 3 years relevant experience in a health related field;
4. A MLADC or LADC license issued by the State
of New Hampshire; or
5. Licensed by the board of mental health
practice with at least one year of relevant experience working in SUD
treatment; or
b. For SCPs not providing SUD services, the program
director shall comply with the requirements specified in He-C 4001.19(e);
(2) Contract with or employ professional staff to meet
the needs of residents, including but not limited to clinical, medical, and social needs; and
(3) Employ direct care staff to implement service
plans on a daily basis.
(i)
The licensee shall:
(1) Assign all direct care staff and clinical
staff to a staff person who has supervisory or administrative responsibility
and experience suitable to the goals of the program and the responsibilities of
the staff supervised; and
(2) Require direct care and clinical staff to
have scheduled supervision with the assigned supervisor regarding children's
needs and methods of meeting those needs, which shall occur a minimum of weekly
or more frequently as needed.
(j)
The licensee shall provide orientation for all new employees to acquaint
them with the program's philosophy, organization, policies, and services. No new direct care staff shall be solely
responsible for children in care until he or she has completed the orientation.
(k)
Programs providing SUD services shall:
(1) Ensure that all staff who perform direct care
to residents or who are providing treatment, education, and recovery support
services shall be under the direct supervision of a licensed clinical supervisor
pursuant to the supervision requirements in Alc 400;
(2) Provide the SPC with sufficient supplies,
equipment, and lighting to ensure that the needs of residents are met;
(3) Implement any POC that has been accepted or
issued by the department;
(4) Require that all personnel follow the orders
of the licensed practitioner for each resident and encourage the residents to
follow the licensed practitioner’s orders;
(5) Employ or contract with a
nurse who is currently licensed in the state of New Hampshire pursuant to RSA 326-B, or licensed pursuant to the multi-state compact, and who
is an RN or LPN with at least 2 years relevant experience in SUD treatment or
behavioral health services;
(6) Employ or contract with a
clinical services director who is a LADC or MLADC licensed by the NH board of licensing for alcohol and other drug use professionals or an
individual licensed by the board of mental health practice and who has at least
2 years relevant experience in treatment of SUD or behavior services; and
(7) Require staff to obtain continuing
requirements, in accordance with Alc 400, and maintain documentation of the
training in the employee’s individual personnel file for review by the
department.
(l)
In programs providing SUD services, all direct care personnel shall be at least 21 years of age unless they are:
(1) A licensed nursing assistant working under
the supervision of a nurse in accordance with Nur 700; or
(2) Involved in an established educational
program working under the supervision of licensed staff.
(m) An SCP that is not able to meet the needs of
any resident whom requires
specialized care, as described in this section, shall notify the department and
expeditiously seek an alternative placement, which can provide for the
resident’s needs on a long-term basis and ensure that all needs are met until
such time discharge can safely occur.
(n)
SCPs shall assess each resident within 24 hours of admission to
determine each resident’s needs and abilities on the following:
(1) Walking and ambulation;
(2) Transfers;
(3) Ability to self-evacuate;
(4) Fall risk;
(5) Mood and behavior;
(6) Communication;
(7) Nutrition and oral health;
(8) Medications and treatments including
nebulizers and oxygen;
(9) Personal hygiene and assistance with
activities of daily living;
(10) Whether or not safety devices, such as
helmet, mittens, or safety belt, are needed; and
(11) Nursing care and services.
(o)
The assessment
conducted in accordance with (n) above shall be:
(1) Incorporated into the resident’s service
plan/treatment plan; and
(2) Documented in the resident’s file and
available for review by department staff.
(p)
In addition to the treatment plan required in He-C 4001.21(b), SCPs
shall develop a service plan, meaning a written guide, in consultation with the
resident or guardian, agent or personal
representative, if applicable, as a result of the assessment conducted in
accordance with (n) above for the provision of care and services which shall:
(1) Be completed
within 24 hours of the completion of the assessment and within 24 hours of the
completion of subsequent assessments;
(2) Identify the resident's needs;
(3) Identify the services that the SCP will
provide and the staff person responsible for providing or arranging for the
services while the child is in care;
(4) Include the following areas:
a. Educational;
b. Vocational;
c. Health, including medical, dental, and
ancillary services;
d. Behavior management, including specific individual
modifications of the restraint plan, if necessary;
e. Life skills; and
f. Social services, including family work,
psychological and psychiatric services, and counseling; and
(5) Be made
available to all personnel for residents whom they assist;
(6) Be
completed in consultation with the resident and guardian or agent, if any,
unless the resident and guardian or agent are unable or unwilling to
participate, it shall be documented in the resident record; and
(7) Be available on site for review by the
department.
(q)
The service plan identified in (p) above shall include on an ongoing
basis:
(1) The date a
problem or need was identified as a result of the assessment conducted in (n)
above;
(2) A
description of the problem or need;
(3) The goal or
objective of the plan;
(4) The action
or approach to be taken;
(5) The
responsible person(s) or position; and
(6) The date of
reevaluation, review, or resolution.
(r)
The licensee shall explain all service plans to all child care personnel
responsible for implementing the service plan on a daily basis,
to the child's family or guardian, as appropriate, and to the resident in a
manner consistent with her or his maturity and capacity to understand.
(s)
All service plans shall be reviewed and updated as often as necessary,
but no less frequently than every 6 months to re-assess the resident’s needs
and determine if:
(1) The service
plan will be continued for another 6 months;
(2) The service
plan will be revised to meet the needs of the resident;
or
(3) The service
plan will be discontinued because the plan is no longer needed; and
(4) Shall be available for review by the
department.
(t)
Progress notes shall be written at least every 90 days and include, at a
minimum:
(1) Service plan outcomes;
(2) The resident’s physical, functional, and
mental abilities; and
(3) Changes in behavior, such as eating habits,
sleeping pattern, and relationships.
(u)
If a resident refuses care or services that could result in a threat to
their health, safety, or well-being, or that of others, the licensee or their
designee shall:
(1) Inform the resident of the potential results
of their refusal;
(2) Notify the licensed practitioner and
guardian, if any, of the resident’s refusal of care; and
(3) Document in the resident’s record the refusal
of care and the resident’s reason for the refusal.
(v)
If a resident is non-verbal or incapable of understanding the need for
care or services as identified in (u) above but exhibits behaviors that
represent refusal of any care or services:
(1) Such behaviors shall be documented in the
resident’s record; and
(2) Staff shall consult with appropriate
personnel of the SCP to determine if the care plan requires modifications or if
the needs of the resident exceed the services that the SCP is able to provide.
(w)
The licensee shall insure that medically necessary glasses, hearing
aids, prosthetic devices, corrective physical or dental devices, or any
equipment necessary or treatments prescribed by the examining physician are
provided to the resident if the resident’s parent or guardian does not provide
them.
(x)
The licensee shall
not require any resident to receive medical treatment or screening when the
parents of such resident object based on sincerely held religious beliefs.
However, the SPC may seek a court order for medical treatment of a resident if
it believes such medical treatment is in the resident's best interest.
Source. #13151, eff
12-30-20
He-C 4001.30 Treatment Planning Process for Specialized
Care Programs.
(a)
SCPs shall conduct a psycho-social assessment with recommendations for
treatment for the resident.
(b)
Based on the assessment and recommendations, the SCP shall conduct a
treatment team meeting and develop a treatment plan within 30 calendar days of
placement of the child.
(c)
The treatment plan shall include:
(1) The summary of the psycho-social assessment;
(2) A transitional section for the child and
family that includes:
a. An estimate by the treatment team members of
the child’s length of stay, based upon referral information and the SCP’s
assessment; and
b. The child’s permanency plan identifying the
following alternatives for the child in care, including the identified resource
if known at the time of the treatment plan:
1.
Reunification
with the family;
2.
Adoption;
3.
Guardianship
by a relative or other person;
4.
Permanent
placement with a fit and willing relative; or
5.
Another
Planned Permanent Living Arrangement (APPLA) in accordance with RSA 169-C:24-b,
II(c); and
(3) Community reintegration and transition tasks
that identify the following:
a. Specific needed supports or services that would
provide for the child to successfully transition out of the SCP and into the
community;
b. The treatment team member who is responsible
for completing each task necessary; and
c. The projected time frame for completion of
each task.
(d)
The treatment plan shall at a minimum, contain the following domains
relating to rehabilitative and restorative services provided by the SCP:
(1) Safety and behavior of the child;
(2) Family;
(3) Medical;
(4) Education, if clinically necessary; and
(5) Adult living preparation if determined
clinically necessary.
(e)
Each domain identified in (d) above shall address:
(1) The goals and measurable objectives to be
achieved by the child and family;
(2) The time frames for completion of objectives;
and
(3) The individualized interventions that will be
used to address the objectives, including:
a. Identification of the staff or individual
providing or implementing the stated intervention;
b. The frequency of the intervention; and
c. How that intervention is documented.
(f)
The treatment plan shall include the date and signatures of the
following team members, indicating that they participated in the process:
(1) The child;
(2) The child’s parents or guardian(s);
(3) The prescribing practitioner; and
(4) The clinical coordinator or the SCP’s program
director. If the prescribing practitioner is also the clinical coordinator, he
or she shall indicate dual functions.
(g)
When any of the individuals in (f) above do not participate, the SCP
shall document its efforts to involve them.
(h)
Revisions to the treatment plan outside the scheduled treatment plan
reviews shall include the signatures of the prescribing practitioner, clinical
coordinators, and other team members identified in (f) above, as available, and
shall be explained in writing to any individuals of the team who are unable to
participate.
(i)
The treatment team and the staff of the SCP shall implement the
treatment plan, which shall be reflected in the child’s daily routine, logs,
progress notes, and discharge summary.
(j)
The treatment team shall consist of the individuals identified in (f)
above in addition to the following invited participants:
(1) Clinical staff of the SCP;
(2) Attorney or guardian ad litem (GAL) for the
child;
(3) A representative of the local educational
agency when clinically appropriate;
(4) Other persons significant in the child’s life
if clinically appropriate, including but not limited to:
a. Teachers;
b. Staff members from the SCP;
c. Counselors;
d. Friends;
e. Relatives; and
f. Educational surrogate.
(k)
The treatment plan shall be filed in the child’s record and copies
provided to the individuals identified in (f) above.
(l)
During each treatment team meeting, the treatment team shall review and
update the treatment plan as necessary, in accordance with the following:
(1) Three months from the initial treatment plan;
and
(2) Every 3 months
thereafter until discharge, at no point exceeding 3 months.
(m)
Changes and updates to the treatment plan shall be made based on
progress identified by the treatment team, areas of
continued treatment needs, achievement of goals or objectives, and
effectiveness of interventions, in accordance with the requirements of (f) through
(l) above.
(n)
SCPs shall acquire signatures on the treatment plans of individuals
identified in (f) above within 7 calendar days of the treatment team meeting,
such that:
(1) Reasonable efforts to obtain the signature of
the parent(s)/guardian(s) and DCYF shall be documented as meeting the
requirements of (n); and
(2) Any team
members participating through electronic means, other than the prescribing
practitioner or clinical coordinator, may provide verbal assent in lieu of
signature on the treatment plan but this shall not preclude efforts identified
in (1) above.
(o)
Once the treatment plan is complete, all clinical and direct care staff
shall receive supervision and instruction to ensure that they consistently
implement each child’s treatment plan.
(p) All residential treatment programs
shall provide and coordinate services and treatment interventions to meet the
goals identified in the treatment plan, as follows:
(1) Treatment interventions shall meet the
individual needs of the children and families in therapeutic and group-living
experiences;
(2) Treatment programs shall include
individual/group problem solving and decision-making;
(3) The clinical
coordinator shall ensure therapeutic interventions and other services are
implemented and integrated into the treatment programming for the individual
child and family;
(4) Services required by the treatment plan
including individual, group, and family counseling to children shall be
available within the SCP or shall be referred to community agencies depending
on the need of the child and family; and
(5) Direct care staff that provides group
counseling shall receive supervision from clinical staff.
(q)
Services required by the treatment plan, including counseling of
children and families, shall be available within the SCP or shall
be provided through the local community, as follows:
(1) Treatment plans shall provide and allow for
increased community-based integration and involvement, based on progress and
individualized needs; and
(2) The clinical coordinator or another staff
member who meets the requirements of clinical staff may
provide individual or family counseling;
(r)
The program shall maintain a multi-disciplinary, self-contained means of
service delivery to meet the needs identified within the treatment plan, as
follows:
(1) There shall be a clinical staff to child
ratio of one clinical staff to 10 children;
(2) There shall be
clinical services provided through the residential treatment program’s on-site program unless a special circumstance is identified
through the treatment plan to support utilizing a community provider;
(3) Clinical
staff shall provide treatment interventions to meet the individual needs of the
children and families served and shall provide a therapeutic group-living
experience;
(4) Unless otherwise specified in the child’s
treatment plan, any combination of individual, group, or family counseling
services shall be provided to each child or the family a minimum of 3 times a
week;
(5) There shall be a family-centered services
component designed to promote and provide opportunities for families to be
involved in all aspects of their child’s care, including, but not limited to:
a. Activities
designed to promote permanency and support continued family involvement
throughout placement;
b. Services that
promote family involvement and partnership in a therapeutic process from intake
to discharge, which supports the identified permanency plan;
c. Implementation of the reasonable and prudent
parent standard by staff including a description of how the program will
identify and support normal age and developmental experiences including social,
extracurricular, enrichment, and cultural activities in the community;
d. Whenever
possible, activities in the family’s home at the family’s convenience, and
other services to support the identified permanency plan;
e. Parental
education, as needed to support the child and family’s permanency, safety, and
well-being;
f. Communication
that includes the family in the program’s initial orientation process and
ongoing activities; and
g. The program’s
grievance procedures, which shall ensure that children may constructively
address their concerns without fear of retaliation; and
(6) The residential treatment program shall
organize its clinical staff and family workers in a flexible manner so long as
families are seen face-to-face no less than one time per week, unless otherwise
specified in the child’s treatment plan, as follows:
a. Technology may be used to supplement clinical
services as a part of the child’s treatment; and
b. The utilization of a video-conferencing
technology shall not replace face-to-face contact unless documented in the
child’s treatment plan with the agreement of the treatment team;
(s)
The program shall be staff-secure and be able to serve those children
whose needs require a high level of treatment and supervision, as follows:
(1) There shall be a minimum staff to child ratio
of one staff to 4 children during hours when children are awake; and
(2) Except for residential treatment programs
that have an independent living component housed in a separate area and have
the capability of moving children that need more supervision back to the
intensive care level, there shall be an awake staff member in each building
housing children.
Source. #13151, eff
12-30-20
He-C 4001.31 Background Checks and Determination of
Eligibility for Employment.
(a)
The applicant, program director, or his or her designee shall complete
and submit to the child care licensing unit (CCLU) the “Staff and Household Member Form” (December 2020) certifying that:
“All information
provided above is accurate.
I have not been
convicted of a felony consisting of murder, child abuse or neglect, crimes
against children (including pornography and trafficking), spousal abuse, rape
or sexual assault, kidnapping, arson, physical assault or battery, or a drug
related offense (in the last 5 years) or convicted of a violent misdemeanor
committed as an adult against a child including child abuse, child
endangerment, sexual assault or child pornography, or a crime which shows that
I might be reasonably expected to pose a threat to a child, such as violent
crime or sexually related crime against an adult.”.
(b)
The “Staff and Household Member Form” (December 2020) shall be submitted
to the CCLU:
(1) Prior to the start date of any employee,
volunteer, or other individual who will be working in the residential program
licensed by CCLU;
(2) Within 5 days from when an individual who is
a household member turns 18 years of age, other than residents admitted to the
program;
(3) Prior to the day any individual age 10 and
older becomes a household member, other than residents admitted to the program;
or
(4) Three months before the 5- year anniversary
date on which the current individual’s state and federal criminal records
checks were last completed.
(c) In accordance with RSA 170-E:29-a,
for every individual 18 years of age or older submitted on “Staff and Household Member Form” (December 2020), the program shall ensure that the
individual completes:
(1) A
criminal history record check through the NH department of safety,
criminal records unit, to include an electronic submission of fingerprints for
a check Federal Bureau of Investigations file, with authorization for the
release of the criminal history record check to the child care licensing unit,
in accordance with the department of safety's policy and procedure;
(2) A completed and notarized Form CCLU 2 “NH
Child Abuse and Neglect Central Registry Name Search Authorization” (eff 2020);
and
(3) All forms and any required fees to complete
registry checks in states or territories other than NH when the individual
lives or has lived in any state other than NH, or a United States territory,
within the previous 5 years.
(d)
The only exception to (c) above shall be for individuals who have been
determined eligible by the unit during the previous 5 year period and who have
been employed or a household member in any New Hampshire licensed child care
program within the 6 months prior to submission of the “Staff and Household Member Form” (December 2020).
(e)
For every individual age 10 years through 17 years submitted on “Staff and Household Member Form” (December 2020), the program
shall submit to CCLU:
(1) A completed and notarized Form CCLU 2 “NH
Child Abuse and Neglect Central Registry Name Search Authorization” (eff 2020);
and
(2) All forms and any required fees to complete
registry checks when the individual has lived in any state other than NH, or a
United States territory, within the previous 5 years.
(f)
The only exception to
(e) above shall be for individuals who completed the registry checks through
the unit during the previous 5 year period and who have been employed or a
household member in any New Hampshire licensed child care program within the 6
months prior to submission of the “Staff and
Household Member Form” (December 2020).
(g)
The program director and any direct care staff listed on the “Staff and Household Member Form” (December 2020), who do not have
a current employment eligibility card shall submit to the department:
(1) A completed
application Form CCLU 1-C “DHHS/Office of Legal Services, Child Care Licensing
Unit Employment Eligibility Card Application” (11/2017); and
(2) A non-refundable $50.00 fee payable in cash, or if paid by
check or money order, the exact amount of the fee made payable to the “Treasurer,
State of New Hampshire”.
(h)
Upon receipt of the information requested in (g) above, the department
shall assess the individual’s eligibility for employment in accordance with
RSA170-E:29-a, V or VI, and if eligible, issue an employment eligibility card,
which shall be valid for 5 years from the date of issuance.
(i)
Once the employment eligibility card is issued, the individual shall
reapply for the employment eligibility card as necessary to keep the card
current while the individual works in the residential program.
(j)
The following individuals shall be exempt from the requirement to obtain
an eligibility card in (g) above:
(1) Applicants;
(2) Volunteers;
(3) A student participating in a work study
program, internship, practicum, or attending college full time; and
(4) Employees determined eligible to work prior
to the 2020 effective date of this rule, who remain employed by the same
licensee at the time of submission of the “Household
and Personnel Form” (2017) as required in (a) above.
(k)
A copy of each individual's “Staff and
Household Member Form” (December 2020) returned to the program by the unit, along
with a copy of his or her non-expired child care employment eligibility card,
as applicable, shall be on file at the program.
(l)
If the department determines that an individual is ineligible, in
accordance with RSA170-E:29-a, V or VI, it shall provide notice to
the individual that:
(1) The individual has been
determined by the department to be ineligible;
(2) The basis for the determination that the individual is ineligible; and
(3) The individual’s right to challenge his or her criminal record pursuant to Saf-C 5703.
(m) The department shall include in its notice
under (e) above:
(1) The basis for the determination that the individual poses a risk; and
(2) The need for the
residential child care program to inform the department in writing of the specific action it has taken as required under (e)(2) above.
(o)
If the department
determines
that an individual is ineligible to work in child care, in accordance with RSA
170-E:29-a, V or VI, it shall provide notice to the residential child care
program that:
(1) The individual has been determined by the department to be ineligible;
(2) The program shall take immediate action to prohibit the individual from
being on the premises of the residential child care program and from having access to the
residents admitted to the program; and
(3) The residential child care program shall inform the department in writing of the
specific action it has taken as required under (2) above.
Source. #13151, eff
12-30-20
PART
He-C 4002 NH CHILD CARE PROGRAM
LICENSING RULES
He-C 4002.01 Definitions.
(a) “Accredited college or university” means a
college or university acknowledged as meeting acceptable
levels of quality through accreditation by any of the accrediting organizations
recognized by the US department of education or the council for higher
education accreditation.
(b)
“Agency” means “child day care agency” as defined in RSA 170-E:2,
IV. The term also includes “child care
program” or “program.”
(c) “Agency administrator” means a person who
meets the qualifications of a center director and is employed by the licensee
to oversee multiple child care agencies by a single or the same applicant,
licensee, or permittee.
(d)
“Applicant” means “applicant” as defined in RSA 170-E:2, I.
(e)
“Assistant group leader” means a person who is employed in or is seeking
employment in a New Hampshire licensed child care program, who meets the age,
education and experience requirements specified in He-C 4002.35.
(f)
“Assistant teacher” means a person who is employed in or is seeking
employment in a New Hampshire licensed child care program, who meets the age,
education, and experience requirements specified in He-C 4002.35.
(g)
“Associate teacher” means a person who is employed in or is seeking
employment in a New Hampshire licensed child care program, who meets the age,
education, and experience requirements specified in He-C 4002.35.
(h)
“Authorized staff” means child care staff that have completed training
in medication safety and administration who are responsible for administration
of medications to children.
(i)
“Center based program” means any program owned and operated by one
applicant which is not licensed as a family or family group child care home and
is licensed to provide any of the following types of child care:
(1)
Group child care center;
(2)
Infant and toddler program;
(3)
Night care program;
(4)
Preschool program;
(5)
School-age program; or
(6)
Any combination thereof.
(j)
“Child” means “child” as defined in RSA 170-E:2, II.
(k)
“Child care” means “child day care” as defined in RSA 170-E:2, III.
(l)
“Child care staff” means:
(1) All child care staff
categories as specified in He-C 4002.34 and 4002.35; and
(2) Agency
administrator and site coordinator, as defined in He-C 4002.01(c) and
4002.01(bf), respectively.
(m)
“Clean” means to remove dirt, debris, and bodily fluids by scrubbing and
washing with a detergent solution and rinsing with water.
(n)
“Commissioner” means “commissioner” as defined in RSA 170-E:2, V.
(o)
“Corporal punishment” means the intentional infliction of physical pain
by any means for the purpose of punishment, correction, discipline,
instruction, or any other reason.
(p)
“Corrective action plan (CAP)” means “corrective action plan” as defined
in RSA 170-E:2, VI.
(q)
“Department” means “department” as defined in RSA 170-E:2, VII.
(r) “Developmentally appropriate”
means actions, environment, equipment, supplies, communications, interactions,
or activities that are based on the developmental level and abilities, the
family culture, and the individual needs of each child in care.
(s)
“Family child care home” means “family day care home” as defined in RSA
170-E:2, IV(a).
(t)
“Family child care assistant” means a person who is employed in or is
seeking employment in a New Hampshire licensed child care program, who meets
the age, education, and experience requirements specified in He-C 4002.34(f).
(u)
“Family child care provider” means the individual in whose home family
or family group child care services are provided, who is responsible for the
operation of the program, and who provides the child care for at least ⅔
of the operating hours.
(v)
“Family child care worker” means a person who is employed in or is
seeking employment in a New Hampshire licensed child care program, who meets
the age, education, and experience requirements specified in He-C 4002.34(e).
(w)
“Family group child care home” means “family group day care home” as
defined in RSA 170-E:2, IV(b).
(x)
“Full day school program” means a program administered by a public or
private school that is approved by the department of education.
(y) “Group child care center” means
“group child care center” as defined in RSA 170-E:2, IV(c).
(z)
“Group leader” means a person who is employed in or is seeking
employment in a New Hampshire licensed child care program, who meets the age,
education, and experience requirements specified in He-C 4002.35(q).
(aa)
“Guardian” means “guardian” as defined in RSA 170-E:2, VIII.
(ab)
“Household member” means any person residing in the home of an applicant
for licensure as a program, if the program will be located in that home.
(ac) “Incident Command System” (ICS), means a
standardized on-scene emergency management system specifically designed to
provide for the adoption of an integrated organizational structure that
reflects the complexity and demands of single or multiple incidents, without
being hindered by jurisdictional boundaries.
ICS is the combination of facilities, equipment, personnel, procedures,
and communications operating within a common organizational structure, designed
to aid in the management of resources during incidents, in coordination with
local emergency response agencies in the community in which the program is located.
(ad)
“Infant” means a child from the time of birth through 12 months old,
except as referenced in He-C 4002.37.
(ae)
“Infant and toddler program” means “day care nursery” as defined in RSA
170-E:2, IV(d).
(af)
“In-service professional development” means professional development
activities including training or education acquired after an individual meets
the qualifications for his or her position and which is acceptable toward
meeting the annual professional development requirements for childcare staff,
as specified in He-C 4002.33.
(ag)
“Junior helper” means a person who is engaged in a New Hampshire
licensed child care program, who meets the age, education, and experience
requirements specified in He-C 4002.34(j) or He-C 4002.35(o).
(ah) “Lead teacher” means a person who is employed
in or is seeking employment in a New Hampshire licensed childcare program, who
meets the age, education, and experience requirements specified in He-C
4002.35(k).
(ai)
“License” means “license” as defined in RSA 170-E:2, IX.
(aj)
“License capacity” means the number and ages of children specified on
the license or permit allowed to be on the premises at any one time.
(ak)
“Licensed practitioner” means a physician, physician's assistant,
advanced registered nurse practitioner, dentist, or other licensed professional
with prescriptive authority.
(al)
“Licensing coordinator” means a person employed by the department who
consults with and inspects programs for compliance with RSA 170-E and He-C
4002.
(am) “Medication” means a drug prescribed for a child by a licensed
practitioner.
(an) “Medication error” means any error in the administration of a
prescribed or over-the-counter medication, or an error in the documented
administration of any medication or over-the-counter medication.
(ao) “Medication order” means a document, produced electronically or in writing, for an
identified child by a licensed practitioner for medications, treatments, and
referrals, and signed by the licensed practitioner using terms such as
authorized by, authenticated by, approved by, reviewed by, or any other term
that denoted approval by the licensed practitioner.
(ap) “Monitoring visit” means “monitoring visit”
as defined in RSA 170-E:2, X.
(aq) “Night care
program” means “night care agency” as defined in RSA 170-E:2, IV(e).
(ar) “Over-the-counter medications” means
non-prescription medications.
(as) “Parent” means
a father, mother, guardian, or person legally authorized to act on behalf of a
child.
(at) “Permit” means “permit” as defined in RSA
170-E:2, XI.
(au) “Preschool program” means “preschool program”
as defined in RSA 170-E:2, IV(f).
(av) “Program”
means any or all of the various types of childcare agencies providing care on
or off the approved licensed premises listed below:
(1)
Center based;
(2)
Infant and toddler;
(3)
Family child care home;
(4)
Family group child care home;
(5)
Group child care center;
(6)
Night care;
(7)
Preschool; and
(8)
School age.
(aw) “Project leader” means a person who is
engaged in a New Hampshire licensed child care program, who meets the age,
education, and experience requirements specified in He-C 4002.35(s).
(ax) “Qualified substitute director” means a
person who assumes the responsibilities of a center director or site director
and who meets the age, education, and experience requirements of the position
for which they are substituting in order to meet the requirements under He-C
4002.35(a) and (b).
(ay) “Regularly” means “regularly” as defined in
RSA 170-E:2, XII.
(az) “Related
coursework” unless otherwise specified, means courses completed at an
accredited college or university in child growth and development, lifespan
development, human growth and development, infant and toddler development,
developmental psychology, family studies, early childhood, elementary, and
special education, and any other coursework focused on children.
(ba) “Repeat citation” means a citation of a
specific licensing rule or law for which the program has been previously cited during the past 3 years, and which
has not been removed as a result of an informal dispute resolution or
overturned as a result of an adjudicatory procedure. A repeat citation does not
need to include the same set of circumstances, or involve the same child care
staff or the same child or children as in the original citation.
(bb) “Rough handling” means an aggressive physical
act against a child, except when necessary to protect a child from harming
themselves or others.
(bc) “Sanitize” means to clean to remove all
organic material then wipe down or wash with a solution of chlorine bleach and
room temperature or cool water which is mixed fresh daily per manufacturer’s
directions for sanitation and left on the surface for 2 minutes or with an
environmental protection agency (EPA) approved germicide designed to kill germs
and which, when used in accordance with manufacturer’s directions, does not
pose a health or safety risk to children.
(bd) “School-age program” means “school-age
program” as defined in RSA 170-E:2, IV(g).
(be)
“Serious safety risk” means behavior of such intensity, frequency, or
duration that the safety of the child or others is placed in serious jeopardy.
(bf) “Site coordinator” means a person who is qualified
as a site director and is employed to oversee multiple school age program
licenses by a single applicant, licensee, or permittee.
(bg) “Site
director” means a person who is employed in or is seeking employment in a New
Hampshire licensed child care program, who meets the age, education, and
experience requirements specified in He-C 4002.35(p).
(bh) “Statement
of findings” means a written report issued by the department which details the
findings of a visit or an investigation conducted by the department.
(bi) “Substitute” means a person who assumes the
responsibility of associate teachers, lead teachers, or group leaders, on a
temporary basis, who meets the age requirements of the position for which they
are substituting.
(bj) “Toddler” means
a child 19 months to 35 months old, except as referenced in He-C 4002.37.
(bk) “Topical
substances” include, but are not limited to, non-prescription medications such
as sunscreen, insect repellent, powders, teething aids, and diaper ointments.
(bl)
“Unit” means the child care licensing unit within the department.
(bm) “Water activity” means any activity during
which children have access to swimming pools, water features, or other bodies
of water, whether the children will be in, on, or near a pool or body of water.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08;
ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss by #12174, EMERGENCY
RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff 11-6-17; ss by #13373,
eff 4-22-22
He-C 4002.02 Licensure and
Approval: Initial Applications, License Renewal, and Revisions.
(a) Any person or entity who intends to operate a
program shall create an account in “NH Connections” at https://nhpublichealth.force.com/nhccis/s/login/?ec=302&startURL=%2Fnhccis%2Fs%2F or
obtain an application packet from the unit.
(b) All applicants for licensure shall complete
and submit an application by either applying online via the portal described in
(a) above or by submitting “Application for Family Child Care Program” (April
2022) or "Application for Child Care Center" (April 2022) to the
department, which shall not be considered complete until the department
receives all of the information as specified
in (d) below.
(c) Center based
programs with multiple buildings on the same or contiguous properties may apply
for a single license for those buildings provided that:
(1)
The buildings function as a single program;
(2)
The buildings are in close proximity to ensure that no street, road, or
obstacle is present which would impede the safe flow of individuals between the
buildings;
(3)
There is a means of communication between the buildings, which allows
the multiple buildings to function efficiently as a single program;
(4)
Staffing requirements for center based agencies with multiple buildings
are met as specified in He-C 4002.35; and
(5)
In each building, there are adequate square footage and bathroom
facilities for the number of children who will be cared for, in accordance with
He-C 4002.22.
(d) Except as specified in (i) below, the
applicant shall submit to the department the following attachments with the application:
(1)
A “Child Care Personnel Health Form” (11/2017) or an equivalent record
of a health screening documenting that the family child care provider, the
center director, or site director has had a physical examination and is able to
work with children completed no more than one year prior to the date the
department receives the application;
(2)
A completed health officer inspection form documenting that, within the
12 months immediately preceding the date the department receives the
application, the premises have been inspected and approved by a local health
officer, for operation as a program;
(3)
A New Hampshire fire code compliance report documenting that, within the
12 months preceding the date the application for licensure is received by the
department, the premises have been inspected for compliance with Saf-FMO 300
and Saf-C 6000, state fire code by the local fire department or the state fire
marshal’s office, and approved to operate as a program;
(4)
Documentation from the applicable town or city that the program has been
granted zoning approval or that no zoning approval is required;
(5)
Background check forms as specified in He-C 4002.41 for:
a. The owner or applicant;
b. All household members age 10 years and older;
and
c. The center director, agency administrator,
site director, or site coordinator as applicable; and
(6)
A copy of any documents required by the secretary of state regarding
trade names, limited liability corporations, or corporations, as applicable.
(e) For any family or family group child care
provider between 18 and 21 years of age, the agency shall submit documentation
that the individual meets the education requirements specified in He-C 4002.34.
(f) For all center based programs, the agency
shall submit documentation that the center director, agency administrator, site
coordinator, or site director meets the education and experience requirements
for the applicable program type(s) as specified in He-C 4002.35.
(g) All family child care providers, center
directors, agency administrators, site coordinators, and site directors shall
submit with the application documentation of the completion of the professional
development requirements listed in He-C 4002.33(a).
(h) The documentation of education and experience
required under (e) through (g) above shall include:
(1)
Copies of transcripts, certificates, diplomas, a non-expired appropriate
level credential issued by the NH professional development system, or degrees
as applicable; and
(2)
A résumé or verification of previous experience if such experience is
required to meet the qualifications for the position.
(i) In accordance with RSA 170-E:6, school-age
programs which are operating in buildings in which public or private schools
are currently located shall not be required to submit the documentation
required in (d)(2) through (4) above.
(j) No less than 3 months
prior to the expiration date of the current license, each licensee shall submit
to the department the following through the “NH Connections” portal at https://nhpublichealth.force.com/nhccis/s/login/?ec=302&startURL=%2Fnhccis%2Fs%2F or by using the forms below:
(1) A signed and completed application
“Application for Family Child Care Program” (April 2022) or "Application
for Child Care Center" (April 2022) for license renewal, in accordance
with He-C 4002.02;
(2) The application attachments specified in
(d)(2), (3), and (6) above;
(3) A completed “Staff
and Household List” (9/2018);
(4) The application attachments specified in
(d)(1) and (f) above, if there has been a new center director, agency
administrator, site coordinator or site director
since the previous application was filed and the department has not received
the required information regarding the change in director; and
(5) A diagram of the
indoor and outdoor space if changed since the previous application.
(k) Upon receipt of a
complete license application and inspection by department staff, the department
shall:
(1) Issue a 6-month permit to the applicant for a
new license; or
(2) Issue a 3-year license to the applicant for a
license renewal.
(l) The license issued in
accordance with (k) above shall reflect the maximum number of children approved
by the local fire inspector, health officer, and zoning officials, and in
accordance with the available floor space as measured by the department in
accordance with He-C 4002.22(e) and the number of available toilets and sinks
in accordance with He-C 4002.22(d).
(m) In accordance with RSA 541-A:30, I, an existing license shall not expire
until the department takes final action upon the renewal application, provided
a licensee submits a timely application in accordance with this section.
(n) The license or permit shall:
(1) Not be transferable to a new owner or to a new location; and
(2) No longer be valid when:
a. The licensee or
permittee has surrendered a license or permit;
b. The license has expired and a complete application form with
attachments has not been received by the department; or
c. The license or permit has been revoked or suspended; and
1. The
licensee or permittee did not request an administrative hearing; or
2. The
licensee or permittee requested an administrative hearing and, following that
hearing, a decision was issued upholding the revocation or suspension.
(o) The licensee or permittee
shall submit an application for revision:
(1) When he or she wishes
to add additional program types or change the type(s) of program for which they
are licensed or permitted; or
(2) Prior to moving to a
new location.
(p) A licensee or permittee who wishes to increase his
or her license capacity shall:
(1) Submit a
written request to the department;
(2) Obtain approvals from the local fire inspector, health inspector, and
zoning officials, when the increase exceeds the limits established in the
current approvals;
(3) Submit
diagrams of indoor and outdoor space if there have been changes in the child
care space; and
(4) Not increase enrollment beyond the current license capacity until the
department issues the program a revised license or permit or other written
authorization by the department for the increased license capacity.
(q) A licensee or permittee
who discontinues using a space for child care shall notify the department in
writing within 5 business days of the change so that it can record the change
in the file and revise the license accordingly if necessary.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08;
ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss by #12174, EMERGENCY
RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff 11-6-17; ss by #13373,
eff 4-22-22
He-C
4002.03 Time Frames for Departmental
Response to Applications.
(a) Pursuant to RSA 541-A:29, the department
shall approve or deny an application, petition, or request no later than 60
days from receipt of the application, petition, or request and any additional
information requested by the department.
(b) The 60 days specified in (a) above shall
begin on the date on which all requested information is received by the
department.
(c) The department shall approve or deny waiver requests
and applications for license revisions within 60 days of receipt of the
completed waiver request or application for revision.
(d) Any outstanding corrective action plan for
citations of rule or statute shall be considered additional information under
(a) above.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.04); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.12)
He-C 4002.04 Waivers of Rules.
(a) Applicants,
licensees, or permittees who wish to request a waiver of rules shall contact
the unit to initiate the waiver request process.
(b) Applicants,
licensees, or permittees with a “NH Connections” portal account shall
request a waiver through their account or by providing the following
information in writing:
(1)
The program name, address, phone number, email address, and license
number;
(2)
The rule numbers for which the waiver is being requested;
(3)
A brief explanation of the reason for the waiver, the length of time for
which the waiver is requested, how the program will meet the intent of the
rule, and any affect the granting of the waiver will have on the health and
safety of the children in the program;
(4)
The number and range of ages of the children who will be affected;
(5)
The signature of the family child care provider, center director, agency
administrator, site coordinator, or site director, as applicable; and
(6)
A copy of a notice which has been provided to each parent, explaining
the specifics of the waiver request and informing parents that they may call
the unit if they have any concerns about the requested waiver.
(c) A waiver shall be granted to the applicant,
permittee, or licensee if the department determines that the alternative
proposed by the applicant or licensee:
(1)
Meets the objective or intent of the rule; and
(2)
Does not negatively impact the health, safety, or well-being of the
children.
(d) When a waiver is approved, the licensee’s
subsequent compliance with the alternatives approved in the waiver shall be
considered equivalent to complying with the rule from which waiver was sought.
(e) The department shall not approve any request
for a waiver of any of the provisions of RSA 170-E or of any rules of other
state agencies which are referred to in this chapter.
(f) The department shall deny or rescind a waiver
request when:
(1)
The rule for which a waiver is being requested is related to fire safety
or environmental health or safety and the requested waiver has not been
approved by the fire inspector or local health officer, as required by the
department;
(2)
The program has an outstanding corrective action plan that requires
submission and approval by the department;
(3)
The department finds that approval of the requested waiver will
jeopardize the health or safety of children;
(4)
The department finds that approval of the requested waiver will impair
the program’s ability to adequately care for children;
(5)
The department finds that approval of the requested waiver will impair
the operations of the program; or
(6)
The department determines that the program has not submitted a written
plan for compliance with the rule or an acceptable plan for satisfying the
intent of the rule as an alternative to complying with the rule.
Source.
#2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.05); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.03)
He-C
4002.05 Program Administration and
License and Permit Requirements.
(a)
The program shall:
(1) Abide by the provisions specified on the
license or permit; and
(2) Not alter the license or permit issued by the
department.
(b) Authorization to exceed the
license capacity shall be granted only when the program requests and receives
prior authorization from the department to temporarily exceed its license
capacity as provided under (c) below.
(c) The department shall
authorize a licensee to exceed its license capacity on a temporary basis for up
to a maximum of 20 workdays in a calendar year, if the department finds that
the approval will not result in:
(1)
More than 4 children younger than 3 years of age being cared for at the
same time in a family or family group child care home;
(2)
More than 2 children younger than 24 months of age in a family child
care home, without an additional family child care worker or family child care
assistant present and assisting in the care of the children;
(3)
More than 2 children over license capacity in a family or family group
child care home;
(4)
More than 4 children over license capacity in all other programs; or
(5)
Health or safety risks to children.
(d)
In center-based programs, the licensee shall employ an identified:
(1)
Center director for center-based programs; or
(2)
A site coordinator or site director for programs licensed solely as a
school-age program.
(e) The center director, agency administrator, site
coordinator, or site director referenced above shall meet the qualifications
specified for their position in He-C 4002.35.
(f) When the center director, agency administrator, site
coordinator, or site director on record with and approved by the department
leaves the position, the licensee, permittee or his or her designee shall
submit to the department:
(1)
Written notice of the vacancy 5 business days prior to the vacancy
occurring when known, or within 5
business days of the date of the vacancy; and
(2)
The name and qualifications of the individual who will substitute in the
role together with documentation that the individual accepted the position.
(g) Any individual assuming the
role of center director or site director on a temporary basis who is not
qualified for the position in accordance with He-C 4002.35 shall serve in that
role for not more than 90 consecutive days.
(h) Not more than 90
consecutive days after the date the qualified center director or site director
previously on record with and approved by the department leaves the position,
the program shall:
(1) Replace that individual
with a fully qualified center director or site director as specified; and
(2) Submit to the department information
and documents for the new qualified center director or site director,
including:
a. Name;
b. The effective hiring date;
c. Documentation of education
and experience; and
d. All information required in
He-C 4002.02(d)(1) and (h).
(i) When an agency administrator or site
coordinator leaves his or her position, the program shall:
(1) Replace him or her with a
new agency
administrator or site coordinator within 90 days and
submit information as specified in (h)(2) above; or
(2) Submit information in
(h)(2) above for each center director or site director at each location if the agency administrator or site
coordinator position will not be filled.
(j) In accordance with RSA
170-E:6-b, each licensee and permittee shall either maintain liability
insurance or provide disclosure to parents that the program is uninsured.
(k) All documentation required
by the department, whether maintained by the program in electronic or paper
format, shall be complete, legible, and:
(1) On file on the premises of
the program; and
(2) Accessible and available
for review by the department, upon request, for one year, unless otherwise
specified.
(l) The applicant, licensee,
permittee, or any child care staff shall submit any reports or make available
to the department any records or information required by the department for
investigation, monitoring or licensing purposes within 2 business days of a
written request from the department.
(m) The applicant, licensee,
permittee, or any child care staff shall not:
(1) Make false or misleading
statements to the department, whether verbal or written; or
(2) Falsify any documents,
other written information, or reports issued by or required by the department
under He-C 4002.
(n) Applicants, licensees,
permittees, and child care staff shall allow representatives of the department
to:
(1) Enter and complete an
inspection of the premises;
(2) Document evidence or
findings through written records, audio recording of conversations or
statements with individuals who have consented to the recording, and by
photographing inside or outside child care space, other areas of the premises,
toys, equipment, and learning materials;
(3) Interview child care staff, members of
the board of directors or other governing body, or children in the program; and
(4) Review and or reproduce any
forms or reports which the applicant, licensee, or permittee are required to
maintain or make available to the department under He-C 4002.
(o) Administrators, other
program staff, or other individuals shall not:
(1) Require or request that the
individual being interviewed by department staff ask that another person be
present for or be recorded during the interview unless the individual being
interviewed requests that another person be present with them;
(2) Attempt to influence the
response of any individual whom department staff is interviewing by signaling
them during the interview, telling them what to say, or threatening them with
retaliation for providing information to the department;
(3) Require or request staff or
children who have been interviewed by the department to provide statements to
program administration or other staff regarding their interview; or
(4) Require or encourage
parents to refuse granting permission for their child to be interviewed by
representatives of the department.
(p) In accordance with RSA 170-E:3, IV, when licensed child day
care entity ceases operating as a licensed program and continues to provide
child care services as a legally licensed exempt provider, it shall notify the
department of the date it ceased being licensed, return its license to the
department, and notify the parent or legal guardian of all children in the
program or who enroll in the program that it is no longer licensed by the
department.
(q) A licensee who has an unplanned temporary
closure shall notify the department of such closure as soon as practicable.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.06); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22
He-C 4002.06 Statements
of Finding and Corrective Action Plan.
(a) The department shall issue
a statement of findings to an applicant, licensee, or permittee for each
licensing and monitoring visit, and each investigatory visit which results in
non-compliance.
(b) A
non-compliance under He-C 4002.23, He-C 4002.24, or He-C 4002.25 shall not require a
corrective action plan as specified in (g) below when the department determines
that all of the following conditions are met:
(1) The citation is not a repeat citation;
(2) The non-compliance is corrected prior to or immediately during the
visit;
(3) The non-compliance is not a New Hampshire state fire code violation;
and
(4) The non-compliance does not immediately jeopardize the health,
safety, or well-being of a child or children in care.
(c)
At the close of any visit or when an investigation is concluded, or as
soon as possible thereafter, the department shall review with the center
director, site director, family child care provider, or his or her designee, a
summary of any citations of rules found during the visit.
(d)
Within 21 calendar days of the visit review in (c) above, and in
accordance with RSA 170-E: 10, III, the department shall provide the statement
of findings via email, if a valid email address has been provided by the
program, by uploading to the programs “NH Connections” portal, if applicable,
or by U.S. mail if an email address has not been provided.
(e)
The program shall not alter the statement of findings including but not
limited to revising evidence or dates as documented by the department.
(f)
The family child care provider, center director, or site director shall
complete a corrective action plan for each citation included on the statement
of findings, which shall include:
(1) The action the program has taken or will take
to correct the citation(s);
(2) The steps the program will take to ensure
compliance with these rules and the applicable statutes in the future;
(3) The date by which each of the citations was
corrected or will be corrected;
(4) The interim measures the program has
implemented to protect the health and safety of children, when the citation
cannot be corrected immediately; and
(5) The signature
of the provider for family and family group child care homes and of the center
director, agency administrator, site director, or site coordinator for
center-based programs.
(g)
The family child care provider, center director, agency administrator,
site director, or site coordinator shall complete corrective action plans and
return them to the department in accordance with the following:
(1) The corrective action plan shall be submitted
to the department within 21 calendar days of the date the department issues the
statement of findings; and
(2) The names of individuals shall not be
included in the corrective action plans.
(h)
In addition to the corrective action plan, the program may submit a
separate response to the department's findings. The response shall be posted
with the corrective action plan on the website, in accordance with RSA 170-E:
10, II and III.
(i)
When the corrective action plan submitted to the department by the
program in accordance with (f) and (g) above is not acceptable for correcting
the citation, the department shall issue a directed corrective action plan to
the program.
(j)
Not withstanding (h) and (i) above, when the department determines that
there is an imminent threat to the health or safety of children, it shall issue
a directed corrective action plan to the program, without first offering the
program an opportunity to complete a corrective action plan.
(k)
When a program receives a corrective action plan issued by the
department, in accordance with (i ) or (j) above, it shall:
(1) Add any additional details regarding the
action plans the program feels are necessary; and
(2) Complete and return the corrective action
plan in accordance with (f) and (g) above.
(l)
The department shall initiate enforcement action without first
requesting that the program submit a corrective action plan when a program has
repeatedly been out of compliance with licensing rules or statute or has been
cited for a rule or statute which resulted in physical or mental injury to a
child or caused a child to be in danger of physical or mental injury.
(m)
Programs shall comply with approved corrective action plans and corrective action plans issued in accordance with (i)
and (j) above.
(n) Programs shall maintain
on file on the premises and make available upon request to clients and
perspective clients, a copy of the statement of findings and corrective action
plan approved or issued by the department for the visit immediately preceding the
visit represented on the statement of findings posted in accordance with He-C
4002.14(a)(2).
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.07); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22
He-C 4002.07 Informal
Dispute Resolution.
(a) An opportunity for informal
dispute resolution shall be available to the licensee or permittee who
disagrees with a citation issued by the department, per RSA 170-E:10-a.
(b) When requesting an informal dispute
resolution, the applicant, licensee, center director, or site director shall:
(1) Submit a written notice to the department
requesting an informal dispute resolution no later than 14 days from the date
of issuance of the statement of findings; and
(2) Include in the notice why the applicant,
licensee, or permittee believes that the citation was issued erroneously as
noted in the statement of findings.
(c) In accordance with RSA
170-E:10-a, written notice of the department’s decision shall be provided to
the applicant or licensee within 30 days from receipt of the request and
receipt of any and all information from the applicant, licensee, or permittee.
(d) An informal dispute
resolution shall not be an option for any applicant, licensee, or permittee
against whom the department has initiated a fine, a conditional license, or
action to suspend, revoke, deny, or refuse to issue or renew a license or
permit, unless the applicant, licensee, or permittee waives their right to the
appeal the action initiated.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.08); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 402.11)
He-C
4002.08 Staff and Child Attendance
Records.
(a) The program shall
maintain daily child attendance records, in either paper or electronic format,
including the child’s full name, date of birth, and their arrival and departure
times in the program and each room or group throughout the day, as applicable,
recorded in real time by staff or parents.
(b)
The program shall maintain daily staff attendance records, in either
paper or electronic format, including the staff’s full name, scheduled work
hours, their position as identified under He-C 4002.35, and their arrival and
departure times at the program and in each room or group throughout the day, as
applicable, recorded in real time by the staff.
(c)
The only exception to (b) above is staff shall not be required to sign
in and out for breaks lasting fewer than 15 minutes when the staff remains in
the building, or to conduct necessary tasks on the premises.
(d)
The licensee shall maintain all child and staff attendance records
available for review by the department for 6 months.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.09); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22
He-C 4002.09 Staff
Record Requirements.
(a)
The program shall maintain on file for each staff member:
(1)
Documentation of the staff’s qualifications, including a resume,
transcripts, diplomas, or any other documentation, which demonstrates their
qualifications;
(2)
Documentation of a completed background check in accordance with He-C
4002.41;
(3)
A record of health screening, in accordance with (b) below;
(4)
Documentation of orientation, certifications, training, and professional
development, as applicable;
(5)
Documentation verifying the staff reviewed the program’s emergency
operations plan in accordance with He-C 4002.16(j);
(6) Documentation verifying the staff
reviewed their job description required in He-C 4002.16(e); and
(7)
Documentation of supervision regarding disciplinary actions or
investigations specific to the staff member.
(b)
A written record of a health screening for all child care staff,
household members and other individuals who have 5 or more hours per week of
contact with children shall:
(1)
Be on file at the program and available for review by the department for
all child care staff within 60 days of the date of hire or the date the
household member or individual begins having daily contact with children; and
(2)
Include, at a minimum, the information on the “Child Care Personnel
Health Form” (11/2017) provided by the department, or its equivalent.
(c) The only exception to (b)
above shall be for child care staff working in school age programs who are
currently employed in a public or private school.
(d) The initial record of the
health screening required in (b) above for newly hired child care staff shall:
(1)
Have been completed not more than 12 months preceding the date of hire
or the date the individual began having contact with children; and
(2)
Include a statement by the health care provider that indicates the
individual has no apparent health conditions that would prohibit or inhibit his
or her ability to care for children.
(e)
Health screenings required under (b) above shall be repeated every 3
years and a new record of a health screening shall be on file at the program no
more than 3 years and 60 days after the date of the previous health screening record
on file at the program.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.10); ss by #9605, eff 11-26-09; ss by #12046, INTERIM, eff
11-19-16, EXPIRES: 5-18-17; ss by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES:
11-13-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22
He-C 4002.10 Child
Record Requirements.
(a) Child care
staff shall ensure that for each child, upon the child’s first day in
attendance in the program, there is a “Child Care Registration and
Emergency Information” (April 2022) form or an equivalent form provided by the
child care program completed and signed by the parent, on file, which contains:
(1) Full legal name of the
child;
(2) Child’s date of birth;
(3) Child’s physical address
and mailing address;
(4) Child’s home telephone
number;
(5) Date of enrollment in the
program;
(6) The name, physical address,
and mailing address of the parent(s) responsible for the child, if different
from the child’s address;
(7) Telephone numbers for the
child’s parents and instructions as to how the parents can be contacted during
the hours that the child is at the program;
(8) Email addresses for the
parents, if available;
(9) Names and telephone numbers
of at least one person who will assume responsibility for the child, if for any
reason, the parents cannot be reached immediately in an emergency;
(10) Any chronic conditions,
allergies, or medications in case of sudden illness or injury;
(11) Written parental
permission for first aid treatment;
(12) Written parental
permission for emergency medical transportation and treatment;
(13) The name and telephone number of each
child’s physician or health care provider; and
(14) Names and telephone
numbers of any person(s) other than parents who are authorized to remove the
child from the program.
(b) The program
shall require each child’s parent(s) to review, sign, and date, on an annual
basis, the “Child Care Registration and
Emergency Information” (April 2022) form, or its equivalent, to ensure that accurate,
current information is on file.
(c) The program
shall ensure each child’s registration and emergency information form contains
the following statements:
(1) “NOTE TO PARENT/S or GUARDIAN/S: The
licensing authority for this program is the bureau of licensing and
certification, child care licensing unit. Child care programs are
required to post a copy of the statement of findings and corrective action plan
for the most recent visit in a location which is accessible to parents, and
must maintain copies of the statement of findings and corrective action plan
for the preceding visit and make them available for parents to review upon
request. Statements of findings and corrective action plans are also
available on-line at: https://nhpublichealth.force.com/nhccis/NH_ChildCareSearch or by calling the unit at 603-271-9025;
or 1-800-852-3345 ext. 9025”;
(2) “During visits to programs,
licensing staff speak with children regarding the care they receive at a
program if in the judgment of the licensing staff the children’s response would
be valuable in determining compliance with licensing
rules. Licensing staff are experienced in working with children and
trained to speak with children in a manner that is respectful and
non-leading. Children will remain with their class or group during
these conversations with licensing staff, and at no time will a child be forced
to speak with a licensing coordinator. Please indicate whether licensing staff
may speak with your child while they are with their class or group:
a. I give permission for child
care licensing staff to speak with my child while with their class or group;
b. I do not give my permission
for child care licensing staff to speak with my child while with their class or
group.”; and
(3) “If licensing staff
believes your child may have specific information regarding an alleged event at
the program, and determines that it is best to interview your child separately
and not with their class or group, please indicate your preference among the
following options:
a. I give permission
for child care licensing staff to interview my child at the child care program
separate from their class or group;
b. I wish to be
notified prior to child care licensing staff interviewing my child at the child
care program separate from their class or group;
c. I do not give my
permission for child care licensing staff to interview my child at the child
care program separate from their class or group.”
(d) The program shall request and maintain on
file for each child documentation of immunizations in accordance with RSA
141-C:20-a, RSA 141-C:20-b, and He-P 301.14.
(e) The documentation described in (d) above
shall be on file on the first day the child is in attendance at the program or,
pursuant to 45 CFR § 98, 41(a)(1)(i)(C), for children experiencing homelessness
or for children in foster care within 60 days of the first date of attendance,
to allow families or persons responsible for their care to obtain and provide
documentation of immunizations.
(f) Exemptions
from the immunizations required under (d) above shall be in accordance with RSA
141-C:20-c.
(g) Programs shall complete the department’s annual report
of children’s immunizations in accordance with RSA 141-C:20-e and He-P
301.15(d).
(h) The
program shall maintain on file a completed child health screening form “New
Hampshire Early Childhood Health Assessment Record” (May 2012) provided by the
department, or an equivalent record of physical examination which is available
for review by the department for each child no more than 60 calendar days after
the date of admission.
(i) A
written record of a health screening or physical examination update shall be on
file in accordance with the following:
(1) For children younger than 6
years of age, programs shall have on file a copy of a physical examination
completed within 60 days of the date of expiration of the last record of
physical exam on file; and
(2) For children ages 6 and
older, programs shall have on file a copy of the physical examination record
completed within the year prior to enrollment.
(j) Programs
shall not be required to obtain physical examination records for children whose
parents object in writing, on the grounds that such physical examination is
contrary to their religious beliefs.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.11); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22
He-C
4002.11 Children Who Are Ill.
(a)
Child care staff shall observe each child, each day upon arrival and
throughout the day for injuries and symptoms of illness which:
(1) Impair or prohibit the
child’s participation in the regular child care activities; or
(2) Require more care than
child care staff are able to provide without compromising the health and safety
of the ill, or injured child, or the other children in their care.
(b) Unless a program is
following guidance issued by the department’s division of public health as a
result of a disease outbreak or public health emergency, the program shall
not deny admission or dismiss a child due to illness, unless one of the
following conditions exist:
(1)
An oral or forehead temperature of 101 degrees Fahrenheit or greater, or
100 degrees Fahrenheit or greater when taken via the armpit, accompanied by
behavior changes or signs or symptoms of illness until medical evaluation
indicates inclusion in the program;
(2)
Symptoms and signs of possible severe illness such as unusual lethargy,
uncontrolled coughing, irritability, persistent crying, difficult breathing,
wheezing, or other unusual signs until medical evaluation allows inclusion;
(3)
Uncontrolled diarrhea, that is, increased number of stools, increased
stool water, and/or decreased form that is not contained by the diaper, until
diarrhea stops;
(4)
Vomiting illness, including two or more episodes of vomiting in the
previous 24 hours, until vomiting resolves or until healthcare provider
determines illness to be non-communicable, and the child is not in danger of
dehydration;
(5)
Rash with fever or behavior change, until a healthcare provider
determines that these symptoms do not indicate a communicable disease; or
(6)
The conditions in (a)(1) or (a)(2) are met.
(c) Child care
staff shall provide any child who is ill an opportunity to rest or an
opportunity to do a quiet activity in a comfortable, private, supervised area,
including areas not regularly considered child care space, such as offices, provided
the space is safe for children to occupy, until parents arrive to remove the
child from the program.
(d) The family child care
provider, center director, site director, or designee shall contact the bureau
of disease control and prevention for instructions in accordance with the
following:
(1)
When child care staff or children in the program have symptoms of or are
known to have a communicable disease to determine whether the ill individual is
required to be excluded from the program; and
(2)
To determine reporting requirements in accordance with RSA 141-C:7, He-P
301.03(c) and (d), and He-P 301.03(h).
(e) When any child
care staff or children in the program have symptoms of or are known to have a
communicable disease:
(1) Any spills of bodily fluids
shall be immediately cleaned and sanitized;
(2) Persons involved in
cleaning surfaces contaminated with bodily fluids shall:
a. Wear protective disposable gloves while
cleaning, disinfecting, and sanitizing the contaminated surface; and
b. Immediately wash their hands
with soap and running water after discarding the gloves; and
(3) Any materials, including
disposable gloves and diapers contaminated by bodily fluids, shall be
immediately disposed of in a plastic bag with a secure tie or in a covered,
plastic bag-lined, hands-free receptacle.
Source. #2664, eff 3-30-84; amd by #4157, eff
11-3-86; amd by #4228, eff 2-23-87; ss by #4871, eff 7-24-90; ss by #5203, eff
8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.12); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22
He-C 4002.12 Record of
Injury.
(a)
If any child has a serious injury while in the care of the program,
consisting of fractures, dislocations, stitches, second or third degree burns,
concussions, loss of consciousness, or requires emergency medical treatment or
hospitalization, the family child care provider, center director, or site
director shall:
(1)
Immediately notify emergency personnel and the child’s parents;
(2)
Notify the department within 48 hours via e-mail, fax, or the NH
Connections portal; and
(3) Within 7 days, provide the department
a written report via e-mail, fax, or the NH Connections portal, detailing the
nature and circumstances of the serious injury.
(b) Child care
staff shall administer first aid treatment to any injured child:
(1) When the injury is a minor
scrape or bruise, first aid treatment, including but not limited to cleaning or
applying a cold cloth or band aid, shall be provided by any child care staff;
and
(2) When the injury is more
than a minor scrape or bruise, a staff member who is certified in first aid in
accordance with standards from organizations as referenced in He-C 4002.20(m)(2)
shall administer first aid treatment.
(c) Child care staff shall complete a written
record of the injury and all first aid provided.
(d)
All records of injury shall include:
(1) The name and date of birth
of the child;
(2) The date and time of the
injury;
(3) A description of where and
how the injury occurred including what the child was doing at the time he or
she was injured;
(4) Identification of the
injury including type of injury, body part injured, and side of body, if
applicable;
(5) A description of first aid
provided and any other treatment required including the identity of the
individual or medical facility that provided the treatment;
(6) The names and dated
signatures of child care staff and others who witnessed the injury;
(7) The name and dated
signature of the staff person who was responsible for supervising the child
when the injury occurred;
(8) The time and method by
which the child’s parent(s) were notified;
(9) The dated signature of the
parent(s) or a notation by staff that parents refused to sign; and
(10) The dated signature of the
family child care provider, center director, site director, or his or her
designee, indicating that he or she has reviewed the report.
(e) The injury
record required under (c) above shall be:
(1) Provided to the parents of
the child who was injured;
(2) Provided
to the department only for all serious injuries; and
(3) Maintained in a separate
file at the program, and available for review by the department for 3 years.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.14); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22
He-C 4002.13 Children
With Disabilities.
(a)
The licensee shall accept and make reasonable accommodations to welcome
and serve, or continue to serve, any child with a disability.
(b)
In determining whether accommodations are reasonable and necessary, the
program shall:
(1)
Refer to the Americans with Disabilities Act; and
(2) If applicable, request
parental release of information from professionals providing services to the
child specific to the disability.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.15); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22
He-C 4002.14 Required
Postings.
(a) The program shall post in a
prominent location:
(1) The current license or
permit, visible to parents, staff, and visitors;
(2) The most recent statement
of findings and corrective action plan approved by the department, where it is
visible to parents, staff, and visitors;
(3) A written plan for
emergency procedures and managing injuries, which shall include:
a.
The location of first aid supplies;
b.
The location of child care registration and emergency information forms;
c.
The name, address, and telephone number of the hospital to which
children will be taken in case of acute emergency when parents cannot be
contacted or delay of treatment appears dangerous;
d.
Instructions to dial 911 to access emergency responders;
e.
The Northern New England Poison Center at 1-800-222-1222; and
f.
The names and telephone numbers of emergency substitute staff;
(4)
Emergency and evacuation procedures, posted next to each exit;
(5)
With permission of the parent, each child’s allergy care plan and
treatment plan, in the kitchen or food preparation area, the child's classroom,
and wherever the child may have contact with the allergen(s); and
(6)
For programs that provide meals or snacks to children ages one year and
older, the weekly written menus which reflect all meals and snacks served
to children in a location where it is accessible to parents.
(b) In the event a parent
does not authorize posting of their child’s allergy care plan as required in
(a)(5) above, the program shall ensure the plan is located in those locations
and all staff working in those locations know where the plans are and review
the plan upon entering those locations.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.16); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22
He-C 4002.15 Notice and
Reporting Requirements to the Department and Parents.
(a) A licensee or permittee
shall notify the unit:
(1)
Using the “NH
Connections” portal or in writing prior to changing
the name or advertising under a new name, including any documentation from the
secretary of state, if applicable, when he or she wishes to change the name of
the program, so that a revised license which reflects the name change can be
issued;
(2)
Using the “NH
Connections” portal or in writing within 2 business
days when there is a change in mailing address, email address, or phone number;
(3)
Using the “NH
Connections” portal or in writing within 5 business
days when child care staff, other staff, or household members are no longer
working in the program or part of the household, to include their full name and
the date he or she left the program;
(4) In writing 5 business days
prior to the vacancy when known, or within 5 business days of the date of the
vacancy of the center director, agency administrator, site coordinator, or site
director, pursuant to He-C 4002.05(f);
(5) Within one business week
when the licensee voluntarily ceases operations, pursuant to He-C 4002.05(p);
(6) When a licensee ceases
operations as a licensed provider and operates legally licensed exempt,
pursuant to He-C 4002.05(p);
(7) When a licensee temporarily
closes for longer than 30 days, pursuant to He-C 4002.05(q);
(8) Within 48 hours of a child
sustaining a serious injury, pursuant to He-C 4002.12(a)(2);
(9) Prior to making any
structural changes to indoor or outdoor child care space that would create a
wall, change room capacity, or egress, or adding new space, pursuant to He-C
4002.22(c)(1);
(10) Within 24 hours of any
changes in indoor or outdoor space due to an emergency, pursuant to He-C
4002.22(c)(2);
(11) In writing within 5
business days regarding changes pursuant to He-C 4002.02(q) and He-C
4002.22(c)(3);
(12) No later than the next business day after
calling law enforcement or emergency responders to the program for incidents or
events involving enrolled children;
(13) When there is a motor vehicle accident
involving program staff and children, or when children are involved in a motor
vehicle accident during a program-sponsored trip involving a driver not
employed by the program or licensee;
(14) Within 24 hours of any occurrence of a
missing child or a child who has been put at risk due to lack of supervision;
and
(15) Within 24 hours of the death of a child, and
provide the department a written report detailing the circumstances that led up
to the death within 72 hours.
(b) A licensee, permittee, or
his or her designee shall:
(1) As mandated reporters,
report to the division for children, youth, and families at 1-800-894-5533, if
the licensee, permittee, child care staff, or other person involved with a
program suspects that a child is being abused or neglected, in accordance with
RSA 169-C:29; and
(2) Contact the bureau of
disease control and prevention in accordance with He-C 4002.11(d).
(c) The center director, site director, family
child care provider, or designee shall notify a child’s parent(s):
(1) Immediately to report any
allegation of abuse or neglect involving their child while in the care and
custody of the licensee;
(2) Immediately to report that their child was
the victim of corporal punishment, rough handling, or other harsh treatment by
child care staff;
(3) Immediately to report that child care staff
failed to supervise their child;
(4) Immediately to report that their child’s
health, safety, or well-being was seriously jeopardized due to non-compliance
with He-C 4002 or RSA 170-E;
(5) Immediately to report that their
child sustained a serious injury that required emergency medical treatment or
hospitalization, in accordance with He-C 4002.12(a)(1);
(6) Immediately if
their child sustains a bump or injury to their head or face that is more than a
minor injury such as a scrape or scratch, resulting in any one of the
following:
a. Excessive bruising or
swelling;
b. An increase in fussiness or
sleepiness;
c. Dizziness, clumsiness, or
trouble with coordination;
d. Nausea or vomiting;
e. Loss of consciousness;
f. Headache;
g. Speech, vision, or hearing
impairment; or
h. Discharge or blood from the
bump;
(7) Except as required in (6) above, as soon as possible
on the date their child sustains an injury that is more than a minor scrape or
bruise which requires first aid treatment, medical treatment, or medical
consultation;
(8) Immediately in
the event of a suspected allergic reaction or ingestion of or contact with a
known allergen, even if a reaction did not occur;
(9) Immediately in
the event of a medication error, and by the end of the day in the event of an
error in documentation the administration of medication;
(10) Immediately
after calling the police when the program determines that their child is
missing;
(11) Immediately if
their child dies while under the care of the program;
(12) Upon
determining the need to remove their child from the program due to illness, in
accordance with He-C 4002.11(b);
(13) Within 24
hours, notify all parents via posting of written notice at the program, email
to parents, or private social media account whenever a communicable disease or
condition is identified in the program;
(14) Whenever the
program deviates from the planned menu as indicated on children’s allergy care
plans, as applicable; and
(15) In writing:
a. When the program
reduces staff during naptime in accordance with He-C 4002.26(v)(5) and (6); and
b. At least 2 days
prior to of the use of any pesticides in accordance with He-C 4002.23(j).
(d)
Child care staff shall provide a written report by the next business day
to the parents of the child or children involved to fully inform them of the
details of the incident described in (c)(1)-(7) above, including if known:
(1) The name of who
was involved in, and who witnessed the incident, while keeping the identities
of other children confidential;
(2) What occurred
prior to and following the incident;
(3) When and where
the incident occurred; and
(4) Any action
taken, or that will be taken by the program as a result of the incident.
(e) In addition to the circumstances for
notifying emergency services as prescribed in first aid and CPR training, the
licensee or permittee shall notify emergency services:
(1) In the event of a missing child, call the
police as soon as it is determined that the child is not on the premises;
(2) Immediately whenever staff administer
epinephrine (Epi-pen) to a child; and
(3) Immediately when a child dies.
(f) When the unit determines that a child was the
victim of abuse, neglect, corporal punishment, or other harsh treatment, a
child was physically injured because he or she was not supervised, or any
child’s health, safety, or well-being was otherwise jeopardized due to a
program’s non-compliance with licensing rules, the department shall notify the
child’s parents.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.17); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22
He-C 4002.16 Requirements
for Written Policies and Procedures and Job Descriptions.
(a) Licensees shall have and implement written
policies regarding:
(1)
A retention plan to prevent expulsion of children, which outlines how
the program will address children’s behaviors that pose a serious safety risk,
which includes at a minimum:
a. Parent notification and ongoing communicating
regarding their child’s behavior;
b. The steps the program will
take to assist the child in maintaining enrollment;
c. Parent notification when
the child’s enrollment cannot be maintained; and
d. The responsibilities of the
program if the child’s behavior results in a serious safety risk to the child
or others within the program; and
(2) Children’s access to and use of television,
video, and electronic devices, which shall include at a minimum:
a.
Age and developmentally appropriate materials;
b.
Supervision by staff when in use and installation of any monitoring
software; and
c. How the program will comply with parental
restrictions regarding their child’s use of electronic media.
(b)
The policy required in (a)(1) above shall only apply when addressing a
child's behavior and not a parent's misconduct or the parent's failure to
comply with other child care rules or laws.
(c) Programs operating exclusively outdoors shall
have written policies to include:
(1)
The conditions when the program will not operate due to inclement
weather, including excessive heat, extreme cold or when there is a severe
weather alert;
(2)
The expectation of parents to provide appropriate clothing according to
the season and current weather conditions; and
(3)
How child care staff will monitor children regarding their comfort
including their warmth or signs of overheating and the action child care staff
will take in response to children’s comfort related to the weather conditions.
(d) The program shall provide
the written policies to parents at enrollment.
(e) The licensee shall have a written job
description for each direct child care staff position, including the scope of
responsibility, required tasks, and the position to whom they report, with
documentation of review on file in
accordance in He-C 4002.09(a)(6).
(f) Programs shall have an emergency operations
plan (EOP) prior to issuance of a permit or renewal of a license.
(g) All EOPs shall:
(1) Be modeled on the National
Incident Management System (NIMS), which includes the Incident Command System
(ICS), in coordination with local emergency response agencies in the community
in which the program is located;
(2) Contain procedures for
communication and reunification with families; and
(3) Include response actions,
for natural, human-caused, or technological incidences including, but not
limited to:
a. Evacuation, both within the
building and off-site;
b. Secure campus;
c. Drop, cover, and hold;
d. Lockdown;
e. Reverse evacuation;
f. Shelter-in-place; and
g. Bomb threat or scan.
(h) All response
actions in (g)(3) above shall include accommodations for infants and
toddlers, children with chronic medical conditions, and children with
disabilities or with access and functional needs.
(i) Programs that
plan to resume operations after an emergency shall have a continuity of
operations plan (COOP) to ensure that essential functions continue during, or
resume rapidly after, a disruption of normal activities.
(j)
All staff shall review the program's EOP within 30 days of their date of
hire and sign and date an acknowledgement of their review, with the acknowledgement
kept on file for review by department staff.
(k) Upon
enrollment, programs shall provide families with information from the EOP that
addresses communication and reunification procedures.
(l) In addition to the requirements for policies
and procedures above, the licensee shall provide all child care staff with all
policies and procedures upon hire, and ensure that they are familiar with them
and comply with them, as applicable.
(m)
Child care staff shall review and sign off on changes to policies and
procedures required in rule within 30 days of the date of the changes, with
documentation of the review kept on file for review by department staff.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.18); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22
He-C 4002.17 Emergency
Preparedness and Practice Drills.
(a) Except for nature-based
programs that operate solely outside, programs shall conduct fire drills in
accordance with the following:
(1)
Programs that operate continuously throughout the year shall conduct at least one drill each
month of operation;
(2)
Programs that operate only during the school year shall conduct a drill
within 14 days of opening each year and monthly thereafter;
(3)
Programs that operate only during the summer months shall conduct one
fire drill in each month of operation;
(4)
Child care personnel shall conduct fire drills at varying times during
operating hours, including night time hours, if applicable, to ensure that each
child attending the program experiences fire drills;
(5) Child care staff shall
activate the actual fire alarm system for the building for at least 2 of the
required monthly fire drills required each year and use a fire alarm or smoke
detector to signal all other fire drills;
(6) All children and child care staff
shall evacuate the building during each fire drill; and
(7)
Child care staff shall check daily attendance records to ensure that all
children and staff are accounted for, after the building is evacuated.
(b) The only exception to
(a)(5) above shall be for school age programs operating in a public or private
school, use of the actual fire alarm system for the building shall not be
required for the monthly fire drills.
(c) Programs shall
complete a written record of fire drills, which shall be:
(1) Maintained on file at the
program for one year; and
(2) Available for review by the
fire inspector and the department.
(d) The written
record of fire drills required under (c) above shall include:
(1) The date and time the drill
was conducted and if the actual fire alarm system was used;
(2) The exits used;
(3) The number of children
evacuated and total number of people in the building at the time of the drill;
(4) The amount of time taken to
evacuate the building; and
(5) The name of the person
conducting the drill.
(e) The center
director, site director, or family child care provider or his or her designee
shall conduct a fire drill in the presence of a representative of the
department or the local fire department upon request by either of those
entities.
(f) In order to assure that staff and children
are familiar with all of the EOP drills, programs shall:
(1) Practice evacuation off-site and bomb threats
once per year with all child care staff;
(2) Practice at least 2 other components of their
EOP with all child care staff and children each calendar year; and
(3) Review all EOP response actions with all
staff at least 4 times each calendar year.
(g)
Child care personnel shall record and maintain on file for review, a log
of the practice drills and staff reviews required in (f) above, that include:
(1)
The date and time of the drill time,
(2)
The type of drill practiced or drill reviewed:
(3)
The method of review or practice, such as in-person, or review of
on-line training;
(4)
The name of all staff that participated in the review or drill; and
(5)
The signature and date of the person conducting the review or drill.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.19); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22
He-C 4002.18 Interactions
Between and Among Adults and Children.
(a) Child care staff shall
nurture and encourage each child in care by providing each child with a variety
of developmentally appropriate learning and social experiences and establishing and maintaining
a learning environment that provides for the emotional well-being of each child.
(b) When a child is engaging in
unacceptable behavior, child care staff shall:
(1) Redirect a child’s
attention to a desirable activity by providing positive guidance, positively
worded directions, and developmentally appropriate explanations for limits and
rules;
(2) Establish developmentally
appropriate rules or limits for acceptable behavior, which are equitable,
consistently applied, and developmentally appropriate;
(3) Demonstrate desired
behavior and problem-solving skills and then redirect children to acceptable
behavior;
(4) Arrange equipment,
materials, activities, and schedules in a way that promotes desirable behavior;
and
(5) Implement safe, logical,
and natural consequences related to the misbehavior and enforce those
consequences as soon as possible after the misbehavior has occurred.
(c) Child care staff shall use
separation, or time out only as a method to enable a child to regain control of
his or herself, and not as a punitive disciplinary technique.
(d) When a child is separated from the
group, he or she shall be able to see and hear the other children and be within
hearing and vision of child care staff, except when child care staff remove a
child from the classroom to a quieter area which is visible by other child care
staff, to provide one-on-one attention.
(e) Child care staff and
household members shall not:
(1) Abuse or neglect children;
(2) Use rough handling on
children;
(3)
Use corporal punishment on children;
(4)
Require children to stand or sit facing walls or corners;
(5) Shame,
humiliate, threaten, or frighten children;
(6) Confine infants or toddlers
in high chairs or other seating devices or equipment, which restricts their
movement, as a disciplinary technique;
(7) Place or confine children
in equipment that is not appropriate for their age, including but not limited
to cribs, playpens, or highchairs;
(8) Withhold food from
children, forcibly feed children, or discipline children for not eating;
(9) Discipline any child for
toileting accidents, lapses in toileting habits, or prohibiting children from
using the toilet as a form of discipline;
(10) Use isolation as a form of
discipline;
(11) Require children to rest,
sleep, or go to their mat, crib, or rest area as a means of discipline, or
discipline children for not sleeping or resting during naptime;
(12) Yell in
anger or frustration at or with children; or
(13) Use
profanity or obscene language with children or among themselves where children
can hear them.
(f) The applicant, licensee,
permittee, and all child care staff shall take prompt action to protect
children from abuse, neglect, and corporal punishment, including but not
limited to actions in (e) above.
(g)
If a child’s actions poses an imminent serious safety risk to the child
or others that could result in serious bodily harm, child care staff may move
the child to another area, holding the child as gently as possible and as
briefly as necessary to protect the child and others.
(h)
If a child has multiple incidents as described in (g) above, and does
not respond to techniques described in (b) above, the center director, site
coordinator, or family child care provider shall consult with parents to design
an effective behavior management plan.
(i)
Staff shall notify the center director, site director, site coordinator,
or family child care provider on the same day when interactions with a child in
accordance with (g) and (h) above occur.
(j)
The center director, site director, site coordinator, or family child
care provider shall notify parents on the same day of an occurrence reported to
them in accordance with (i) above.
(k)
All child care staff working with the child shall review and implement
the behavior management plan in (h) above, and shall be trained on when and how
to safely use any physical management techniques as specified, which shall be
documented in the staff’s file.
(l) The program shall ensure
that parents have access to the program, the child care staff primarily
involved with their children, and to their children, at any time children are
in attendance and without prior notification. This requirement shall not
prohibit the program from locking the doors for security purposes or checking
parent’s identification.
(m) The only exceptions to (l)
above shall be if there is a court order or other legal documentation limiting
parental access.
(n) During the operating hours
of the program, parents shall have an opportunity to communicate with the child
care staff who care for their child.
(o)
Child care staff shall not:
(1)
Be impaired while on the job by any substances including, but not
limited to, legally prescribed medication, alcohol, or illegal substances; and
(2) Use alcohol or illegal substances while caring
for children.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.20); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22
(a) Whenever programs are preparing a planned
transition of a child to a new classroom or group, program staff shall:
(1) Communicate with the child’s parents by
notifying them of the intent to transition their child;
(2)
Collaborate and share information between each classroom or group; and
(3) Assist the child with the transition
in a manner consistent with the child’s ability to understand.
(b) Programs shall have
available for review by the department and parents a written schedule or plan
which details the daily activities offered to children.
(c) Program staff shall:
(1) On a daily basis provide
children of all ages with opportunities for individual and group activities for
each child including time for meals, snacks, sleep or rest, and indoor and
outdoor activities;
(2) Provide prompt attention to
the individual physical needs of each child, such as diapering, toileting,
feeding, sleeping, washing, and first aid;
(3) Regularly interact with children at
their level, maintain eye contact, and, whenever appropriate, sit on the floor
with them;
(4) Protect younger or less
mobile children from accident or injury which could be caused by older or more
physically active children; and
(5) Provide each child with
developmentally appropriate opportunities and experiences that support
cognitive, physical, social, and emotional development, creative expression,
communication, and literacy.
(d)
Child care staff shall not allow children to provide care to other
children, such as feeding infants, picking up infants or toddlers, changing
diapers, assisting with toileting, or supervising children.
(e) Programs shall provide
opportunity for at least 60 minutes daily of gross motor activity for children
age 18 months and older, except preschools operating 5 or fewer hours per day
shall provide at least 20 minutes of gross motor activity daily.
(f) In the absence of extreme
weather conditions, child care staff may, and are encouraged to, bring children
outside, taking into consideration the child's health and requests from a
child's parent, provided the children shall be appropriately dressed and can
move about safely in the outside play area, and staff shall monitor the
children regularly for comfort in both hot and cold weather.
(g) Child care staff shall not
allow a child to go outside when the child has a health concern as documented
on his or her allergy care plan or as documented by the child's health care
practitioner limiting time outdoors.
(h) Child care staff shall
adhere to instructions from the child's parent related to protection from sun
exposure, and apply sunscreen per manufacturer's instructions.
(i) Other activity choices
shall be available to children during use of television, video, or electronic
devices.
(j) All media shall be age and
developmentally appropriate.
(k) When in use, electronic
devices shall be located in view of child care staff for monitoring purposes.
(l) Any internet accessible
electronic device used by the children shall be equipped with monitoring or
filtering software or controls that limit children’s access to inappropriate
web sites, e-mail, computer or mobile applications, or social media.
(m) Child care staff shall not
allow a child to view television or videos, or use electronic devices when the
child’s parent has made such a request.
(n) Center-based programs shall
not combine children younger than 24 months in a mixed age group which includes
children older than 47 months, except:
(1) For time limited, specific
activities, including but not limited to meals, snacks, nap or rest time, and
special occasions such as birthday or holiday celebrations or visitor
presentations;
(2) When there are 17 or fewer
children present in the program, including a maximum of 12 preschool children,
and 4 or fewer of the 17 children are younger than 3 years of age; or
(3) With a department approved
plan for multi-age classrooms.
(o) Child care staff shall not leave infants or
toddlers unattended in seating, carrying or other devices placed on countertops, tables, or other elevated surfaces.
(p) Child care staff shall:
(1)
Not confine awake infants and toddlers in restrictive equipment such as
infant seats, seated infant carriers, car seats, swings, high chairs,
stationary activity centers, strollers, cribs, or playpens for more than 15
minutes in any 2-hour period;
(2)
Allow infants and toddlers to remain in a high chair for more than 15
minutes when they are actively engaged in eating during snack or meals, in
strollers for walks, or for non-ambulatory infants only, in cribs or playpens
when outside; and
(3)
Provide stimulating activities such as age-appropriate toys or books to
infants or toddlers while they are in equipment specified in (1) above.
(q) Programs that
are authorized by license or permit to care for children as young as 6 weeks of
age may care for a child younger than 6 weeks of age for a maximum of 12 hours
per week per child with prior approval from their local fire officer and
notification to the department.
(r) In a family or
family group child care home licensed to care for children 6 weeks of age, the
restriction specified in (q) above shall not apply to the family child care
provider’s own biological or adopted infant younger than 6 weeks of age or an
infant younger than 6 weeks of age who resides in the provider’s home.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.21); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22
He-C 4002.20 Prevention
and Management of Injuries.
(a) Child care staff shall
supervise every child in care at all times.
(b) In center-based programs,
staff shall position themselves to:
(1)
Be able to hear all children younger than school age at all times,
continuously scan the entire environment to know where children are and what
they are doing, and be able to physically respond immediately;
(2) Know the whereabouts and activities of all
school age children in their care at all times when children are briefly out of
sight, such as when transitioning from one area to another or using the
bathroom, and shall be able to physically respond immediately;
(3) Allow for visual supervision of all children
while children are eating, and shall be able to physically respond immediately
to any child that may be choking; and
(4) Know the number of and identity of children
in their care.
(c)
Video monitors shall not replace the supervision of children, except as
provided for in He-C 4002.26(l) and (m).
(d)
The only exception to (b)(1) above shall be children 4 years and older
may leave the classroom to use a bathroom located on the same level as the classroom, provided that
child care staff are aware of each child leaving the classroom to use the
bathroom and the level of the building that the bathroom is located on is used
exclusively by the child care program.
(e)
In family child care homes, family child care providers shall supervise
children in accordance with the following:
(1) The family child care provider or family
child care worker may step away from the children to meet basic care needs
throughout the day so long that:
a. It shall be time limited; and
b. The family child care provider or family
child care worker shall be able to hear all children, preschool age and
younger, at all times and be able to physically respond immediately, if
necessary, with the exception of needing to step away to meet their own basic
needs;
(2)
The family child care provider or family child care worker shall know
the whereabouts and activities of all school age children at all times and
shall be able to physically respond immediately;
(3)
The family child care provider or family child care worker may allow
school-age children 6 years of age and older to play outside when the provider
or worker are inside, with written parental permission; and
(4) When children are eating, the family child
care provider or family child care worker shall be positioned to allow for
visual supervision of all children and shall be able to physically respond
immediately to any child that may be choking.
(f) Child care staff shall not
carry a child while stepping over a low wall, gate, or other similar barrier.
(g) The program shall obtain
the following documents from the parents of each child with a food allergy or
other allergy, which results in a serious reaction:
(1)
A written care plan that includes instructions regarding food(s) or
other allergens to which the child is allergic and steps for child care staff
to take to avoid the allergens; and
(2)
A written treatment plan, detailing the treatment to be implemented in
the event of an allergic reaction, which shall include:
a.
The names, doses, and methods of prompt administration of any
medications, where the medication needs to be stored in relation to the child,
taking into consideration the storage requirements in He-C 4002.21(o)(2), and
instructions on how to administer the prescribed medication; and
b. Specific symptoms that would indicate
the need to administer one or more medications.
(h) At all times, at least one
child care staff supervising a child with an allergy care plan shall have
completed the training specified in He-C 4002.33(b)(5).
(i)
The program shall post each allergy care plan in accordance with the
posting requirements in He-C 4002.14.
(j)
All child care staff responsible for food preparation and food service,
and all child care staff responsible for supervising children with an allergy,
including staff covering breaks, shall read and familiarize themselves with the
care plans and treatment plans, to ensure that no child is accidentally exposed
to an allergen.
(k) Programs shall be equipped
with a telephone that is operable and accessible to all child care staff during
all operating hours for incoming and outgoing calls. The phone may be a cellular phone or a
landline.
(l) Child care
staff shall report any occurrence of a missing child to emergency services, as
soon as child care staff have determined that the child cannot be promptly
located on the premises of the child care program.
(m) The center
director, site director, family child care provider, and all staff used to meet
staff to child ratios shall:
(1)
Be certified in pediatric cardiopulmonary resuscitation (CPR) and first
aid within 90 days of the first date of employment;
(2)
Obtain certification in (m)(1) above by the
American Red Cross, American Heart Association, Emergency Care and Safety
Institute, National Safety Council, or other nationally recognized
organization; and
(3)
Maintain current certifications required in (m)(1) above.
(n) During all operating hours,
on and off premises, there shall be at least one staff person who is trained
and currently certified as specified in (m) above, with all children.
(o) CPR and first
aid training as specified in (m) above may be received via correspondence or
on-line, provided a skill test is required to be performed prior to becoming
certified.
(p) Programs shall
maintain on file, available for review by the department, copies of current CPR
and first aid certificates and licenses.
(q) Programs shall
have on the premises and on all field trips, a selection of non-expired first
aid supplies adequate to meet the needs of the children.
(r) Programs shall store the
first aid supplies required under (q) above in a portable container, in a
location that is easily accessible by staff and out of the reach of children if
the contents present a danger to children.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(He-C 4002.22); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss by
#12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.19)
He-C
4002.21 Administration and Storage of
Medication.
(a) Programs shall administer any medication,
treatment, or other remedy to any child, as provided by the child’s parents and
in accordance with this section.
(b) For the purposes
of this section, “administer” means an act whereby a single dose of a
medication is instilled into the body of, applied to the body of, or otherwise
given to a child for immediate consumption or use.
(c) Only authorized
staff, a registered nurse (RN), licensed practical nurse (LPN), or licensed
practitioner shall administer prescription and over-the-counter medications to
children, in accordance with the child’s medication order.
(d) Authorized staff shall administer only those
medications for which there is a medication order provided by a licensed
practitioner, and written permission from the parent.
(e) Programs shall not accept any prescription
medications that do not include a prescription label or medication order from a
licensed professional.
(f) Each medication order shall legibly display:
(1) The child’s name;
(2) The medication name, strength, the prescribed
dose and method of administration;
(3) The frequency of administration;
(4) The indications for usage of all medications
to be used pro re nata (PRN); and
(5) The dated signature of the licensed
practitioner for orders other than the prescription label.
(g) Medication orders for
PRN medication shall include:
(1) The indications and any special precautions
or limitations regarding administration of the medication;
(2) The maximum dosage allowed in a 24-hour
period;
(3) The dated signature of the parent for topical
substances or over-the-counter medication; and
(4)
For other than the prescription label, the dated signature of the licensed health
care practitioner for prescription medication.
(h) In the event of a medication error in the
administration of medication, the family child care provider, center director,
site director, or designee shall notify the child’s parents immediately.
(i) In the event of a medication error in the
documentation of the administration of medication, the family child care
provider, center director, or designee shall notify the child’s parents by the
end of the day in which the error occurred.
(j) Prior to administering prescription and
over-the-counter medication to any child, child care staff shall complete and
document training on medication administration, as required by He-C
4002.33(b)(4), delivered by the department, a physician, RN, or LPN practicing
under the direction of an APRN, RN, or physician, or online training approved
by the department.
(k) Authorized staff shall complete training in
medication safety and administration every 3 years.
(l) Documentation of
training in medication safety and administration shall be maintained on file at
the child care program and be available for review by
the department.
(m) For each child receiving medication, child
care staff shall maintain medication information on file and available for
review by the department, including medication orders, parental authorization
to administer medication, and information regarding a child’s allergies, if
applicable.
(n) Child care
staff shall maintain
a written record for each dose of medication administered to each child,
which shall:
(1) Be maintained on file in the program,
available for review by the department;
(2) Be completed by the authorized staff who
administered the medication immediately after the medication is administered;
and
(3) For each administered medication, include at
a minimum:
a. The name of the child;
b. The date and time the medication was taken;
c. A notation of any medication error or the
reason why any medication was not taken as ordered or approved;
d. The dated signature of the authorized staff
who administered the medication to the child; and
e. For
administration of a PRN, documentation shall also include the reason for
administration.
(o) All medication shall be:
(1) Inaccessible to children;
(2)
Stored at the temperature and conditions recommended by the manufacturer
or as directed on the prescription
label;
(3)
Stored in a secondary container separate from food if in a refrigerator;
and
(4) Labeled with the child’s name to ensure
correct identification of each child's medication.
(p) Medications such as insulin, inhalers, and
epi-pens shall be readily accessible to child care staff caring for children
requiring such medications, to assure timely administration when needed and in
accordance with parental instructions in He-C 4002.20(g)(2)a.
(q) Medications described in (p) above shall be
permitted to be in the possession of a school-age child as long as the
following are on file at the program:
(1) Written authorization from the prescribing
health care practitioner; and
(2) Written permission from the child’s parents.
(r) The only exception to (q) above shall be when
a school-age child is with children younger than 6 years of age, insulin, inhalers,
and epi-pens shall not be in the school-age child’s possession, but shall be
readily accessible to staff.
(s) All medications belonging to staff shall be
stored separate from children’s medications in a locked area, or otherwise
inaccessible to children.
(t) All prescription or over-the-counter
medication and topical substances shall be kept in the original containers or
pharmacy packaging and properly closed after each use.
(u) Any contaminated, expired, or discontinued
medication, whether prescription or over-the-counter, and topical substances
shall be returned to the child’s parents or, if belonging to the program,
disposed of properly by authorized staff.
(v) Child care
staff shall administer over-the-counter medications in accordance with the
manufacturer’s instructions or written instructions from the child’s health
care practitioner.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.23); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.18)
He-C 4002.22 Approval of
Child Care Space and License Capacity: Indoors and Outdoors.
(a) Prior to use
for child care, all indoor and outdoor child care space shall be:
(1) Inspected and approved by
the local fire inspector, in accordance with RSA 170-E:6 and He-C
4002.02(d)(3);
(2) Inspected and approved by
the local health officer, in accordance with RSA 170-E:6 and He-C
4002.02(d)(2); and
(3) Inspected by the department
in accordance with RSA 170-E:8, III, and RSA 170-E:9, II; and these rules.
(b) Prior
to caring for children on any level of a building that does not exit to grade
level, programs shall:
(1) Obtain written approval
from the local fire authority, which specifically grants approval for children
to be cared for on any level that does not
exit to grade level, including any restrictions on the number of
children; and
(2) Submit the approval in (1)
above to the department.
(c) Programs shall
report any changes to indoor or outdoor child care space, or addition of new
space, to the department:
(1) Prior to the change; or
(2) Within 24 hours of the
change if, due to an emergency, approved child care space cannot be used due to
reasons including, but not limited to, damages which make an area unsafe for
children; and
(3)
When programs discontinue using space as specified in He-C 4002.02(q).
(d) The licensee
shall provide and maintain at least one toilet and one handwashing sink for
every 20 children of
their licensed capacity.
(e) There shall be a minimum of
40 square feet of floor space per child, measured wall-to-wall, inside the
rooms used by children.
(f) The department shall determine the
license capacity by adding the number of children each room can accommodate
based on 40 square feet per child, exclusive of common space, and in accordance
with local fire, health and zoning approvals.
(g) The department shall not
consider common space, hallways, lockers, bathrooms, cooking areas of the
kitchen, closets, or offices as child care space when determining license
capacity.
(h) There shall be a minimum of
35 square feet of floor space per child for programs licensed before November
23, 2008.
(i) Programs referenced in (h)
above shall be required to comply with the requirements in (e) above when:
(1) The licensee or permittee
lets the license lapse due to late submission of renewal application materials;
or
(2) The program relocates to
new space or does major renovations to their current child care space, such as
adding or removing walls or otherwise changing, reducing, or expanding space.
(j) The program must have activity space of its
own, apart from other groups that may be using the facility, during the time
that it operates.
(k) Programs which are located
in the same building with other licensed entities or programs for children that
are license exempt, pursuant to RSA 170-E:3, shall:
(1) Not be responsible for or
supervise any children not enrolled in the licensed program;
(2) Not allow children from the
license exempt program to mix with children enrolled in the licensed program;
and
(3)
Not allow children from the license exempt program to share space that
is being used by children enrolled in the licensed program.
(l) Programs shall not
overcrowd child care space with adult-sized furniture or other items for use
only by adults or stored items.
(m) For
programs licensed before November 23, 2008 whose capacities included the
use of common space as described in rules previous to that date shall be
allowed to have no more than up to 2 children over the classroom capacity,
regularly assigned to each classroom, provided the common space was approved by
and is on file with the department.
(n) For
programs licensed before May 30, 1998 whose capacities included the use of
common space as described in rules previous to that date shall be allowed to
have no more than up to 4 children over the classroom capacity, regularly
assigned to each classroom, provided the common space was approved by and is on
file with the department.
(o) Programs shall
be equipped with an outside play area, which directly adjoins the indoor space
of the facility and contains a minimum of 50 square feet of outdoor play area
for each child based upon the program’s license capacity.
(p) The only
exceptions to (o) above are as follows:
(1) Programs may utilize
department approved outdoor play space which is located within ⅛ of a
mile from the program, provided the program submits a written plan to the
department showing that children can safely travel to and from the play area
and the program;
(2) Programs may operate with
50 square feet of outdoor play area per child for 1/3 of the program’s license
capacity, provided that no more than 1/3 of the license capacity is
in the play area at one time; and
(3) Programs that operate 5 or
fewer hours per day provided the curriculum includes at least 20 minutes of
gross motor activities.
(q) For programs operating exclusively outdoors,
the department shall determine the license capacity based on the area of
outdoor space and the proposed staffing patterns as specified in these rules.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.24); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22
He-C 4002.23 Health and
Safety Requirements for Indoor Space.
(a) Programs shall provide child care only in
space approved by the department.
(b) Child care staff shall ensure
that the indoor space is:
(1) Safe, clean, free of clutter, and in good
repair;
(2) Free from electrical hazards, such as
overloaded outlets or extension cords, frayed, cracked or crimped cords, or
unprotected outlets;
(3) Well-ventilated by means of unobstructed
mechanical ventilation system or open, screened window;
(4) Well-lit to allow for the supervision of
children and for child care staff and children to move about safely;
(5) Free of damp conditions which result in
visible mold, mildew, or a musty odor;
(6) Free of heavy furnishings or items not
secured to the wall or floor that could easily tip or are unstable;
(7) Free of fumes from toxic or harmful chemicals
or materials;
(8) Free of tripping hazards; and
(9) Free of poisonous plants.
(c) Child care staff shall ensure that
potentially harmful items, including but not limited to matches, lighters,
chemicals, materials labeled “harmful if swallowed,” flammable materials, sharp
objects, and staffs’ personal belongings are locked or inaccessible to children.
(d) All substances labeled “harmful if swallowed”
or “flammable” and all containers storing cleaning materials shall be labeled
as to the contents and stored separately from food and medications.
(e)
Non-toxic materials labeled “keep out of reach of children” shall only
be used during a teacher-directed activity.
(f) Cords or strings long enough to encircle a
child’s neck, such as cords on window blinds, curtains or shades, shall be kept
out of children’s reach.
(g) Child care staff shall ensure
that the presence of pets in the program does not present a hazard to the
children, including but not limited to:
(1) Reptiles, amphibians
and birds, including baby chicks and ducklings, shall not be permitted in rooms
or outdoor spaces regularly occupied by children;
(2) When bringing animals into a child care,
staff shall supervise children when the animals are available, designated areas
shall be cleaned and sanitized after animal contact, and food or drink shall
not be consumed in these areas;
(3) Cages or other habitats shall be cleaned of
all fecal material and sanitized on an as needed basis but no less than once
per week;
(4) Staff shall wear gloves while cleaning animal
cages or habitats;
(5) All staff and children shall wash hands with soap
and warm running water after contact with animals or their cages or habitats;
and
(6) Dogs, cats, and ferrets shall be kept clean
and free of parasites, fleas, ticks, mites, and lice, and vaccinated against
rabies, with proof of current vaccination on site at the program and available
for review by department staff.
(h) Programs
shall maintain bathroom facilities in accordance with the following:
(1) Sinks,
toilets, footstools, potty chairs, and adapters shall be cleaned and sanitized
at least once a day and when visibly soiled;
(2) Bathroom
floors and other surfaces adjacent to toilets, including but not limited to
walls, shall be cleaned and sanitized at least weekly, and when visibly soiled;
(3) Toilet paper, individual cloth or paper towels,
and liquid soap from a dispenser shall be available and accessible to children
and staff; and
(4) Bathrooms
shall have a functional means of outside ventilation.
(i) The program shall take prompt action to eliminate insects or rodents, and clean and
sanitize all surfaces where there is visible evidence of their presence.
(j)
When using pesticides, programs shall:
(1)
Notify parents and staff in writing at least 2 days prior to the
pesticide application, except in emergencies where pests pose an immediate
threat to children; and
(2)
Document the date, time, and type of pesticide used for each time a
pesticide is used.
(k)
Pesticides shall not be used in areas used by children while children
are present, and any treated indoor area shall be aired out per manufacturers’
instructions prior to allowing children to return to that area.
(l) Programs shall maintain the child care space
free from non-compliance of Saf-FMO 300 and Saf-C 6000 by not blocking exits,
or evacuation routes, including doorways, hallways, and stairs that are a means
of egress, and by maintaining smoke detectors in working order.
(m) The licensee shall prohibit smoking in the
building anytime for center-based programs or during operating hours for family
child care homes, with the following exceptions:
(1) Child care staff who smoke during their
breaks shall not smoke in view of children or while responsible for the care of
children; and
(2) Child care staff who smoke on their breaks
shall wash their hands and change into fresh clothing, or remove smoke
contaminated outerwear prior to returning to work to reduce exposure to
second-hand smoke.
(n) Child care staff shall:
(1) Arrange space to provide clear pathways for
movement from one area to another and to allow visual supervision by staff;
(2) Arrange furnishings and fixtures safely, with
sharp edges protected, and in such a way as to not present hazards to children;
and
(3) Store their personal belongings out of reach
of children.
(o) There shall be adequate space for each
child’s possessions, such as individual cubbies, lockers, baskets, or bins.
(p) Children’s
toothbrushes shall be stored separately to air dry and be labeled with each
child’s name.
(q) All windows used for ventilation shall
include screens in good repair, to prevent insects from entering the building.
Windows and glass doors shall be constructed, adapted, or adjusted via the use
of window guards or other means to prevent injury to children.
(r) Garbage shall be disposed of in a lined and
covered container and staff shall empty trash containers daily or sooner if
contents create an odor or a health risk.
(s) Stairways with more than 3 steps shall be
equipped with handrails.
(t) In programs serving children
younger than 3 years old, the licensee shall ensure that there are barriers
placed at the top and bottom of stairwells opening into areas used by children
younger than three years, unless prohibited by building or fire department
regulations. Pressure gates at the top of stairs shall not be used.
(u) Open stairways used by children younger than
school age shall have railings or banisters installed along the open or
unprotected side(s).
(v) Programs shall:
(1) Have a safe,
functioning heating system;
(2) Maintain a temperature of not less than 65
degrees Fahrenheit whenever children are present; and
(3) Protect children from contact with exposed
heat sources, including steam and hot water pipes, and radiators, via the use
of permanent screens, guards, insulation or another suitable device that
prevents children from coming in contact with them.
(w) Prior to using portable space heaters or
portable radiators in child care space, programs shall obtain written approval
from the local fire inspector with documentation of the approval available for
review by department staff during on-site visits.
(x) All portable space heaters or radiators
shall:
(1) Be
inaccessible to children;
(2) Bear
the safety certification of a recognized laboratory such as Underwriters
Laboratory (UL) or Electro Technical Laboratory (ETL);
(3) Be
placed at least 3 feet from curtains, papers, furniture, or any other flammable
object; and
(4) Be
installed and operated in accordance with the manufacturer’s specifications.
(y) All fuel burning stoves, including but not
limited to wood, coal, pellet, or gas, when used during child care, shall:
(1) Meet applicable local and state codes with
documentation of such approval available for review by department staff during
on-site visits; and
(2) Be maintained in a manner that ensures the
safety of all children, by use of partitions, screens, guards, or other similar
barricades, as approved by the local fire official;
(z) Child care staff shall be in the room with
children whenever a fireplace is in use.
(aa) All working fireplaces in space used by
children shall:
(1) Have a secure child proof barrier in place at
all times; and
(2) Be equipped with padding or otherwise
protected if the hearth presents a hazard to children.
(ab) Guns, weapons, or live or spent ammunition
shall be kept in locked storage with the key stored separately and out of the
reach of children.
(ac) Pursuant to 40 CFR 745, when interior
surfaces of a building built prior to 1978 are in a deteriorating condition,
including but not limited to flaking, chipping, and peeling paint, or are
subject to renovations or construction, the licensee shall utilize a U.S.
Environmental Protection Agency certified Renovation, Repair, and Painting
(RRP) contractor, in accordance with 40 CFR 745.90(a) and (b) and He-P 1600.
(ad) In addition to (ac) above, until the
deteriorated surfaces can be made intact, the program shall provide the
department with a plan, in writing, that ensures children will not have access
to those surfaces and includes the expected date of completion of the work.
(ae) Construction, remodeling, or alteration of
structures during child care operations shall be done in a manner as to prevent
exposure of children to hazardous or unsafe conditions including, but not
limited to, fumes, dust, construction materials, and tools which pose a safety
hazard.
(af) When there is
information or evidence indicating that the building may contain asbestos
hazards, programs shall submit evidence that the building has been inspected by
a licensed asbestos inspector and is free of asbestos hazards, or submit a plan
of action to reduce or eliminate any existing contamination to be approved by
the department.
(ag) When there is information indicating that the
building or water supply may contain radon hazards, programs shall submit
evidence that the building has been inspected by a licensed radon inspector and
is free of radon hazards or submit a plan of action to reduce or eliminate any
existing contamination to be approved by the department.
(ah) Child care staff shall immediately clean
spills of bodily fluids, including urine, feces, blood, saliva, and discharges
from the nose, eyes, or an injury, using soap and water and then
disinfectant. Surfaces requiring such
action include tabletops, toys, floors, walls, toilets, potty chairs, and
diaper changing surfaces.
(ai) Child care staff shall:
(1)
Wear non-porous gloves when cleaning bodily fluid spills specified
above;
(2)
Place soiled clothing in a plastic bag, tied securely and return the
items to the child’s parent at pick up; and
(3)
Clean, rinse, disinfect, wring, and hang to dry mops used to clean
bodily fluids.
(aj) The fall zone under and around all indoor
swings and climbing equipment, including slides or lofts, which would allow a
fall from a height of more than 29 inches shall extend at least 39 inches and
be covered with mats designed for gymnastics.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.25); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C
4002.14)
He-C 4002.24 Health and
Safety Requirements for Outdoor Space.
(a) The play area shall:
(1) Be accessible to children with disabilities;
(2) Be appropriate
for each age group served, including use of toys and equipment that is age and
developmentally appropriate to the needs of the children enrolled;
(3) Provide for
both direct sunlight and shade; and
(4) Be free from hazards, including but not
limited to:
a. Water hazards such as unprotected pools,
wells, or bodies of water;
b. Animal feces;
c.
Poisonous plants;
d. Broken toys, broken glass or other sharp
items;
e. Chipping, peeling, or flaking paint;
f. Dangerous machinery or tools;
g. Small objects that could present a choking
hazard to young children; and
h. Other dangerous items or substances.
(b) Fencing shall enclose all play areas if the
department determines the play area is unsafe because it is located adjacent
to:
(1) A street or road;
(2) A swimming pool or other
body of water, including a river, pond, or stream;
(3) An active railroad track or
crossing;
(4) Sharp inclines or
embankments; or
(5) Any dangerous area.
(c) All fencing
required by the department or otherwise intended to limit children’s access to
a defined area shall:
(1) Have no gaps greater than 4
inches and be designed to restrain preschool children from climbing out of,
over, under, or through the fence; and
(2) Either:
a. Be equipped with a child
proof self-latching device on any gates leading to an entrance or egress; or
b. Be equipped with a child
proof lock if the area is determined to be hazardous to children.
(d) The licensee
shall protect outdoor play space located on a roof with a barrier at least 7
feet high, which children cannot climb.
(e) The licensee
shall install suitable barriers, including but not limited to bulkhead doors,
to prevent falls into outdoor stair or window wells.
(f) The department
shall approve porches and decks before use as play areas.
(g) Porches and
decks shall comply with the following:
(1) If they are
more than three feet from ground level, there shall be protective railings in
accordance with applicable building codes;
(2) Railings shall
be sturdy and constructed in a way that will prevent a young child from going
underneath, over, or through them;
(3) There shall be
a child safety gate or other barricade on stairs whenever the porch or deck is
in use by children younger than three years old; and
(4) The family
child care provider, center director, or site director shall monitor the
condition of porches and decks to ensure that there are no splinters, cracks,
protruding nails or screws, and discontinue use of the area until repairs are
complete.
(h) For outdoor play equipment that would allow
a child to fall from a height of more than 29 inches, programs shall:
(1)
Equip and maintain the ground area under and extending at least 39
inches beyond the external limits of such equipment with an energy absorptive
surface; and
(2)
Utilize an energy absorptive surface, required by (1) above, that:
a. Does not present a choking
hazard if used by children younger than 3 years;
b. Is checked and ranked regularly to
remove any foreign matter, correct compaction, and increase absorption; and
c. Is
a unitary surface documented by the manufacturer as being in
compliance with the standards of ASTM International’s “ASTM F1292 Standard
Specification for Impact Attenuation of Surfacing Materials Within the Use Zone
of Playground Equipment” (2018 edition), available as noted in Appendix A, and
installed per manufacturer’s instructions or conforms with Table 4.2.1 below:
Table 4.2.1 Energy Absorptive Surface
Fall Height of Equipment |
Wood Chips |
Bark Mulch |
Engineered Wood Fibers |
Fine Sand |
Coarse Sand |
Fine Gravel |
Medium Gravel |
Shredded Tires |
30 inches to 5
feet |
6 inch |
6 inch |
6 inch |
6 inch |
6 inch |
6 inch |
6 inch |
6 inch |
6 feet |
6 inch |
6 inch |
6 inch |
12 inch |
12 inch |
6 inch |
12 inch |
6 inch |
7 feet |
6 inch |
9 inch |
9 inch |
12 inch |
N/A |
9 inch |
N/A |
6 inch |
8 feet |
9 inch |
9 inch |
12 inch |
12 inch |
N/A |
12 inch |
N/A |
6 inch |
9 feet |
9 inch |
9 inch |
12 inch |
12 inch |
N/A |
12 inch |
N/A |
6 inch |
10 feet |
9 inch |
9 inch |
12 inch |
N/A |
N/A |
12 inch |
N/A |
6 inch |
11 feet |
12 inch |
12 inch |
12 inch |
N/A |
N/A |
N/A |
N/A |
6 inch |
(i)
To prevent injury, programs shall not allow children to play on
equipment or structures that require energy absorptive material pursuant to (h)
above when the energy absorptive material is compacted and unable to be
loosened, such as when frozen.
(j)
All fencing, balusters, handrails, and guardrails, or slats on lofts,
stairways, decks, porches, or balconies that are accessible to children shall
be constructed and maintained to prevent entrapment hazards.
(k)
All swimming pools on the premises of the child care program and used as
part of the child care operations shall be clean and maintained in accordance
with the manufacturer’s or installer’s printed instructions regarding cleaning,
filtration, and chemical treatment.
(l)
All swimming pools on the premises of the child care program shall be
inaccessible to children in accordance with the following:
(1) In-ground pools shall be
enclosed by a fence with a gate equipped with a child proof, self-latching
device and a lock;
(2) Above ground pools shall be
enclosed by a fence with a gate which has a child proof, self-latching device
and a lock, or equipped with a lockable gate, lockable swing up stairway, or
other lockable barrier to prevent access to the stairs or ladders, or otherwise
make the pool inaccessible to children;
(3) A pool that is directly
accessible from inside the building shall have a secure, lockable barrier that
meets the requirements in (1) and (2) above to make the pool inaccessible to
children;
(4) Pool gates, fences, or
other barriers as required in (1), (2), and (3) above shall be locked during
all operating hours, except when the children are involved in a supervised
water activity in the pool; and
(5) The keys, combinations, or
other means to open the locks required in (1) through (4) above shall not be
accessible to children.
(m) Each swimming pool shall be
equipped with a ring buoy, and attached rope of sufficient length to reach the
center of the pool from the edge of the pool and shall not be accessible to
children.
(n) Wading pools
shall:
(1) Be emptied and cleaned
after each use;
(2) Be stored so that water
does not collect in them; and
(3) Not contain water that is
more than 10 inches deep.
(o) Pursuant to 40
CFR 745 when exterior surfaces of a building built prior to 1978 are in a
deteriorating condition, including but not limited to flaking, chipping, and
peeling paint, or are subject to renovations or construction, a U.S.
Environmental Protection Agency certified Renovation, Repair, and Painting
(RRP) contractor shall be utilized, in accordance with 40 CFR 745.90(a) and (b)
and He-P 1600.
(p) In addition to
(o) above, until such time as the deteriorated surfaces can be made intact, the
program shall provide the department with a plan, in writing, that ensures
children will not have access to those surfaces and includes the expected date
of completion of the work.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.26); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22 (formerly He-C
4002.14)
He-C 4002.25 Learning
Materials, Toys and Equipment.
(a) Programs shall provide toys, equipment, furniture, and
learning materials that are:
(1) Age and developmentally
appropriate;
(2) Of sufficient quantity and
variety to meet the needs of the children cared for in the program;
(3) Available and accessible to
children; and
(4) Cleaned on a regular basis.
(b) The program
shall ensure that toys, equipment, furniture, and learning materials, are:
(1) Sturdy and
safely constructed and installed;
(2) Easily cleaned;
and
(3) Maintained in a
safe, secure, and workable condition, free from lead paint, protruding nails,
rust, and other hazards that may be dangerous to children.
(c) Toys that children routinely mouth, including but not limited to
infant and toddler toys, shall be cleaned and sanitized after each use by a
child and at the end of each day.
(d) Child care
staff shall not use any equipment, materials, furnishings, toys, or games
identified by the U.S. Consumer Product Safety Commission as being hazardous.
(e) All play equipment, fences, and structures shall be
free of entrapment hazards, including gaps that are between 3 ½ inches and 9 inches
apart on balusters, handrails, guardrails, or slats on play structures, lofts,
stairways, decks, porches, or balconies, that are accessible to children.
(f) Child care staff shall not allow children
younger than 3 years of age to have access to toys, toy parts, and other
materials that pose a suffocation or choking risk or are small enough to be
swallowed, including, but not limited to, coins, balloons, exposed foam
padding, or empty plastic bags.
(g) The only exception to (f) above for children
age 30 months to 3 years shall be during teacher directed activities under direct
supervision by child care staff, or when programs have the following
documentation on file:
(1) Observations of the children by program staff
indicating that children do not put toys or objects in their mouths during
play;
(2) Parents statement that their child(ren) do
not put toys or objects in their mouth(s) during play; and
(3) Signed parent acknowledgment that they
understand small parts are a choking hazard, and that the program will have
small materials accessible as part of the curriculum.
(h) Infants shall not be placed
in any equipment, including but not limited to stationary activity centers that
require them to support their heads on their own if they have not yet acquired
that ability.
(i) Baby walkers
with wheels are prohibited in programs.
(j) Toy boxes
accessible to children used to store any child care materials and equipment
shall have a safety lid support or not have a lid.
(k) The fall zone under and around all indoor
swings and climbing equipment, including slides or lofts, which would allow a
fall from a height of more than 29 inches shall extend at least 39 inches and
be covered with mats designed for gymnastics.
(l) Infants shall only have
access to toys with strings or cords up to 6 inches in length.
(m) Toddlers shall only have
access to toys with strings or cords up to 12 inches in length, or any length
for an adult-directed activity.
(n) Except for therapeutic
equipment or small trampolines intended for individual use with direct adult
supervision, the use of trampolines by child care children, whether indoors or
outdoors, is prohibited.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.27); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.22)
(a) Child care
staff shall arrange cribs, cots, beds, mats, or playpens in a manner that
ensures that:
(1) They do not block
passageways and exit routes, to allow for emergency evacuation and access to
each child by staff;
(2) They are spaced at least 2
feet apart while in use or separated by a solid divider on one side only,
allowing for adequate supervision by staff and air circulation; and
(3) Children are placed head to
toe.
(b) Full day child care programs shall provide a
sleeping bag, crib, cot, bed, or mat for each child requiring a rest.
(c) Each child 12 months of age and younger shall
be placed on their back to sleep in an individual crib or play pen.
(d) Child care
staff shall discontinue using cribs or play pens with infants who have
demonstrated the ability to climb out of them.
(e) No crib shall be used
unless manufactured on or after June 28, 2011, or if manufactured prior to that
date, has a Children’s Product Certificate (CPC), or test report from a
consumer product safety commission (CPSC) accepted third-party lab, provided by
the manufacturer documenting the crib’s compliance with 16 CFR 1219
as required by 16 CFR 1219 and 1220.
(f) Cribs and play
pens required under (c) above shall:
(1) Not be stacked;
(2) Be free of cracked or
peeling paint, splinters, and rough edges;
(3) Have no more than 2⅜ inches between slats;
(4)
Have no missing, loose, broken, or improperly installed parts, screws,
brackets, baseboards, or other loose hardware, or damaged parts on the crib or
mattress supports;
(5) Not have corner posts
that extend more than 1/16 of an inch above the end panels;
(6)
Not have holes or tears in the mesh walls or in the material that
connects the walls to the bottom of the crib or play pen;
(7) Have fitted sheets designed
for the size mattress, including elastic corners so that there is no excess
fabric with visible folds or bunching, and that do not compress the mattress;
(8) Not have bumper pads, blankets, flat
sheets, pillows, quilts, comforters, sleep positioners, or any soft items or
toys with infants up to 12 months of age; and
(9) Have mattresses which are in
good repair, free of rips or tears, and fit the crib or playpen so that
the space between the mattress and crib or playpen is not more than 2 adult
fingers wide and does not create a suffocation hazard.
(g) Pursuant to He-C
4002.33(b)(3), all child care staff in programs licensed for children 12 months
and younger shall complete training on safe sleep practices prior to working
with infants.
(h) Infants up to 12 months
shall not nap or sleep in a car safety seat, beanbag chair, bouncy seat, infant
seat, swing, jumping chair, highchair, chair, futon, moses basket, or any other
type of furniture or equipment that is not a play pen or crib that meets the
requirements of (f) above.
(i) If an infant up to 12
months falls asleep outside of their crib or play pen, including entering the
program asleep in a car safety seat, staff shall immediately move the infant
and place him or her on their back in a crib or play pen.
(j) When child care staff place
infants in their crib or play pen for sleep, they shall check to ensure that
the temperature in the room is comfortable for a lightly clothed adult, check
the infants to ensure that they are comfortably clothed and not overheated or
sweaty, and that bibs and garments with ties or hoods are removed.
(k) Children older than 3
months shall not be swaddled or placed in restrictive or weighted sleep suits
or devices unless there are written medical orders from the child’s primary
health practitioner.
(l) In family and family group
child care homes, use of an electronic monitor shall only be used to monitor
sleeping children on the same level in lieu of direct supervision, in
accordance with the following:
(1)
There is written authorization on file from the parents of the child,
indicating that they are aware of and agree to the use of the monitor;
(2)
The child care staff responsible for their supervision can easily hear
sounds from the monitor and respond; and
(3)
Every 15 minutes, the child care staff responsible for their supervision
conduct in-person checks of infants and toddlers sleeping in a crib or playpen,
to ensure that each child is safe and comfortable, including a check of their
faces, viewing the color of their skin and to check on their breathing.
(m) In center-based programs, use of an electronic
monitor, whether only audio or both audio and visual, shall be permissible in
lieu of having staff in the same room with infants and toddlers sleeping in
cribs or playpens, in accordance with the following:
(1)
There is written authorization on file from the parents of the child,
indicating that they are aware of and agree to the use of the monitor;
(2)
The child care staff responsible for their supervision are located in an
adjoining room where they can easily hear sounds from the monitor and respond;
and
(3)
Every 15 minutes, the child care staff responsible for their supervision
conduct in-person checks of infants and toddlers sleeping in a crib or playpen,
to ensure that each child is safe and comfortable, including a check of their
faces, viewing the color of their skin and to check on their breathing.
(n) Blankets,
sleeping bags, bedding, cots, and mats shall be stored in a manner that ensures
that sleeping surfaces are not touching, or the items shall be washed and
sanitized before re-use if stored in a way that sleeping surfaces are touching.
(o) All bedding
shall be cleaned at least once a week and more frequently if soiled.
(p) Programs shall provide children who attend for
more than 5 hours with an opportunity for at least one hour of rest,
relaxation, or sleep depending on the needs of each child.
(q) Programs shall consult with
the parents of each child and observe children on an ongoing basis to determine
each child’s resting or napping needs.
(r) Programs shall accommodate
the individual sleeping patterns of infants and other children who are unable
to adjust to a scheduled nap or rest time.
(s) Programs shall allow
children who are able to adjust to a scheduled nap or rest time to fall asleep
and awaken at their own pace within a block of time set aside as nap or rest
time.
(t) Programs shall provide children who
do not fall asleep after 30 minutes with an opportunity to do a quiet activity.
(u) Child care staff shall not:
(1)
Require that children who are awake stay on mats, sleeping bags, cots,
or beds for more than 60 minutes; or
(2)
Require children to sleep.
(v) For children 24
months through 5 years, during naptime, a center-based program may have one
less staff person in a classroom than required to meet ratios in accordance
with He-C 4002.36 through He-C 4002.38 provided that:
(1) The total number of child
care staff required to maintain all ratios are on the premises of the program;
(2) The ratio of awake children
to staff in the classroom shall be no more than half the number of children as
stated in He-C 4002.36 through He-C 4002.38;
(3) Rooms in which staff is
reduced shall be equipped with a two-way communication system to allow for
immediate contact with other staff for assistance and response; and
(4) There is a safety plan on
file for review by the department, child care staff, and parents which includes
plans or procedures for:
a. Evacuation;
b. Supervision;
c. Environment;
d. Schedule;
e. Naptime policy; and
f. Staff
training and support;
(5)
The program provides parents with written notice of the reduction of
staff; and
(6)
Documentation of the written notice in (5) above, in the form of a
posted document, a policy statement that is signed by each parent, or other
method of documentation is kept in the child’s record for review by department
staff during visits.
(w) During rest and
sleep, programs shall always maintain ratios for children under 24 months, in
accordance with He-C 4002.36 and 4002.37, except as specified in (x) below.
(x) Ratios for
children under 24 months in mixed age groups with children 24 months and older
shall be based on the average age of the children in each group during naptime,
in accordance with (w) above.
(y) Programs shall
base the staff to child ratio on the average age of the children in each group
in accordance with (x) above when there are mixed age groups in the same room.
(z) No child shall wear a necklace during nap
time or during sleep, unless the necklace is fused or has a fixed knot such
that it cannot be removed.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.28); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22(formerly He-C 4002.22)
He-C 4002.27 Water
Testing and Sewage Disposal.
(a) Programs shall have a safe
supply of water under pressure available for drinking and household use in
accordance with the following:
(1) Hot water under pressure, which measures at
least 60 degrees Fahrenheit shall be available at all sinks during operating
hours;
(2) Hot water at taps which are
accessible to children shall have an automatic control to maintain a
temperature at the tap of not higher than 120 degrees Fahrenheit;
(3) In accordance with Env-Dw
501.04(c), a program that is considered to be a public water system as defined
in RSA 485:1-a, XV, subject to regulation by the department of environmental
services, shall have on file, available for review by the health officer and
the department, a written document which lists the United States Environmental
Protection Agency identification number of the system, assigned by the
department of environmental services;
(4) Programs that have their
own independent water supply and are not considered to be public water systems
as defined in RSA 485:1-a, XV and confirmed by DES, shall test their water
supply in accordance with the following:
a. Water testing shall be
performed by a laboratory accredited under the environmental laboratory
accreditation program in accordance with Env-C 300;
b. For new applicants, not more
than 90 days prior to the date the application is submitted to the department,
water testing shall be conducted for arsenic,
bacteria, nitrate, nitrite, lead,
both stagnant and flushed, copper, both stagnant and flushed, and fluoride,
and results provided to the department
with the application; and
c. Ongoing water testing shall
be conducted as follows and results maintained on file at the program,
available for review by the health officer and the department:
1. Once every 3 months for
bacteria;
2. Annually for arsenic,
nitrate, and nitrite; and
3. At least once every 3 years
for stagnant lead, stagnant copper, and fluoride;
(5) The results of water tests required by
(a)(4)b. and c. above, and results of any other water tests shall be in
compliance with the maximum contaminant levels established in Env-Dw 700 for
bacteria, nitrates, nitrites, arsenic, and fluoride, and shall not exceed the
action levels established in Env-Dw 714 for lead and copper;
(6) Any program whose water test result has
exceeded maximum contaminant levels or action levels shall:
a. Immediately
contact the department to report that finding, and provide the department with
a plan for how it will ensure that children will not be at risk from exposure
to the unsafe water; and
b. Within 30
days of the date the program learns that they have failed a water test submit
to the department an acceptable corrective action plan which details what
action will be taken to correct the unsafe condition of the water and a date by
which that action will be complete, unless the program requests, either
verbally or in writing, and the department agrees, to extend that deadline,
based on the following criteria:
1. The program
demonstrates that it has made a good faith effort to develop and submit the
corrective action plan within the 30 day period but has been unable to do so;
and
2. The
department determines that the health, safety, or well-being of children will
not be jeopardized as a result of granting the extension; and
(7) When a program fails to submit a written
proposed corrective action plan within 30 days of receiving the unacceptable test
result under (a)(6)b. above, the department shall initiate action to suspend
the license or permit in accordance with He-C 4002.44(q) and (r), until such
time as laboratory results meeting those requirements are received by the
department.
(b) During all hours of operation there shall be
functional sewage disposal facilities designed to accommodate the license
capacity of the program, in accordance with the following:
(1) There shall be no visible sewage on the
grounds;
(2) There shall be flush toilets in working order
connected to a sewage disposal system; and
(3) Any program whose septic system is showing
signs of failure shall:
a. Immediately make arrangements with a
contractor licensed to evaluate and repair or replace septic systems to:
1. Make temporary repairs to the septic system
to correct the problem so that the program may continue to operate; or
2. Make permanent repairs to the septic system
or replace the septic system;
b. Immediately contact the local health officer
to inform him or her of the problem;
c. Immediately contact the department to
verbally report the problem, and give the department a plan for how it will
immediately provide that:
1. All required bathroom units
function properly; and
2. Children will not be exposed
to any risks from the failed septic system;
d. Within 10 days of the date
that child care staff first notice signs indicating that the septic system is
in failure, submit to the department a written plan, which includes:
1. What action has been taken
to correct the failed septic system;
2. The date by which that
action will be completed;
3. An explanation of how the
program will ensure that the requirements in c.1. and c.2. above will continue
to be met until repair or replacements are completed; and
e. Request an extension to d.
above, which the department shall grant if additional time is necessary to
develop a written plan and the safety and well-being of the children is
maintained.
(c) Privies are permissible in lieu of, or in addition to,
(b)(2) above under the following conditions:
(1) The
licensee shall obtain approval by the town health officer for use of a privy;
(2) The privy
shall be constructed in accordance with Env-Wq 1022.01;
(3) There shall
be running water for handwashing available and accessible inside the privy area
or immediately upon exiting the privy;
(4) Privies
shall be located:
a. At least 100
feet from any place where food is prepared or served;
b. At least 75
feet from any surface water; and
c. At least 200
feet up-gradient of any well or spring;
(5) Privy
contents shall be:
a. Removed as
often as necessary to prevent the pit from being filled to within one foot of
the top of the pit; and
b. Disposed of
in accordance with Env-Wq 1600;
(6) The
contents of the pit shall be covered daily with lime or other suitable agent to
eliminate insects and odors;
(7) The
materials for liming and disinfection shall be kept:
a. In proximity
to the privy where they are readily available for use; and
b. Stored in a
manner where children cannot access the contents;
(8) The privy
and the pit shall be made fly-tight and provided with self-closing lids; and
(9) Child care
staff shall maintain the privy in clean and sanitary conditions at all times.
(d) The licensee shall maintain chemical toilets in accordance with Env-Wq 1600, which
shall be pumped by a septage hauler licensed by the department of environmental
services.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.29); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22
He-C 4002.28 Bathroom
Requirements.
(a) Bathrooms shall have a means of outside
ventilation.
(b) Prior to use,
the local health officer or designee and the department shall approve portable
sinks intended for use to meet any of the requirements of He-C 4002.
(c) Toilet facilities shall afford adequate
privacy appropriate to the ages of children enrolled in the program while allowing for age appropriate
supervision of each child.
(d) Programs licensed to care for children
younger than 3 years of age shall:
(1)
Provide potty chairs or adult toilets with adapters at a ratio of one
unit for every 10 children ages 18 months through 35 months, in addition to the
requirements for toilets in He-C 4002.22(d);
(2) Place potty chairs within
easy access to a toilet and sink to allow child care staff to proceed to the toilet
to empty the potty chair and proceed to the hand washing sink without having to
open doors or gates, or have physical contact with other children;
(3) Not place potty chairs in
food preparation areas or food service areas; and
(4) Empty and sanitize each
potty receptacle after each use.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.30); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12174,
EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff 11-6-17; ss
by #13373, eff 4-22-22
He-C 4002.29 Diapering and Toilet Learning.
(a) Programs
serving diapered children and children who are not toilet trained shall have a
designated diaper changing area, which shall:
(1) Be located adjacent to or
in close proximity to a designated hand washing sink to allow access for hand
washing without having to open doors or gates or have physical contact with
other children;
(2) Have a non-porous, washable
surface, which shall be used exclusively for diaper changing and sanitized
after each diaper change;
(3) Contain a covered,
hand-free receptacle, lined with a plastic bag, and located within reach of the
diaper changing area for disposal of soiled disposable diapers and cleansing
articles; and
(4) Not be located in kitchens or in
food preparation or food service areas, or on surfaces where food is prepared
or served.
(b) In addition to the requirements in (a) above,
in center-based programs the diaper changing area shall be:
(1)
Located in the room where the children in diapers are cared for; and
(2)
Equipped with a sink adjacent to or in close proximity to the diaper
changing area designated exclusively for adult and child hand washing before or
after diaper changing or toileting.
(c) Programs shall not use a
sink for hand washing after diapering or toileting if food preparation or
washing dishes or eating utensils occurs in the sink.
(d) At least every 2 hours, child care staff
shall check children in diapers and change diapers and clothing if they are
soiled or wet.
(e) During
each diaper change, soiled areas of children shall be washed with disposable,
single use cleansing articles such as baby wipes or soft paper towels that have
been moistened with water.
(f) If an elevated diaper changing surface is
used child care staff shall remain at the elevated diaper changing surface and
keep one hand on the child at all times while a child is on it.
(g) For each
child there shall be a supply of clean diapers, clothing, and bedding for use
as needed.
(h) When non-disposable diapers are used:
(1) The diaper shall have an absorbent inner
lining completely contained within an outer covering made of waterproof
material that prevents the escape of feces and urine;
(2) The diaper shall contain a waterproof cover
that is adherent to the cloth material; or
(3) The outer covering and inner lining shall be
changed at the same time as a unit when a diaper with a separate lining is
used.
(i) Soiled disposable diapers and cleansing
articles shall immediately be placed in a plastic bag lined, hands-free
receptacle.
(j) The plastic bag containing the soiled diapers
and cleansing articles shall be removed daily, securely closed, and placed
outside in covered garbage cans for collection or removal at regular
intervals.
(k) Covered hands-free receptacles used to
dispose of diapers and cleansing articles shall be cleaned and sanitized at
least once each day.
(l) Soiled non-disposable diapers shall:
(1) Be immediately placed in an individual sealed
plastic bag which shall be inaccessible to children and not in contact with
other’s belongings; and
(2) Be returned to the parent at the end of each
day.
(m) Programs using a commercial diaper service
shall handle soiled diapers in accordance with written instructions from the
service.
(n) A copy of the written instructions required
in (m) above shall be available for review by the department upon request.
(o) Toilet learning shall be individualized,
developmentally appropriate, conducted in accordance with a plan developed by
each child’s parents and child care staff, and never forced.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.31); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22(formerly He-C 4002.28)
(a) Child care staff shall wash
their hands with liquid soap and running water as needed and:
(1) After each diaper change or
toileting;
(2) After handling any bodily
fluid;
(3) After cleaning up or
handling the garbage;
(4) After playing outdoors;
(5) Before and after eating;
(6) Before and after
administering medication; and
(7) Before and during any food
preparation or service as often as necessary to remove soil and contamination
and prevent cross contamination when changing tasks or from raw to ready to eat
foods.
(b) Child care staff shall:
(1) Teach children the
importance of hand washing with liquid soap and running water; and
(2) Instruct, encourage,
remind, or assist infants and children as needed throughout each day to wash
their hands as necessary to comply with (a)(1) through (5) above.
(c) Sinks that are used for food preparation or clean
up, including sinks used for getting water for baby bottles, rinsing bottles,
or dishes, and washing toys, shall not be used for hand washing after toileting
or diaper changing.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-97;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08;
ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss by #12174, EMERGENCY
RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff 11-6-17; ss by #13373,
eff 4-22-22 (formerly He-C 4002.26)
He-C 4002.31 Nutrition, Food
Service and Food Safety.
(a) Programs
shall provide developmentally appropriate individual eating utensils, cups, and
bottles, as applicable, for each meal and snack, which children shall not
share.
(b) Eating and drinking utensils shall be free from
defects, cracks, and chips.
(c) Child
care staff shall clean all dishes and cooking utensils in a dishwasher or
manually wash them in clean hot water and detergent, rinse them in hot water,
and allow manually washed dishes to air dry.
(d) Child
care staff shall serve all food items on a plate or napkin, except foods for
infants and toddlers, which can be served on a chair tray or table that has
been cleaned and sanitized before being used as an eating surface.
(e) Child care staff shall sanitize all tables used for
meals and snacks, both before and after serving meals or snacks.
(f) Only food contact surfaces that are easily
cleanable, smooth, free of cracks, breaks, open seams, or similar difficult to
clean imperfections which are kept clean, shall be used for food preparation.
(g) Children
shall have access to drinking water and be encouraged to drink water throughout
the day.
(h) Child
care programs that provide meals and snacks shall ensure they meet the daily
meal patterns listed in the United States Department of Agriculture (USDA)
“Child Meal Pattern” (11/26/2016) and USDA “Infant Meal Pattern” (11/29/2016)
available as listed in Appendix B and copies of which are available in Appendix
C.
(i) Child care staff shall thoroughly wash all
fruit and vegetables before cutting or serving those foods to children.
(j) Except for the requirements in (k)(1) below, child
care program personnel shall assure that no more than 3 hours elapse between
meals and snacks offered to the children.
(k) Child care program personnel shall:
(1)
Follow individual feeding schedules provided by the parent of each child who
has not reached a developmental level which enables them to eat on schedule;
and
(2) Comply with dietary restrictions as requested
in writing by the parents of each child, due to food allergies, religious, or
philosophical beliefs.
(l) Notwithstanding (k) above, the center
director, site director, or family child care provider may require the parents
of any child to obtain and provide to the program a written note from the
child’s licensed health care practitioner authorizing the dietary restrictions
requested by a parent.
(m) Child care staff shall not serve foods that
can cause a choking hazard to children younger than 3 years of age or to
children who have been identified as having chewing and swallowing
difficulties, including, but not limited to:
(1) Spoonsful of peanut butter;
(2) Whole or rounds of hot dogs or sausage;
(3) Whole grapes;
(4) Hard candy and chewing gum;
(5) Raw carrot rounds, peas, or celery;
(6) Chips or hard pretzels;
(7) Marshmallows;
(8) Nuts or seeds;
(9) Popcorn; or
(10) Other hard or cylinder shaped foods that may
pose a choking hazard.
(n) Child care staff shall not serve low fat or
non-fat milk, or other non-dairy milk products such as soymilk, oat milk, and
almond milk, to children younger than 2 years of age unless authorized to do so
in writing by the child’s parent and the child’s licensed health care
practitioner.
(o) Programs that provide formula or cereal shall
provide iron fortified formula or cereal unless restricted in writing by a
child’s parent and the child’s licensed health care practitioner.
(p) Programs that
provide meals and snacks for children shall:
(1) Ensure that snacks and meals are prepared and
served in a safe and sanitary manner, including washing fruits and vegetables
before serving them;
(2) Not serve food to children beyond the
recommended dates of use, or beyond 3 days of storage in the refrigerator for
perishable leftover food;
(3) Store all food in the original containers or
in a clean, covered container labeled with the date open and expiration date;
(4) Store all unopened food at least 6 inches
above the floor, separate from non-food items;
(5) Store food items separate from
non-food items that could contaminate food or be mistaken for food;
(6) In addition to (c) above, properly wash and
sanitize all infant bottles between each use;
(7) Prepare and make available to parents on
request written menus, including snacks, for each week; and
(8) Keep previous menus on file for one year.
(q) Child care program personnel shall store perishable
food in accordance with the following:
(1) Refrigeration and
storage for food shall be at not less than
32°F, nor more than 40°F for all food requiring refrigeration;
(2) There shall be a non-mercury, food service
approved thermometers verifying temperatures maintained in all refrigerators;
and
(3) Refrigerators and freezers used
to store foods intended for serving to children shall be maintained in clean
condition.
(r)
Child care program personnel shall not serve to children any canned goods that
are dented, bulging or rusted.
(s) Programs shall have a method of providing
nutritious meals and snacks to children whose parents fail to send meals or
snacks from home.
(t) During meals and snacks, child care personnel
shall:
(1) Encourage children to serve themselves, when
appropriate;
(2) Help children with disabilities to
participate in meal and snack times with their peers; and
(3) Encourage children to eat a well-balanced
diet.
(u) Children shall be encouraged to try all
foods, but shall not be required to try or to eat any food before they are
served other food components or additional servings, or before they are allowed
to be done with their meal or snack.
(v) In
programs serving infants and toddlers, child care personnel shall:
(1) Follow individual feeding schedules provided
by the parent of each child who has not reached a developmental level, which
enables them to eat on schedule;
(2) Not introduce new or solid foods to any child
without the consent of their parent(s), and as appropriate based upon their
chewing and swallowing capability;
(3) Hold infants younger than 6 months
of age or who are unable to sit in feeding chairs while being fed;
(4) Not hold more than one
infant at a time to bottle-feed them;
(5) Not prop bottles; and
(6) Not feed infants or children while in a crib,
or while on rest mats, beds, cots, or sleeping bags;
(w) Child care personnel shall dispose of, or
return to the parent, milk, formula, or food unfinished by a child, as directed
by the parent.
(x) Breast milk and prepared formula shall be stored
in covered containers, labeled with the child’s name and, dated.
(y) Breast milk shall be:
(1) Used immediately or stored in the
refrigerator no longer than 72 hours;
(2) Labeled as used and returned to the
refrigerator after each feeding if there is any left-over in the bottle, if
being returned to the parent; and
(3) Not fed to the child if left unrefrigerated
for more than one hour.
(z) Prepared formula shall be:
(1) Used immediately or stored in the
refrigerator no longer than 24 hours;
(2) Discarded if not fed to an infant and left
unrefrigerated for more than one hour; and
(3) Discarded after each feeding, if there is any
leftover in the bottle.
(aa) Frozen breast milk shall be labeled and dated
and stored in a freezer at 0 degrees Fahrenheit for no longer than 6 months.
(ab) Thawed breast milk shall be used within 24
hours.
(ac) To thaw breast milk, child care program
personnel shall:
(1) Place in refrigerator overnight; or
(2) Defrost in a container of running cool tap
water.
(ad) To warm formula or breast milk, child care
program personnel shall:
(1) Hold under warm running water; or
(2) Place in a bowl of warm water, a slow-cooking
device, or a bottle warmer; and
(3) Gently swirl bottle to recombine contents.
(ae) If a slow-cooking device, such as a crock
pot, is used for warming infant formula, breast milk, or infant food:
(1) It shall be out of children’s reach;
(2) The water temperature shall not exceed 120°F;
and
(3) It shall be emptied, cleaned, sanitized, and
refilled with fresh water daily.
(af) If a bottle warmer is used for warming infant
formula, breast milk, or infant food, it shall be out of children’s reach and
used according to manufacturer’s instructions.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08;
ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss by #12174, EMERGENCY
RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff 11-6-17; ss by #13373,
eff 4-22-22 (formerly He-C 4002.22)
He-C 4002.32 Field Trips,
Water Activities and Transportation.
(a) Programs that opt to allow
child care staff to take children on routine or unplanned local trips, such as
walks in the neighborhood, trips to the local library, or other routine
errands, shall obtain a signed and dated general permission slip from each
child’s parent, which specifies all approved destinations and activities.
(b) Child care staff who take
the children off the premises for trips under (a) above shall call parents or
post a notice at the program, informing parents of the destination and route of
any unplanned trips, and the estimated time of return to the program.
(c) The center director, site director, or family child
care provider shall obtain a signed and dated authorization form from each
child’s parents prior to allowing a child to
participate in any water activities on or off the premises of the program, or
any field trip off the premises of the program.
(d)
The parental authorization form required in (c) above shall be retained
by the program and available for review by the department for a minimum of 6
months after the date of the last water activity or field trip covered by the
permission slip, and include:
(1) For water activities, the
date(s) and destination(s) covered by the permission slip, whether the child
can swim, and the child’s fear, or lack of fear about swimming, or being in, or
near the water; and
(2) For all other field trips, the
date(s), destination(s), and activities covered by the permission slip.
(e) Whenever the
program provides transportation, it shall ensure that:
(1) Any vehicle
used for transportation of children is registered and inspected in accordance
with the laws of the state of New Hampshire;
(2) The vehicle is
maintained in a safe operating condition, and is clean and free of obstructions
on the floors and seats, and any sharp, heavy, or potentially dangerous objects
are placed in the trunk or cargo area and securely restrained;
(3) The operator of
any vehicle transporting children is at least 18 years old and holds a valid
driver’s license;
(4) The driver and
any other attendants on the vehicle have received training in the safe
transportation of children;
(5) The driver of
the vehicle is alert and not distracted by telephone, radio, or other
communications; and
(6) The driver of
the vehicle takes attendance before and after each trip and conducts a complete
vehicle inspection after every trip to ensure that no child is left alone in a
vehicle at any time.
(f)
Child care staff shall not permit any child to remain in any vehicle
unattended by staff of the child care program.
(g) Any vehicle
used to transport children, whether owned by the program, a child care staff
member or by a parent who is transporting children other than his or her own, shall have proof of current
liability insurance.
(h) Child care staff shall ensure:
(1) The number of children riding in any vehicle
does not exceed the number of persons the vehicle is designed to carry;
(2) Individual, age
appropriate child restraints or seat belts are provided for and used by each
child in accordance with RSA 265:107-a, and the driver and any other adults
shall use their seatbelts when transporting children; and
(3) All children remain seated when the vehicle
is in operation.
(i) Child care
staff shall carry on all field trips:
(1) A copy of each
child’s registration and emergency information forms;
(2) A first aid kit
in the vehicle whenever children are present;
(3) A copy of the
parental permission slip for the field trip;
(4) An attendance
sheet documentation that staff accounted for each child every time they entered
or exited the vehicle;
(5) All emergency
and currently prescribed child medications, as applicable; and
(6) In each
vehicle, a form that includes the program name, address, and phone number.
(j) There shall be
a working cell phone or other mechanism for making emergency telephone calls
available in each vehicle during transport.
(k) All swimming pools and
wading pools on the premises of the child care program and used as part of the
child care operations shall be supervised in accordance with the following:
(1) Child care staff shall
supervise children at all times when they have access to wading pools that have
water in them;
(2) Child care staff shall not allow
children inside the wading pool, swimming pool area, or in the swimming pool
without adult supervision; and
(3) There shall be at least one staff
person who is currently certified in CPR and who has completed a water safety
training within the previous 3 years present with the children at all times
during any water activity, and whenever children have access to swimming pools
or other bodies of water.
(l) When children are engaged
in water activities, an adult who is able to swim shall be present with
children at all times.
(m) Child care staff who are
responsible for children engaged in water activities shall be able and willing
to immediately respond to any child in the water who needs assistance.
(n) Lifeguards, swimming
instructors, and similar individuals not employed by the program shall not be
considered as staff to meet required staff to child ratios and supervision
unless the lifeguard, swimming instructor, or other individual is responsible
only for the children participating in the field trip.
(o) In center-based programs,
the center director or site director shall require that:
(1) For routine daily
transportation and other routine or unplanned trips such as walks in the
neighborhood and trips to the local library, child care staff shall comply with
the staff to child ratios and minimum staffing requirements specified in:
a. He-C 4002.37 for infant and
toddler programs;
b. He-C 4002.39 for school-age
programs; and
c. He-C 4002.36 for all other
center-based programs; and
(2) For all other field trips
and for all water activities:
a. For each group of children
specified in (p) and (q) below, at least one staff person shall meet the
qualifications for the position of group leader for school-age programs and
associate teacher for all other center-based programs as specified in He-C
4002.35 or be an assistant teacher or volunteer and at least 21 years of age;
b. Notwithstanding a. above and
with the exception of child care staff, other adults present to meet staff to
child ratios shall be at least 18 years of age; and
c. Center-based child care
staff shall comply with the staff qualification requirements specified in He-C
4002.35.
(p) Center-based programs shall
staff water activities in accordance with the following:
(1) For children ages 24 to 35
months the maximum group size shall be 8 children, with a ratio of one staff to
2 children;
(2) For children ages 36 to 47
months the maximum group size shall be 12 children, with a ratio of one staff
to 4 children;
(3) For children ages 48 to 59
months the maximum group size shall be 18 children, with a ratio of one staff
to 6 children; and
(4) For children ages 56 months
and older, if licensed as a school age program, the maximum group size shall be
24 children, with a ratio of one staff to 8 children.
(q) Center-based programs shall
staff field trips in accordance with the following:
(1) For children 18 months and
younger the maximum group size shall be 6 children, and the ratio shall be one
staff to 3 children;
(2) For children ages 19 to 35
months the maximum group size shall be 12 children, with a ratio of one staff
to 4 children;
(3) For children ages 36 to 47
months the maximum group size shall be 18 children, with a ratio of one staff
to 6 children;
(4) For children ages 48 to 59
months the maximum group size shall be 20 children, with a ratio of one staff
to 8 children; and
(5) For children ages 56 months
and older, if licensed as a school age program, the maximum group size shall be
24 children, with a ratio of one staff to 10 children.
(r) In a center-based program,
the staff to child ratio and maximum group size for a mixed age group of
children participating in any field trip or water activity shall be based on
the age of the youngest child in the group.
(s) Programs may exceed the
maximum group size specified in (p) above for water activities and (q) above
for all other field trips only:
(1) During transportation to
the field trip or water activity;
(2) At snack or meal times
during the field trip or water activity; and
(3) During water activities
where certified lifeguards or water safety instructors are present and
exclusively supervising the water activities of the children in care of the
program.
(t) In a family or family group
child care home, for all field trips and for water activities in swimming pools
located on the licensed premises or off-site, such as the private residence of
a friend or neighbor, child care staff shall comply with the staffing requirements
specified in He-C 4002.34.
(u) In a family or family group
child care home, for all water activities on or off the premises of the
program, other than water activities specified in (t) above, child care staff
shall comply with the staffing requirements specified in He-C 4002.34, and the
minimum staff to child ratios and staffing levels as follows:
(1) There shall be one staff
member for every 2 children, 35 months and younger, and the staff for this age
group shall be responsible only for the children in this age group; and
(2) For children age 36 months
and older:
a. There shall be one staff
member for up to 6 children;
b. There shall be 2 staff
members for 7 to 12 children; and
c. There shall be 3 staff
members for 13 to 17 children.
(v) Programs shall comply with
the following:
(1) Child care staff meeting
the requirements of at least a group leader in a school-age program, associate
teacher in all other center-based programs as specified in He-C 4002.35, or
family child care worker in family based programs as specified in He-C 4002.34
shall be designated as in charge and present during any water activity or field
trip;
(2) All child care staff
participating in any water activity or field trip shall be aware of the
identity of the person designated in charge;
(3) At least one staff person
who has successfully completed a basic water safety course within 3 years prior
to the water activity shall be present during any water activity for every 12
children; and
(4) Each child care staff and
other adult participating in any field trip or water activity shall:
a. Be assigned primary
responsibility for a specific group of children;
b. Be provided with and bring
with them during the field trip or water activity a written list of the names
of the children for whom they have been assigned primary responsibility;
c. Conduct head counts of
children they are responsible for as often as is necessary to ensure that all
children are present and accounted for at all times; and
d. Be trained or instructed in
supervision requirements and all requirements specified in this section.
(w) Except during swimming
activities conducted by a qualified swim instructor, a person certified in
water safety and rescue, or a lifeguard, child care in all programs shall
prohibit each child who cannot swim from going into water that reaches higher
than his or her navel.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08;
ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss by #12174, EMERGENCY
RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff 11-6-17; ss by #13373,
eff 4-22-22 (formerly He-C 4002.29)
He-C 4002.33 Professional
Development.
(a) All center directors, agency
administrators, site coordinators, or site directors,
and all other child care staff who are responsible for the supervision of
children, or who are necessary for the staff to child ratios, shall keep on
file documentation of completion of a minimum of 6 hours of professional
development, which shall be completed in accordance with the following:
(1) Within
90 days of the first date of employment;
(2) Within 2 weeks for programs operating 3
months of the year or less; or
(3) By providing documentation of previous
completion.
(b) The 6 hours of professional development
required in (a) above shall include:
(1) Child care licensing orientation;
(2) Prevention and control of infectious
diseases, including immunizations;
(3) Prevention of SIDS and use of safe sleep
practices;
(4) Medication administration;
(5) Prevention of and response to emergencies due
to food and other allergic reactions;
(6) Building and safety of physical premises,
including identification of and protection from hazards that can cause bodily
injury such as electrical hazards, bodies of water, and vehicular traffic;
(7) Prevention of shaken baby syndrome and
abusive head trauma;
(8) Emergency preparedness and response planning;
(9)
Handling and storage of hazardous materials and the appropriate disposal of
bio-contaminants;
(10) Appropriate precautions in transporting
children for child care personnel who will provide transportation or accompany
children during transportation;
(11) First aid and CPR;
(12) Prevention, recognition, and reporting of
child abuse and neglect;
(13) Child development, including cognitive,
physical, social, and emotional development; and
(14) Training on all required components in the
emergency operations plan as specified in He-C 4002.16(g)(3) and (h).
(c) Prior to working with
infants 12 months and younger, child care staff shall take training on
prevention of SIDS and use of safe sleep practices.
(d) Child care staff who have not completed the
training in (1) through (4) below shall work under the direct supervision and
observation of a staff member who has completed the following trainings:
(1) Prevention and control of infectious
diseases, including immunizations;
(2) Prevention of shaken baby syndrome and
abusive head trauma;
(3) Handling and storage of hazardous materials
and the appropriate disposal of bio-contaminants; and
(4) First aid and CPR.
(e) Child care staff employed in programs which
are not licensed to care for children younger than 18 months of age shall be
exempt from the requirements of (b)(3) and (b)(7).
(f) The center director, agency administrator, site
coordinator, site director, and all child care staff shall complete 18 hours of
professional development within their first 12 months of hire, and annually
thereafter, in accordance with the following:
(1) A minimum of 3 hours shall be in health and
safety topics listed in (b)(2)-(13) above; and
(2) The remaining 15 hours
shall be in any other areas listed in (k) below.
(g) The only
exceptions to (f) above shall be:
(1) Assistant
teachers, associate teachers, group leaders, assistant group leaders, family
child care workers, and family child care assistants who work fewer than 25
hours per week year round, or more than 25 hours per week during school
vacations, or both, for the same licensee shall:
a. Obtain 12 hours
of professional development within their first 12 months
of hire, and annually thereafter; and
b. Of the 12 hours, a minimum of three hours
shall be in any of the health and safety areas listed in (b)(2)-(13) above, and
the remaining hours shall be in any areas in (j) below;
(2) Child
care staff attending high school or college full time shall obtain 3 hours of
professional development in health and safety areas listed in (b)(2)-(13) above
annually;
(3) Full time college attendance in (2) above
shall mean enrolled in a minimum of 12 credit hours per semester; and
(4) Substitutes, as
defined in He-C 4002.01(bi).
(h) Professional
development shall include trainings, workshops, technical assistance,
self-study, or college courses.
(i) Self-study
projects shall:
(1) Not
exceed 6 of the required 18 hours of professional development; and
(2) Not
be utilized to obtain the professional development in health and safety
requirements in (b)(2)-(13) above.
(j) Self-study
projects referenced in (i) above shall:
(1) Be
based on current research in child development or early childhood;
(2) Demonstrate
developmentally appropriate practice;
(3) Support
the knowledge and skills needed to care for young children; and
(4) Be
documented and include an evaluation component.
(k) In addition to (b) above, professional development,
as specified in (h) through (j) above, shall be in any of the following areas:
(1) Health
and safety;
(2) Caring
for children with exceptionalities;
(3) Nutrition;
(4) Any
child care related courses sponsored or funded by the department;
(5) Indoor
and outdoor learning environments;
(6) Behavior
guidance;
(7) Leadership,
child care administration, or mentoring;
(8) Financial
management;
(9) Working
with families; or
(10) Legal
issues in child care.
(l) The department shall accept the following toward
meeting in-service professional development requirements:
(1) Credit
courses offered by a regionally accredited college or university with one
credit equal to 12 hours;
(2) Non-credit
courses offered for continuing education units by a regionally accredited
college or university;
(3) Conference
sessions or workshops presented by an individual who meets one of the following
criteria:
a. Is
credentialed by the department’s child development bureau, NH early childhood
professional development system in accordance with RSA 170-E:50;
b. Has
at least a bachelor’s degree in the subject area which she or he is providing
professional development;
c. Meets
the minimum qualifications for the position of center director;
d. Holds
a professional license or certification through a professional organization
relevant to the subject area which he or she is providing professional
development; or
e. Is
employed or was previously employed in a position such as a trainer,
instructor, or consultant by an organization specializing in one of the areas
referenced in (k) above in which she or he is providing professional
development;
(4) Technical
assistance provided by an individual who meets one of the criteria in (3) a.
through e. above, provided they have at least 5 years’ experience as a center
director if qualifying under c.
(5) Provision
of training or technical assistance developed and presented by an employee of
the program or an individual hired by the program shall be in accordance with
the following:
a. The
training is conducted when the trainees are not responsible for children;
b. With
the exception of classroom observations, technical assistance is provided when
the subject(s) of the technical assistance are not responsible for children;
and
c. Information
regarding credentials of the individual, their methods, content and objective,
dates and times of trainings or technical assistance, and a list of
participants is on file at the program and available for review by the
department to assist the department in determining that:
1. The
individual meets the requirements specified in (3)a. through e. or (4) above;
and
2. The
training or technical assistance is designed to increase the knowledge or
skills of an individual in order to prepare him or her to more effectively work
with children in a program; and
(6) Online
training and correspondence courses, provided documentation of completion
includes:
a. The
title of the training;
b. The
completion date;
c. The
hours awarded; and
d. A
description which indicates the training is designed to increase the knowledge
or skills of an individual in order to prepare him or her to more effectively
work with children in a program.
(m) Unless otherwise specified on the training
certificate or course description for more or fewer hours, training hours for recertification in first aid shall count as 2 hours
and training for recertification in CPR shall count as 3 hours towards annual
professional development requirements.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.33); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.30)
He-C 4002.34 Family and
Family Group Child Care Programs.
(a) Family
and family group child care homes shall comply with He-C 4002.01 through He-C
4002.33 and this section.
(b) Family child care shall:
(1) Only be provided in a dwelling that provides
complete independent living facilities for one or more persons including
permanent provisions for living, sleeping, eating, cooking, and sanitation; and
(2) Be occupied for living purposes on a full time
basis by the family child care provider; or
(3) Be located:
a. Physically on the same property as the family
child care provider’s permanent residence and such residence is a single family
home;
b. In a duplex structure containing 2 independent
side-by-side dwelling units and the family child care provider permanently
resides in the other dwelling unit located in the duplex; or
c. In a structure with a maximum of 3 stories,
with no more than one dwelling unit located on each floor level, and the family
child care provider permanently resides in one of the other dwelling units
located in the 3 story structure.
(c) A family child care provider may not hold more
than one family child care license.
(d) To
qualify as a family child care provider, an individual shall be:
(1) At
least 21 years of age; or
(2) At
least 18 years of age and submit with his or her application documentation that
he or she has a high school diploma or equivalent, including but not limited to
General Equivalency Diploma (GED), a High School Equivalency Test (HiSet), or a
Test Assessing Secondary Completion (TASC), and at least one of the following:
a. Successful
completion of a 2 year child care curriculum approved by the department of
education; or
b. College
courses, totaling 6 credits, in child development, early childhood, or
elementary education, or other field of study focused on children, including at
least one 3-credit course in child growth and development, from a regionally
accredited college.
(e) A
family child care worker shall be 18 years of age or older.
(f) A
family child care assistant, whether paid or volunteer, shall:
(1) Be
16 years of age or older; and
(2) Work
under the direct observation and supervision of the family child care provider
or a family child care worker at all times.
(g) A
family based program may employ substitute staff who meet the age requirements
of the staff position for whom they are substituting and assume the
responsibilities of any child care staff on an emergency or temporary basis for
not more than 90 consecutive days and not more than a maximum of 120 days in a
12-month period.
(h) Family
child care providers and family child care workers shall complete professional
development requirements in accordance with He-C 4002.33.
(i) Documentation
of professional development requirements shall be maintained at the program and
available for review by the department.
(j) A
junior helper in any family based program, whether paid or volunteer, shall:
(1) Be
at least 14 years of age;
(2) Work
with children only under the direct supervision and observation of a staff
person who meets at least the minimum qualification of a family child care
worker;
(3) Not
be calculated in staff to child ratios as specified in (o) through (q) below;
and
(4) Not
be required to complete professional development hours as specified in He-C
4002.33.
(k) Except in emergencies, a family or family group
child care provider, worker, assistant or aide shall not provide family or
family group child care services for more than 12 hours in any 24-hour period.
(l) The license capacity for family or family group
child care homes shall include the provider’s own, foster, and resident
children up to 10 years of age, when they are present.
(m) The department shall allow family and family group
child care homes to fill vacant slots for preschool-age children with
school-age children who are enrolled in and attending a full day school
program, up to their maximum license capacities.
(n) In a family child care home the maximum number of
children that one family child care provider or family child care worker can
care for shall be 6 preschool children plus 3 school-age children who are
enrolled in and attending a full day school program, provided that:
(1) Of
the 6 preschool children, no more than 4 children are younger than 36 months of
age; and
(2) Of
the 6 preschool children, no more than 2 children are younger than 24 months of
age.
(o) The maximum number of children that a family child
care provider and a family child care worker or assistant can care for shall be
6 preschool children plus 3 school-age children who are enrolled in a full day
school program, provided that, of the 6 preschool children, no more than 4
children are younger than 36 months of age.
(p) Family
group child care homes in which a family child care provider or family child
care worker is working alone shall comply with the limits for a family child
care home with one provider as specified in (o) above.
(q) The
maximum number of children that a family group child care provider and a family
child care worker or assistant may care for shall be 12 preschool children plus
5 school-age children enrolled in a full day school program, provided that, of
the 12 preschool children, no more than 4 children are younger than the age of
36 months.
(r) Family
based programs may care for a child in the foster care system who is younger
than 6 weeks of age provided:
(1) They
have received prior approval from their local fire officer and notification to
the department; and
(2) In
doing so, they will not exceed the limits in (n), (o), and (q) above.
(s) The
department shall not grant approval for (r) above if the program has not
corrected citations identified on a statement of findings.
Source. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff
11-23-08; ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss by #12174,
EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff 11-6-17; ss
by #13373, eff 4-22-22 (formerly He-C 4002.31)
He-C
4002.35 Requirements for Child Care
Staff in Center-Based Programs.
(a) All
center-based programs, other than those operating solely as a school-age
program, shall have a center director who meets the following conditions:
(1) The
center director or qualified substitute director shall be on the premises for
at least 60% of each day’s daytime operating hours; and
(2) Programs
operating as a night care program, the center director, qualified substitute
director or lead teacher shall be on the premises for at least 60% of the
program’s evening and nighttime operating hours.
(b) School-age
programs shall have a site director who meets the following conditions:
(1) For
school-age programs operating 5 or fewer hours per day, a site director or
qualified substitute director shall be on the premises during all operating
hours; or
(2) For
school-age programs operating more than 5 hours per day a site director or
qualified substitute director shall be on the premises for at least 60% of each
day’s daytime operating hours.
(c) Center
directors,
agency administrators, site coordinators and site
directors shall:
(1) Be
responsible for the daily operation of the program and ensure the program’s
compliance with He-C 4002;
(2) Designate
a staff person who meets at least the minimum qualifications of group leader in
school-age programs and associate teacher in all other center-based programs,
in accordance with this section, who will be in charge and assume the
responsibilities of the center director or site director as follows:
a. During
any unplanned or emergency absence of the center director or site director;
b. In
school-age programs operating more than 5 hours per day and all other
center-based programs operating during daytime hours, for the remaining 40% of
the daytime operating hours that the center director or site director is not
required to be present under (a)(1) and (b)(2) above; and
c. In
night care programs, for the remaining 40% of the night time hours that the
center director is not required to be present under (a)(2) above; and
(3) Make
all child care staff aware of the identity and scope of responsibility of the
individual who will be in charge in the center director’s or site director’s
absence.
(d) With
the exception of programs operating only as a school age program, there shall
be at least one lead teacher on the premises during all operating hours, and
one out of every 6 child care staff who are required to be on the premises in
order to meet minimum staff to child ratios shall meet the minimum
qualifications of a lead teacher.
(e)
The only exception to (d) above shall be for the first and last hour of a
center-based program operating more than 5 hours per day, provided an associate
teacher as described in (l) below is on the premises.
(f) Center-based
programs that wish to apply for or have a single license for multiple
buildings, and which choose not to have a center director in each building
shall designate a staff person who qualifies as a lead teacher to be in
charge in each building who reports to the center director.
(g) School age programs that wish to apply for or
have a single license for multiple buildings, and which choose not to have a
site director in each building shall designate a staff person who
qualifies as a group leader to be in charge in each building who reports to the
site director.
(h) The
center director, agency
administrator, site coordinator, site director or his
or her designee shall have available for review at the program for all child
care staff, documentation to verify that
the person qualifies for their position in accordance with this section.
(i) Center-based
programs may employ substitute staff for not more than 90 consecutive days for
the same position only if the individuals:
(1) Meet
the age requirements of the staff position for whom they are substituting; and
(2) Have
completed the criminal background check process as described in He-C 4002.41.
(j) A
center director in a center-based program shall:
(1) Be
at least 21 years of age;
(2) Have
a high school diploma or equivalent, including but not limited to General
Equivalency Diploma (GED), a High School Equivalency Test (HiSet), or a Test Assessing
Secondary Completion (TASC);
(3) Have
3 credits in management or supervision, awarded by an accredited college or
university, a minimum of 2 years’ experience in a supervisory or management
position in lieu of the 3 credits in management and supervision, or a written
plan for completion of 3 credits in
management or supervision from an accredited college or university;
(4) Have
a minimum of 1500 hours experience working with children in a licensed child
care program or public or private elementary school;
(5) Have
one of the following:
a. A
minimum of an associate’s degree awarded by an accredited college in related
coursework;
b. An
additional 3000 hours of experience working with children in a licensed child
care program or in a public or private elementary school and documentation of a
non-expired child development associates (CDA) in center-based programs awarded
by the council for professional recognition;
c.
Current certification in early childhood, elementary, or special education by
the department of education;
d.
Certification in a teacher preparation program accredited by the Montessori
Accreditation Council for Teacher Education (MACTE) in infant and toddler,
early childhood or elementary I, together with 60 credits, awarded by an
accredited college or university; or
e. Documentation
of 60 credits, of which at least 24 shall be in related coursework, including
at least 3 credits in each of the following core knowledge areas:
1. Children
with special needs;
2. Child
growth and development; and
3. Curriculum for early childhood education; and
(6) Be
on file with the department as a center director working in that position on or
before November 6, 2017.
(k) A
lead teacher in a center-based program shall have a high school diploma or
equivalent, including but not limited to General Equivalency Diploma (GED), a
High School Equivalency Test (HiSet), or a Test Assessing Secondary Completion
(TASC), be at least 18 years old, and have one of the following:
(1) A
minimum of 18 credits in related coursework, including at least 3 credits in
child or human growth and development, plus a minimum of 1000 hours experience
working with children in a licensed child care program or public or private
elementary school;
(2) A minimum of 12 credits in related
coursework, plus 3000 hours experience working with children in licensed child
care program or public or private elementary school;
(3)
Documentation of a non-expired child development associates (CDA) in
center-based programs awarded by the council for professional recognition;
(4) A
credential from a teacher preparation program accredited by MACTE;
(5) Five years as a licensed family child care
provider with no enforcement actions imposed by the department;
(6) Successful completion of the New Hampshire
Early Childhood Apprenticeship Program;
(7) A
minimum of 1000 hours of supervised child care experience in a licensed child
care program, documentation of successful completion of a 2-year vocational
course in career and technical education with an additional 9 credits in
related coursework; or
(8) Documentation
from or on file with the department that she or he was qualified for and
employed in the position of lead teacher on or before November 6, 2017.
(l) An
associate teacher in a center-based program shall be at least 18 years old,
have a high school diploma or equivalent, including but not limited to General
Equivalency Diploma (GED), a High School Equivalency Test (HiSet), or a Test
Assessing Secondary Completion (TASC), and have one of the following options:
(1) Written
documentation from or on file with the department that she or he was qualified
and employed as an associate teacher on or before November 6, 2017;
(2) A minimum of 9 credits in related coursework,
including at least one 3 credit course in child or human growth and
development;
(3) Current
certification as para II educator by the department of education; or
(4) A minimum of 1000 hours of supervised child
care experience in a licensed child care program, and knowledge of child growth
and development obtained through one of the following:
a. Completion of a high school level 2-year
career and technical education course in teacher education;
b. A 3 credit college course in child or human
growth and development;
c. Thirty hours of training in child growth and
development, granted by an accredited college or university, an authorized
provider of the International Association for Continuing Education and Training
or obtained through documented life experience, including experience with the
same age children the associate teacher supervises, such as a family child care
provider, service as a foster parent, work as a school teacher, work as a camp
counselor and experience as a group leader for children in sports or other
activities, such as scouts or little league, or closely related experience.
(m) Assistant
teachers in a center-based program, whether paid or volunteer, shall:
(1) Be
at least 16 years of age; and
(2) Work with children only under the direct
supervision and observation of a staff person who meets at least the minimum
qualifications of an associate teacher.
(n) Notwithstanding
(m)(2) above, assistant teachers shall only be alone with a child or group of
children if the following conditions are met:
(1) The
center director has approved the specific assistant teacher to do this, with
approval documented in the employee’s file;
(2) The
employee has been deemed eligible to work pursuant to RSA 170-E:7, III;
(3) The
employee has at least 3 months of experience at the program;
(4) The
employee has completed the required trainings pursuant to He-C 4002.33(a); and
(5) The
specific activities that the assistant teacher may be alone with children
include:
a. Walking
children:
1. To
or from a bathroom;
2. To
or from receiving first aid treatment;
3. To
or from a bus stop; and
4. From
one classroom or area to another within the licensed premises;
b. Supervising
an ill child while waiting for pick-up by a parent;
c. Supervising
a group of children for up to 5 minutes when other child care staff leave the
classroom to do a task that cannot be completed by the assistant teacher; or
d. Supervising
any children that may otherwise be without direct staff supervision pursuant to
He-C 4002.20.
(o) A
junior helper in any center-based program, whether paid or volunteer, shall:
(1) Be
at least 14 years of age;
(2) Work
with children only under the direct supervision and observation of a staff
person who meets at least the minimum qualification of an associate teacher;
(3) Not
be calculated in staff to child ratios as specified in He-C 4002.36, 4002.37,
and 4002.39; and
(4) Not
be required to complete professional development hours as specified in He-C
4002.33.
(p) A
site director in a school-age program shall be at least 20 years of age, have a
high school diploma or equivalent, including but not limited to General
Equivalency Diploma (GED), a High School Equivalency Test (HiSet), or a Test
Assessing Secondary Completion (TASC), and have at least one of the following:
(1) Written
documentation from or on file with the department that she or he was qualified
and employed as a site director in a school-age program on or before the
effective date of these rules in 2022;
(2) A
minimum of an associate’s degree in child development, education, recreation,
or other field of study focused on children, awarded by an accredited college
or university;
(3) Certification
of successful completion of training as a recreation director plus 1000 hours
experience working with children in a licensed child care program, recreation
program or a public or private elementary school;
(4) A
total of 12 credits in child development, education, recreation, or other field
of study focused on children, from an
accredited college plus 1000 hours of experience working with
children;
(5) Current
certification as an educator by the department of education; or
(6) Experience
working with children totaling 2000 hours and:
a. Current
certification as a para II educator by the department of education; or
b. Both
of the following:
1. Documentation
of enrollment in a course for at least 3 credits in child development,
education, recreation, or other field of study focused on children, through an
accredited college or university and a written plan on file for completion of
at least 3 additional credits as specified; and
2. Within
12 months of the date the individual begins working as a site director,
documentation of successful completion of at least 6 credits as specified in
b.1. shall be on file for review by the department.
(q) A
group leader in a school-age program shall be at least 17 years of age, and
have one of the following:
(1) Experience
working with school-age children, totaling 600 hours;
(2) Documentation
of at least 3 credits in child development, education, recreation, or other
field of study focused on children, awarded by an accredited college or
university;
(3) Documentation
that she or he is a certified coach;
(4) Documentation of 5 years of parenting
experience; or
(5) Documentation
from or on file with the department that she or he was qualified and employed
as a group leader in a school-age program on or before the adoption
of these rules in 2022.
(r) An
assistant group leader in a school-age program, whether paid or volunteer,
shall:
(1) Be
at least 15 years of age; and
(2) Work
with children only when under the direct supervision and observation of a site
director or group leader as described in this section.
(s) A
project leader in a school-age program shall:
(1) Be
at least 15 years of age;
(2) Be
certified in CPR and first aid;
(3) Be
recommended by an elementary school or established youth-related organization
or agency; and
(4) Have
a written plan for the project she or he is leading, including:
a. A
description of the project;
b. The
objective and expected outcomes of the project;
c. The
location, time, and length of group meetings; and
d. The
evaluation process of the project.
(t) Project
leaders shall not be required to complete in-service professional development
hours as specified in He-C 4002.33.
(u) Site
directors in programs with a project leader shall:
(1) Inform
the project leader of program policies and child care licensing rules;
(2) Require
child care staff to observe or check on the project leader every 20 minutes;
(3) Supervise,
or require that the group leader supervise, the project leader; and
(4) Have
a consent form on file for review by the department that is signed by the
parent of each child participating in an activity with a project leader.
(v) Project
leaders shall not be calculated in staff to child ratios as specified in He-C
4002.39.
Source. #7294, eff 5-26-00; ss by #9160, INTERIM, eff
5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM,
eff 11-19-16, EXPIRES: 5-18-17; ss by #12174, EMERGENCY RULE, eff 5-17-17,
EXPIRES: 11-13-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly
He-C 4002.32)
He-C 4002.36 Group Child
Care Centers.
(a) Group
child care centers shall comply with He-C 4002.01 through He-C 4002.33, He-C
4002.35, and this section, unless otherwise specified.
(b) Programs
shall staff group child care centers in accordance with the following:
(1) For
children ages 36 to 47 months, the maximum group size shall be 24 with the
following minimum staffing levels:
a. One
associate teacher with up to 8 children;
b. One
associate teacher and one assistant teacher with 9 to 16 children; and
c. One
lead teacher and 2 assistant teachers with 17 to 24 children;
(2) For
children ages 48 to 59 months, the maximum group size shall be 24 with the
following minimum staffing levels:
a. One
associate teacher with up to 12 children; and
b. One
associate teacher and one assistant teacher with 13 to 24 children; and
(3) For
children ages 60 months and over, the maximum group size shall be 30 with the
following minimum staffing levels:
a. One
associate teacher with up to 15 children; and
b. One
associate teacher and one assistant teacher with 16 to 30 children.
(c) Notwithstanding
(b) above, a second staff person shall be in the building when 11 or more
children are present.
(d) In
addition to the staffing requirements under (b) and (c) above, group child care
centers shall:
(1) Base
the staff to child ratio and group size on the average age of the children in
the group when there are mixed ages in the same group; and
(2) Comply
with staff to child ratios and requirements specified in He-C 4002.37 when the
average age of children is younger than 36 months.
Source. #7294, eff 5-26-00; ss by #9160, INTERIM, eff
5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM,
eff 11-19-16, EXPIRES: 5-18-17; ss by #12174, EMERGENCY RULE, eff 5-17-17,
EXPIRES: 11-13-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly
He-C 4002.33)
He-C 4002.37 Infant and Toddler Program.
(a) Infant and toddler programs
shall comply with He-C 4002.01 through He-C 4002.33, He-C 4002.35, and this
section, unless otherwise specified.
(b) Programs shall staff infant
and toddler programs in accordance with the following:
(1) For children ages 6 weeks
to 12 months, the maximum group size shall be 12 with the following minimum
staffing levels:
a. One associate teacher with
up to 4 children;
b. One associate teacher and one
assistant teacher with 5 to 8 children; and
c. One lead teacher and 2
assistant teachers with 9 to 12 children;
(2) For children ages 13 to 24
months, the maximum group size shall be 15 with the following minimum staffing
levels:
a. One associate teacher
with up to 5 children;
b. One associate teacher and
one assistant teacher with 6 to 10 children; and
c. One lead teacher and 2
assistant teachers with 11 to 15 children;
(3) For children ages 25 to 35
months, the maximum group size shall be 18 with the following minimum staffing
levels:
a. One associate teacher with
up to 6 children;
b. One associate teacher and
one assistant teacher with 7 to 12 children; and
c. One lead teacher and 2
assistant teachers with 13 to 18 children.
(c) Notwithstanding (b) above,
a second staff person shall be in the building when 5 or more children are
present.
(d) In addition to the staffing
requirements under (b) and (c) above, programs licensed as infant and toddler programs shall base the staff to child
ratio and group size on the average age of the children in each group when
there are mixed age groups in the same room.
(e) To ensure that the
emotional well-being and physical needs of infants between 6 weeks and 18
months of age are met, programs shall assign one child care staff as primary
caregiver, based upon the staff-to-child ratio, who shall be responsible for
meeting the children’s needs for the majority of time the children are in his
or her care.
Source. #7294, eff 5-26-00; ss by #9160, INTERIM, eff
5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08 (formerly He-C 4002.38);
; ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss by #12174,
EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff 11-6-17; ss
by #13373, eff 4-22-22 (formerly He-C 4002.34)
He-C 4002.38 Preschool
Program.
(a) Preschool
programs shall comply with He-C 4002.01 through He-C 4002.33, He-C 4002.35, and
this section.
(b) Preschool
programs shall meet the staff to child ratio requirements specified in He-C
4002.36(b), as applicable.
(c) Preschool
programs shall, in accordance with RSA 170-E:2, IV(f), operate 5 or fewer hours
per day.
(d) The
curriculum shall provide a variety of hands-on activities to foster:
(1) Social
and emotional development;
(2) Language
development and emergent literacy;
(3) Cognitive
development, including:
a. Early
numeracy;
b. Science
and social studies; and
c. Approaches
to learning;
(4) Physical
development and health; and
(5) Creative
expression and aesthetic appreciation.
Source. #7294, eff 5-26-00; ss by #9160, INTERIM, eff
5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM,
eff 11-19-16, EXPIRES: 5-18-17; ss by #12174, EMERGENCY RULE, eff 5-17-17,
EXPIRES: 11-13-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly
He-C 4002.35)
He-C
4002.39 School-Age Program.
(a) School-age
programs shall comply with He-C 4002.01 through He-C 4002.33, He-C 4002.35, and
this section, unless otherwise specified.
(b) All
school age programs shall be exempt from He-C 4002.08(a) only regarding
recording birth dates on attendance records.
(c) School-age
programs that operate in a building which currently house a public or private
school shall:
(1) Identify and protect children from hazards
such as vehicular traffic with direct supervision if the environment does not
provide adequate protection; and
(2) Be
exempt from modifying the environment to comply with He-C 4002.
(d) Programs
that serve only children attending part day public kindergarten or full-day public
school shall be exempt from:
(1) He-C
4002.23(b)(2) regarding unprotected outlets only;
(2) He-C
4002.23(c) regarding access to sharp objects such as scissors for arts and
crafts or knives for cooking and access to non-cleaning materials or chemicals
not labeled as “harmful if swallowed” or “flammable”, except that hand
sanitizer may be available for use by children under staff supervision; and
(3) He-C 4002.23(f) regarding long cords and
strings.
(e) In
lieu of He-C 4002.26(p), school-age programs operating for more than 5 hours
per day shall provide children with an opportunity for at least 30 minutes of
quiet activities, rest, or relaxation.
(f) The
staff to child ratios for school-age programs shall be one staff for 15
children age 56 months or older, with a maximum group size of 45, with the
following minimum staffing levels:
(1) One
group leader with up to 15 children;
(2) One
group leader and one assistant group leader with 16 to 30 children; and
(3) One
site director and 2 assistant group leaders with 31 to 45 children.
(g) In
addition to the staffing requirements in (f) above, programs licensed as
school-age programs shall have a second staff person in the building when 13 or
more children are present.
(h) School-age
programs that hold combination licenses with multiple program types shall
provide separate space for the school-age children during the hours of
operation of the school-age program when 9 or more school age children are
present.
(i) When
8 or fewer school-age children are present, programs shall have the option
to combine school-age children with children 4 years of age and older.
(j) Programs
shall have and maintain on file for review by parents and the department a
written schedule of daily activities that ensures that the curriculum includes:
(1) Opportunities
for children to help in planning their own activities;
(2) Time
for structured and unstructured play, both indoors and outdoors;
(3) Opportunities
for active and quiet activities; and
(4) Opportunities
for individual and group experiences, both child-initiated and staff directed.
Source. #7294, eff 5-26-00; ss by #9160, INTERIM, eff
5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08; ss by #12046, INTERIM,
eff 11-19-16, EXPIRES: 5-18-17; ss by #12174, EMERGENCY RULE, eff 5-17-17,
EXPIRES: 11-13-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly
He-C 4002.36)
He-C
4002.40 Night Care Program.
(a) Any
program which intends to provide child care services during the evening or
night time hours, between 7:00 PM and 5:00 AM shall be licensed to operate as a
night care program.
(b) Center-based
night care programs shall comply with He-C 4002.01 through He-C 4002.33, He-C
4002.35, and the requirements applicable to the specific program type(s) for
which they are licensed as well as the requirements in this section.
(c) Night
care programs operating in private homes that comply with all of the
requirements for family and family group child care homes shall not be required
to comply with the requirements specified in He-C 4002.35.
(d) Child
care staff shall not allow children attending a night care program to remain in
the program for more than a total of 12 hours in any 24-hour period, except in
an emergency.
(e) Child
care staff shall schedule activities in night care programs that address the
basic and individual needs of children, including but not limited to
relaxation, meals, play, and sleep.
(f) Child
care staff shall provide for privacy and separation by gender for bathing,
toileting, and sleeping for all children.
(g) Child
care staff shall provide each child in a night care program with clean bedding
and a bed or crib with a mattress, a cot, or sleeping bag on a rest mat.
(h) Child
care staff shall make sleeping arrangements that ensure that children who stay
all night are not disturbed by the departure or arrival of those who stay only
a portion of the night.
Source. #7294, eff 5-26-00; ss by #9160, INTERIM, eff
5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08 (formerly He-C 4002.38);
; ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss by #12174,
EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff 11-6-17; ss
by #13373, eff 4-22-22 (formerly He-C 4002.37)
He-C 4002.41 Background Checks and Determination of
Eligibility.
(a) Prior to
employment or residency, as applicable, and every 5 years thereafter, all child
care staff, substitutes, other employees, and volunteers who may be alone with
children or are included in staff to child ratios, and household members age 10
years or older, shall submit for a background record check using NH
Connections.
(b) Each
individual age 18 and older completing a background record check in accordance
with (a) above, shall submit a non-refundable fee for the issuance of the
employment eligibility card, in accordance with RSA 170-E: 7, IV-a. and IV-d.
(c) The following individuals shall not be
required to obtain the employment eligibility card in (b) above:
(1) Family child
care providers, household members, applicants, substitutes, and volunteers;
(2) Child care staff determined eligible to work
prior to October 1, 2017, who remain employed by the same licensee or at the
same location if the licensee has changed at the time of submission of their
background record check in (a) above;
(3) High school and college students; or
(4) Other
employees or individuals whose purpose is not related to the care or
supervision of children in the program.
(d) The background record check shall be completed
in accordance with RSA 170-E:7, unless exempted from this requirement as
permitted under RSA 170-E:7, II-a.
(e) Pursuant to RSA 170-E:7, IV-b, individuals
exempt in accordance with (d) above shall have on file at the program, a
statement from the individual stating since the day the individual’s background
check was completed, that he or she:
(1) Has not been convicted of any crimes; and
(2) Has not had a finding by the department or
any administrative agency in this or any other state for abuse, neglect, or
exploitation.
(f) The unit shall make a determination regarding
the individual’s eligibility in accordance with RSA 170-E:7, III and IV and
notify the program and individual within 45 days of submission of all required
information as required in this section and RSA170-E:7.
(g) Individuals required to complete background
record checks as specified in (a) above shall not have access to children or be
present in the program until the program receives notice of eligibility from
the unit.
(h) When the unit receives the results of the
fingerprint-based criminal background check for an individual that does not
include any disqualifying information as described in RSA 170-E:7, III and IV,
it shall notify the program that the individual may be present in the program,
provided the individual is never alone with children and always under the
direct supervision and observation of a staff member whom the unit has been
deemed eligible. This direct supervision and observation shall continue until
the unit receives all results from the background check required in RSA 170-E:7
and notifies the program and individual as described in (f) above.
(i) When
the department determines that an individual is ineligible to work in child
care, in accordance with RSA 170-E:7, III or IV, it shall provide
notice to the individual that includes:
(1) The
department’s determination of ineligibility;
(2) The
basis for the determination; and
(3) The
individual’s right to challenge his or her criminal record pursuant to Saf-C
5703.12.
(j) When
the department determines that an individual is ineligible to work in child
care, in accordance with RSA 170-E:7, III or IV, it shall provide
notice to the child care program that:
(1) The
department determined the individual to be ineligible to work in child care;
and
(2) The
program shall take immediate action to prohibit the individual from being on
the premises of the child care program and from having access to the children
enrolled in the program.
(k) The
child care program shall inform the department in writing within 2 business
days of receipt of the notice sent in (j) above of the specific action it has
taken as required under (j)(2) above.
Source. #13373, eff 4-22-22
He-C
4002.42 Complaints and Investigations.
(a) In accordance with
RSA 170-E:17, II, the department shall respond to any complaint that meets the
following conditions:
(1) The
alleged non-compliance(s) occurred within 6 months of the date of the
allegation(s);
(2)
The complaint includes the complainant’s first-hand knowledge regarding the
allegation(s) or on information reported directly to the complainant by a child
who has first-hand knowledge regarding the allegation(s);
(3)
There is sufficient specific information for the department to determine that
the allegation(s), if proven to be true, would constitute non-compliance of any
of the provisions of RSA 170-E or He-C 4002; or
(4) The
complaint is from any source and alleges non-compliance that occurred at any
time if the complaint alleges:
a. Physical
injury or abuse;
b. Verbal,
or emotional abuse; or
c. The
danger of physical injury to one or more children.
(b) When
the complaint is determined to be substantiated, a statement of findings shall
be issued to the program listing the citations found resulting from the
investigation and any other citations found.
(c) When
the complaint is determined to be unfounded, the department shall
send a notice to the program advising that the complaint was unfounded.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.08); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22 (from He-C 4002.07)
He-C
4002.43 Confidentiality.
(a) Any
information collected by the department pursuant to RSA 170-E:7 regarding
criminal conviction records or founded cases of child abuse or neglect, which
results in a department determination that the individual being investigated is
ineligible to work with children, shall be kept confidential by the department,
with the following exceptions:
(1) The program in which the individual is
employed shall be notified that the individual has been determined to be
ineligible to work with children, in accordance with the provisions of RSA
170-E:7, III, or RSA 170-E:7, IV, so that the program can take corrective
action; and
(2) If a statement of findings is issued
regarding the employment or presence in the program of an individual covered
under (1) above, it shall not include the name of that individual on the
statement of findings and shall only specify that the individual was determined
by the department to be ineligible to work with children.
(b) The department shall keep confidential
information collected during the application process and any records in its
possession regarding the admission, progress, health, and discharge of
children, with the following exceptions:
(1) Upon
receipt of:
a. A
written request from the applicant, licensee, permittee, or his or her
designated legal representative, the department shall release to the requester,
information obtained during the application process; and
b. Upon
receipt of a written authorization to release information, signed by the
applicant, licensee, or permittee, or in the case of personal information,
signed by the individual who is the subject of the information, the department,
shall release any information collected during the application process; or
(2) During an administrative proceeding against
the applicant or licensee.
(c) Except for law enforcement agencies or in an
administrative proceeding against the applicant or licensee, the department
shall keep confidential any information collected during an investigation,
unless it receives an order to release, destroy, or take any action relating to
the information from a court of competent jurisdiction.
(d) Applicants, licensees,
permittees, and all child care staff shall keep confidential all records
required by the department pertaining to the admission, progress, health, and
discharge of children under their care and all facts learned about children and
their families with the following exceptions:
(1 Child care staff shall allow the
department access to all records that programs are required by department rule
or state statute to keep, and to such records as necessary for the department
to determine staffing patterns and staff attendance; and
(2) Child care staff shall release information
regarding a specific child only as directed by a parent of that child, or upon
receipt of written authorization to release such information, signed by that
child’s parent.
(e) In addition to the confidentiality
requirements in (d) above, child care staff shall discuss or share information
regarding the admission, progress, behavior, health, or discharge of a child
with the child’s parent(s) in a manner that protects and maintains
confidentiality for both the child and the child’s parent(s).
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.08); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.08)
He-C
4002.44 Enforcement Action and Right
to Appeal.
(a) The
department shall consider the following enforcement actions in response to
non-compliance with licensing rules and laws:
(1) Assessment of administrative fines;
(2) Placement of conditions on a permit or
license;
(3) Suspension of a permit or license;
(4) Denial of an application for a new or renewed
license; or
(5) Revocation of a permit or license.
(b) The
department shall place conditions on a license or permit when it determines
that the applicant, licensee, or permittee is in violation of any of the
provisions of RSA 170-E or any rule, and it determines that placement of those
conditions shall:
(1) Protect
the health, safety, or well-being of children;
(2) Assist
the applicant, licensee, or permittee to achieve and maintain compliance with
licensing rules or statute; or
(3) Assist
the applicant, licensee, or permittee to avoid suspension, revocation or denial
of their license or permit.
(c) When
the department intends to place conditions on a license or permit, it shall
send to the applicant, licensee, or permittee a notice setting forth:
(1) The
reason(s) for the intended action;
(2) The
specific condition(s) the department intends to place on the license or permit;
(3) The
effective date(s) of the proposed conditions;
(4) Notice
that, once the department places conditions on the license or permit, failure
to comply with those conditions shall constitute failure to comply with the
provisions of license; and
(5) Information
about the right to request an administrative hearing by submitting a written
request for an administrative hearing to the commissioner no later than 10
calendar days from the date of receipt of the notice.
(d) The
conditions placed in accordance with (b) above:
(1) Shall
be determined by the department, based on the single or combination of options
specified that will best address the specific issue or problem; and
(2) Shall
include, but not be limited to:
a. Prohibiting
a licensee or permittee from enrolling any additional children in a program;
b.
Reducing the license capacity or the number of children for whom a licensee or
permittee is authorized to care in a specific component of a program;
c. Requiring
an individual to obtain additional education other than that required for their
position, or to complete additional in-service professional development
activities, in excess of the annual requirement as specified under He-C 4002.33
in order to prepare them to more effectively work with children or assist them
in achieving and maintaining compliance with He-C 4002;
d. Requiring
an applicant, licensee, or permittee to hire additional staff on a temporary or
permanent basis;
e. Restricting an
administrator, or any other child care staff, or other individual’s access to
enrolled children during child care hours as a result of a determination that
the individual poses a threat to children and has been having, or may have,
regular contact with the children enrolled in the program;
f. Prohibiting
a licensee or permittee from applying for an increase in the license capacity,
or any addition of new program types to an existing license or permit, until
they achieve and maintain compliance with He-C 4002;
g. Prohibiting
an applicant, licensee, or permittee from applying for additional child care
program licenses; or
h. Requiring the licensee to replace the center
director, site director, or site coordinator.
(e) The
department’s decision to place conditions on a license or permit shall become
final when:
(1) The
applicant, licensee, or permittee does not request an administrative hearing as
specified in (c)(5) above; or
(2) The
department’s decision to place conditions on the license or permit is upheld
after an administrative hearing.
(f) The placement of conditions on a license or permit
shall not prohibit the department from enforcing any conditions or any other
enforcement action available to it under He-C 4002 or RSA 170-E.
(g) When
the department places conditions on a license or permit, the department shall
issue a revised license or permit reflecting the conditions imposed.
(h) Upon
receipt of notice of the department’s intent to place conditions on a license,
the applicant, licensee, or permittee receiving the notice shall immediately
provide the department with evidence that the program notified all of the
parents of enrolled children of the conditions imposed on the license by the
department.
(i) When
a program has met the conditions placed on the license and has maintained
compliance with all licensing rules and statutes related to the conditions for
a period of one year or the time period reflected on the license or permit,
whichever is greater, the department shall:
(1) Provide
written notice to the licensee or permittee of the department's intention to
rescind the conditions; and
(2) Issue
a revised license or permit.
(j) The
department shall revoke a permit or license or deny an application for a new
license, license renewal, or license revision in accordance with RSA 170-E:12
if:
(1)
The applicant, licensee, or permittee fails to provide or does not meet the
requirements of He-C 4002.02;
(2)
The applicant, licensee, or permittee
refuses to submit or adhere to an agreement or corrective action plan
which ensures that an individual determined ineligible for employment or as a
household member is removed from employment or from the household and will not
have access to the children in care during the operating hours of the program;
(3) The
applicant, licensee, or permittee has endangered, or continues to endanger one
or more children, or otherwise caused one or more children to be physically or mentally
injured;
(4) The
applicant, licensee, or permittee has a:
a. Finding of abuse, neglect, or exploitation of
any person;
b. Conviction of child endangerment, fraud, or a
felony against a person in this or any other state by a court of law;
c. Conviction of any crime as referenced in RSA
170-E:7, III or IV; or
d. Complaint investigation for abuse, neglect,
or exploitation substantiated by the department or in any other state;
(5)
The applicant, licensee, or permittee, or any representative or employee
thereof knowingly provides false or misleading information to the department,
including but not limited to information on the application or in the
application attachments;
(6) The
applicant, licensee, or permittee, or any representative or employee thereof
fails to cooperate with any inspection by the department or fails to submit any
records or reports required by the department;
(7) The
applicant, licensee, or permittee violates any of the provision of RSA
170-E:1-23 or He-C 4002;
(8) The
applicant, licensee, or permittee has demonstrated a history or pattern of
multiple or repeat citations of RSA 170-E or He-C 4002, that pose or have posed
a threat to the safety of a child or children;
(9) The
applicant, licensee, or permittee fails to submit an acceptable corrective
action plan or fully implement and continue to comply with a corrective action
plan approved by the department in accordance with He-C 4002.06(f) through (i);
(10) The
applicant, licensee, or permittee fails to pay a fine assessed by the
department as specified in He-C 4002.45; or
(11) The
applicant, licensee, or permittee fails to implement and comply with conditions
placed on a license by the department as specified in He-C 4002.44(b).
(k) If
the department revokes a license or permit, or if a license or permit has
expired due to the program’s failure to submit a timely application for renewal
in accordance with He-C 4002, the program shall discontinue operations
immediately.
(l) The
department shall notify applicants, licensees, or permittees of a decision of
the department to deny, revoke, or suspend a license of their right to an
administrative hearing in accordance with RSA 170-E:13.
(m) If
an applicant, licensee, or permittee fails to request an administrative hearing
in writing within 10 days of the receipt of the notice required by RSA
170-E:13, I, the action of the department shall become final.
(n) Administrative hearings under this section shall be
conducted in accordance with RSA 170-E:13 and 14, RSA 541-A, and He-C 200.
(o) Further
appeals of department decisions under this section shall be governed by RSA
170-E:14.
(p) Any
licensee or permittee who has been notified of the department’s intent to
revoke or suspend a license or deny an application for license renewal may
continue to operate during the appeal process except as specified in (q) below.
(q) When
the department includes in its notice of revocation or suspension an order of
immediate closure, pursuant to RSA 170-E:13, III, or RSA 541-A:30, III, the
program shall immediately terminate its operation and not operate while an
administrative hearing is pending except under court order or as provided by
RSA 541-A:30, III.
(r) The
department shall initiate suspension of a license or permit rather than
revocation when it determines that:
(1) The
program does not have a history of repeat citations of licensing rules or
statute and the action is based on non-compliance or a situation that is:
a. Related
to a correctable environmental health or safety issue, including but not
limited to a problem with a program’s water supply, septic system, heating
system, or structure; and
b. Documented
by the program as being temporary in nature; or
(2) The
action is for one of the following and is under appeal:
a. A
criminal conviction; or
b. A
finding by the division for children, youth, and families, of child abuse,
neglect, or endangerment.
(s) Any
suspension of a license or permit for which an administrative hearing has not
been requested or any suspension of a license that has been upheld by an
administrative hearing shall remain in effect until the department notifies the
program whose license or permit was suspended that the suspension has been
removed because:
(1) The
non-compliance which resulted in the suspension is corrected; or
(2) The
suspension was the result of loss of fire or health officer approval and the
local fire or health officer has reinstated their previously rescinded
approval.
(t) Upon
receipt of notice of the department’s intent to revoke, suspend, deny, or
refuse to issue or renew a license or permit, the applicant, licensee, or
permittee shall immediately provide the department with a list of the names,
addresses, and phone numbers of the parents of enrolled children and staff
employed by the program.
(u) Based
upon information provided under (t) above, the department shall notify the
parents of children currently enrolled in the program, and staff employed by
the program that the department has initiated action to revoke or suspend the
license or deny an application for a license renewal.
(v) When
a program is allowed to continue operating pending appeal as provided in (p)
above, the program shall provide the suspension or revocation notice to any new
families prior to enrollment of their child or children or prospective staff
prior to offer of employment.
(w) The
department shall send a notice equivalent to the notice specified in (u) above
to the following entities:
(1) The
health officer and fire inspector serving the town in which the program is
located;
(2) The
organization or entity who provides resource and referral services, pursuant to
RSA 171-E:5-a, which covers the town in which the program is located; and
(3)
The state office of the United States Department of Agriculture child and adult
food program.
(x) An applicant, licensee, center director, or site director shall be
ineligible to reapply for a license, employment as a center director or site
director, be a family child care provider, or hold any corporate office or
controlling interest in any licensed program after revocation of a license or
denial of an application.
(y) The period of ineligibility
shall be at least 5 years from:
(1) The
date the decision to revoke or deny becomes final; or
(2)
The date an order is issued upholding the action of the department, if an
administrative hearing was requested.
(z) When
an individual enters into an administrative agreement with the department to
surrender a license or withdraw an application that exceeds the 5 years in (y)
above, the agreement shall supersede the rule.
(aa) The
department shall accept an application from an individual or consider an
individual to be eligible to be employed as a center director, site director,
or family child care provider after the 5 year period specified in (y) above
only when it determines that the individual has, through education, training,
or experience, acquired the knowledge and skills, and has the resources
necessary to operate or direct a child care program in compliance with
licensing rules and statute.
(ab) Notwithstanding
(aa) above, the department shall consider a request for a center director, site
coordinator, or site director, prior to the expiration of the 5 years, to be
considered eligible to be employed as a center director, site coordinator, or
site director for another applicant or licensee, or to become an applicant for
a license, only under the following circumstances:
(1) The revocation
or denial was based on the center director’s, site coordinator’s, or site
director’s inability to correct the non-compliance due to the applicant or
licensee’s refusal or inability to correct; and
(2) The
center director, site coordinator, or site director employed by the applicant
or licensee whose license was revoked or application was denied shows that
circumstances have substantially changed such that the department now has a
good cause to believe that the center director, site coordinator, or site
director has the requisite degree of knowledge, skills, and resources necessary
to maintain compliance with the provisions of RSA 170-E and He-C 4002.
(ac) Notwithstanding
(aa) above, the department shall consider an application submitted after the
decision to revoke or deny becomes final, but before the expiration of the 5
years referenced in (y) above, provided revocation or denial was the result of
non-compliance with RSA 170-E:4, II, RSA 170-E:12, I, RSA 170-E:12, V, RSA
170-E:12, VI, RSA 170-E:12, VII, RSA 170-E:12, VIII and RSA 170-E:12, XI, and only
under the following circumstances:
(1) The
denial was based on the applicant or licensee’s inability or failure to correct
non-compliance caused by a temporary condition which has been corrected; and
(2) The
licensee or applicant who was denied an initial application shows that
circumstances have substantially changed such that the department now has a
good cause to believe that the applicant has the requisite degree of knowledge,
skills, and resources necessary to maintain compliance with the provisions of
RSA 170-E and He-C 4002.
(ad) No
ongoing enforcement action shall preclude the imposition of any remedy
available to the department under RSA 170-E, RSA 541-A, He-C 4002 or other law.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.10); ss by #9605, eff 11-26-09; ss by #12046, INTERIM, eff
11-19-16, EXPIRES: 5-18-17; ss by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES:
11-13-17; ss by #12415, eff 11-6-17; ss by #13373, eff 4-22-22 (formerly He-C
4002.09)
He-C
4002.45 Administrative Fines.
(a) The
department shall assess administrative fines in accordance with RSA 170-E:11,
VI and VII, and RSA 170-E:21-a as follows:
(1) The
department shall send the notice of intent to assess a fine by certified mail
or by hand delivery to any person, applicant, licensee, or permittee;
(2) The
written notice required under (1) above shall include:
a. The
amount of the fine, the citation(s), and dates, if applicable, for which the
fine is being assessed;
b. Information
regarding the right to request an administrative hearing, including the name,
address, and phone number of the hearings unit, and deadline by which to
request a hearing;
c. Information
about the option of reducing any assessed fine by 50% by submitting to the
department, no later than 10 days from receipt of the notice, payment of the
reduced fine, and a written statement waiving the right to request an
administrative hearing regarding the fine, signed by the applicant, licensee,
or permittee; and
d. The
name of a contact person within the office of operations support, bureau of
licensing and certification;
(3) If
the applicant, licensee, or permittee does not request an administrative
hearing as specified in (2)b. above, the department’s decision to assess a fine
shall become final after the 10 day period specified in (2)c. above and the
fine shall be paid to the department no later than 10 days from that date;
(4) When
an administrative hearing is conducted and the department’s decision to assess
a fine is upheld, the fine shall be due and payable within 10 days of the date
of the hearing officer's decision; and
(5) The
assessment of fines shall not prohibit the department from enforcing any
conditions or any other enforcement action available to it under He-C 4002 or
RSA 170-E.
(b) The
department shall assess fines in accordance with the following:
(1) For
failure to comply with the provisions of a license or permit, in violation of
He-C 4002.05(a)(1), the fine shall be $200.00, plus $100.00 per day for each
day for which the department has evidence that the program continues to fail to
comply with the provisions of a license or permit, in violation of He-C
4002.05(a), after receipt of written notice of non-compliance from the
department;
(2) For
a repeat citation for failure to comply with the provisions of a license or
permit, in violation of He-C 4002.05(a)(1), the fine shall be $500.00, plus
$100.00 for each day for which the department has evidence that the program
continues to fail to comply with the provisions of a license or permit, in
violation of He-C 4002.05(a), after receipt of written notice of non-compliance
from the department;
(3) For
operating a child care program without a license or permit, in violation of RSA
170-E:4, I, the fine shall be $500.00, plus $100.00 per day for each day for
which the department has evidence that the program continues to operate, in
violation of RSA 170-E:4, I;
(4) For
continuing to operate a child care program after voluntarily closing, or for
continuing to operate under an expired license after failing to submit a timely
renewal application, in violation of RSA 170-E:4, I, the fine shall be
$1,000.00, plus $100.00 per day for each day for which the department has
evidence that the program continues to operate, in violation of RSA 170-E:4, I;
(5)
For continuing to operate a child care program after suspension, revocation, or
denial of a license or permit, in violation of RSA 170-E, I, the fine shall be
$2,000.00, plus $500.00 per day for each
day for which the department has evidence that the former licensee or permittee
continues to operate a child care program in violation of RSA 170-E:4, I;
(6) For
failure to submit any requested reports or failing to make available any
records required by the department for investigation, monitoring, or licensing
purposes in violation of He-C
4002.05(k), (l), or (n)(4), the fine shall be $500.00, per offense, plus $100.00 per day, per offense, for each day
for which the department does not receive the requested documents;
(7) For
making false or misleading statements, either verbal or written, to the
department, or for directing, requiring, or knowingly allowing any child care
staff to make false or misleading statements to the department, or falsifying
any documents, other written information, or reports issued by or required by
the department, in violation of He-C 4002.05(m), the fine shall be $1000.00 per
offense;
(8) For
failure by the applicant, licensee, or permittee, or by any child care staff at
the direction of or on behalf of the applicant, licensee, permittee, center
director, or site director, to cooperate during any visit authorized under RSA
170-E or He-C 4002, in violation of He-C
4002.05(n) the fine shall be $1000.00;
(9) For
failure to submit a corrective action plan, in violation of He-C 4002.06(f),
the fine shall be $200.00;
(10) For
failure to implement or maintain the corrective action set forth in any
corrective action plan that has been approved or issued by the department, in
violation of He-C 4002.06(m) , the fine shall be $250.00 per citation;
(11) For
failure to supervise each child in care, in violation of He-C 4002.20(a), the
fine shall be $750.00;
(12) For
abusing or neglecting a child or children, or failing to protect a child or
children from abuse or neglect by any individual when the licensee, permittee,
center director, or site director, either knew or should have known about the
abuse or neglect, in violation of He-C 4002.18(e)(1) and (f), the fine shall be
$1000.00;
(13) For
using corporal punishment, or failing to protect children from corporal
punishment in the child care program by any child care staff, household member,
or other individual, when the licensee, permittee, center director, or site
director either knew or should have known about the corporal punishment, in
violation of He-C 4002.18(e)(3) and (f), the fine shall be $1000.00;
(14) For using inappropriate discipline or
rough handling children, or failing to protect children from inappropriate
discipline or rough handling when the licensee, permittee, center director, or
site director either knew or should have known about the inappropriate
discipline or mistreatment, in violation of He-C 4002.18(e)(2), the fine shall
be $500.00;
(15) For
failure to comply with the qualifications for a center director or site
director, in violation of He-C 4002.35(j) and (p) respectively, when the
non-compliance is not corrected within 5 business days of written notice of
non-compliance from the department, the fine shall be $100.00, plus $100.00 for
each day that the non-compliance continues;
(16) For
failure to complete the criminal background check process, in violation of RSA
170-E:7 and He-C 4002.41, the fine shall be $500.00, plus $100.00 per day when
the non-compliance is not corrected within 5 business days and the employee,
household member, or other individual continues to work in the program without
having completed the criminal background check process;
(17) For
non-compliance of any statute or any rule which results in endangering one or more children, in
violation of RSA 170-E:4, 2, the fine shall be $1000.00 for each citation, plus
$200.00 per day for each day for which the department has evidence that the
non-compliance continues after receipt of written notice of non-compliance from
the department;
(18) For
a repeat citation of any rule not specified in (b)(3) through (17) above, the
fine shall be $200.00;
(19) Except for (b)(5) above, when
an inspection results in a determination that non-compliance of RSA 170-E or
He-C 4002 is a repeat citation of any of the rules specified in (b)(3) through
(19) above, the fine shall be twice the amount as the original fine assessed,
not including any applicable daily rates;
(20) For
the purposes of (b)(18) through (19) above, each incident of non-compliance
shall constitute a separate citation subject to a separate fine; and
(21) For
non-compliance of any statute, or rule which results in physical injury to one
or more children, or places one or more children in jeopardy of physical harm,
the department shall assess a fine of $2,000.00 for each non-compliance, plus
$500.00 per day that the non-compliance exits.
Source. #2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91;
ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00;
ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
(from He-C 4002.11); ss by #12046, INTERIM, eff 11-19-16, EXPIRES: 5-18-17; ss
by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17; ss by #12415, eff
11-6-17; ss by #13373, eff 4-22-22 (formerly He-C 4002.10)
PART He-C
4003 YOUTH RECREATION CAMPS
He-C 4003.01 Purpose.
(a)
The purpose of the rules in He-C 4003.01 through He-C 4003.41 is to
provide an environment conducive to promoting and protecting the health and
safety of all individuals who attend or provide services at a youth recreation
camp (YRC).
(b)
The purpose of the rules in He-C 4003.42 is to accommodate situations
where strict compliance with all requirements established in this part may not
be necessary for the protection of the safety and health of the individuals who
attend or provide services at a YRC.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.02 Applicability.
(a)
The definitions in He-C 4003.03 shall apply throughout this part.
(b)
The rules in He-C 4003 shall apply to:
(1) All YRCs as defined herein; and
(2) Any organization or program exempt from
licensing under RSA 170-E:3, I, that chooses to apply for and obtain a license
under these rules.
(c)
Except as provided in (b)(2), the rules in He-C 4003.03 through He-C
4003.41 shall not apply to:
(1) Any child day care agency as defined in RSA
170-E:2, IV; or
(2) Places, entities, and programs exempt from
licensing under RSA 170-E:3, I.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.03 Definitions.
(a)
“Activity leader” means an
individual who is not a regular staff member and is engaged by the YRC to
oversee a specific activity, the purpose of which is to teach a skill, such as
horseback riding, archery, or a craft.
(b)
“Authorized staff” means a physician, a licensed health care
practitioner, or YRC staff who has been trained as specified in He-C 4003.30.
(c) “Camp facilities” means all of the structures
at a youth recreation camp, whether temporary or
permanent, used by
YRC staff or campers for sleeping, eating, personal hygiene, recreation,
instruction, health care, or camp management, or any combination thereof.
(d) “Camper” means any person enrolled in a YRC.
(e) “Certified as an emergency medical
responder” means certified as an emergency medical responder:
(1) By the United States Department of
Transportation (USDOT); or
(2) Through a different nationally-recognized
course whose standards are no less stringent than the certification standards
of the USDOT.
(f)
“Certified in first aid/CPR/AED” means certified in adult and pediatric
first aid, cardiopulmonary resuscitation (CPR), and the use of an automated
external defibrillator (AED):
(1) By the American Red Cross; or
(2) Through a different nationally-recognized course
whose standards are no less stringent than the certification standards of the
American Red Cross.
(g)
“Certified in wilderness and remote first aid” means certified in
wilderness and remote first aid:
(1) By the American Red Cross; or
(2) Through a different nationally-recognized
course whose standards are no less stringent than the certification standards
of the American Red Cross.
(h)
“Communicable disease” means “communicable disease” as defined in RSA
141-C:2, VI.
(i) “Contained YRC campus” means a parcel of
land, with or without buildings thereon, that is:
(1) Used for youth recreation camping;
(2) Not open for use by the general public while
the YRC is in operation; and
(3) Typically, but not necessarily, in a rural
location.
(j)
“Counselor” means an individual who is responsible for the direct
supervision of campers and the supervision and training of
counselors-in-training or junior counselors, or both.
(k)
“Counselor-in-training (CIT)” means an individual who works directly
with campers only under the supervision of a counselor.
(l)
“Day camp” means a YRC that operates for less than 24 hours per day.
(m)
“Department” means the department of health and human services.
(n)
“Director” means the individual in charge of the day-to-day operations
of a YRC.
(o)
“Emergency medical services” means “emergency medical services” as
defined in RSA 153-A:2, VI.
(p)
“Infirmary” means the area designated at a YRC for on-site medical care
of campers or of campers and YRC staff.
(q)
“In operation” means campers are in attendance at a youth recreation
camp.
(r)
“Junior counselor (JC)” means an individual who works directly with
campers only under the supervision of a counselor.
(s)
“Licensed health care practitioner” means an individual who:
(1) Is authorized as provided in New Hampshire
law to work as a registered nurse (RN), licensed practical nurse (LPN),
advanced practice registered nurse (APRN), or physician’s assistant (PA); and
(2) Has had training equivalent to or more
intensive than that specified in He-C 4003.40(a).
(t)
“Off-site overnight camping” means any venture that:
(1) Involves a recreation activity, including but
not limited to hiking, climbing, biking, canoeing, horseback riding, water
activities, camping, and tenting;
(2) Occurs for the duration of one night or
longer; and
(3) Occurs outside of the normal sleeping
quarters of the youth recreation camp.
(u) “Person” means any municipality,
governmental subdivision, public or private corporation, individual,
partnership, or other entity.
(v)
“Physician” means any physician or health practitioner with the
authority to write prescriptions.
(w)
“Public water system (PWS)” means “public water system” as defined in
RSA 485:1-a, XV.
(x)
“Reportable disease” means a communicable disease, as defined in RSA
141-C:2, VI, required to be reported to the commissioner of the department of
health and human services (DHHS) pursuant to RSA 141-C:7 and He-P 301.02.
(y)
“Residence camp” means a YRC that operates for 4 or more consecutive
24-hour days.
(z)
“Season” means the period(s) of time in the licensing year during which
a seasonal YRC plans to operate and does operate.
(aa)
“Seasonal camp” means a youth recreation camp that is not a year-round
camp.
(ab)
“State fire code” means “state fire code’” as defined in RSA 153:1,
VI-a.
(ac)
“Unit” means the child care licensing unit within the department of
health and human services.
(ad)
“Year-round camp” means a youth recreation camp that operates during
each calendar quarter of the year.
(ae)
“Youth” means individuals who are under 18 years of age.
(af)
“Youth recreation camp (YRC)” means a program that operates for at least
10 days per license year for the purpose of providing recreational
opportunities, or a combination of recreation and instruction, to 10 or more
youth per day, at a place which is continuously or periodically used for such
purposes. The term includes camps,
residence camps, and seasonal and year-round day camps.
(ag) “YRC operator” means the
individual that has primary responsibility for the day-to-day management of a
YRC.
(ah)
“YRC owner” means the person or entity that owns and is responsible for
the operation and management of a YRC.
(ai)
“YRC staff” means the individuals employed or otherwise engaged by a
YRC, whether for pay or not, to:
(1) Manage the camp, including office personnel,
managers, and kitchen and maintenance staff; and
(2) Work directly with campers, including
counselors, counselors in training, junior counselors, activity leaders,
instructors, and health care providers.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.04 License Required.
(a)
As specified in RSA 170-E:56, I:
(1) No person shall
for profit or for charitable purposes operate any youth recreation camp (YRC) without a license
issued by the department; and
(2) The license to operate a year-round camp
required by RSA 170-E:56 shall be good only for the calendar year in which it is issued.
(b)
A license shall be issued for one calendar year, beginning January 1 and
ending December 31, unless otherwise requested on the application.
(c)
The license to operate a seasonal camp required by RSA170-E:56, I shall
be valid only between the opening and closing dates specified on the
application.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.05 YRC License Application Requirements.
(a)
Each applicant for a YRC license shall submit the following information
to the unit:
(1) The name of the YRC;
(2) The location where the YRC operates in New
Hampshire, by street address and municipality;
(3) The name, primary mailing address, daytime
telephone number, and emergency telephone number of the YRC owner and, if
available, an e-mail address;
(4) The name, primary mailing address, daytime
telephone number, and emergency telephone number of the YRC operator, and if
available, an e-mail address, if the operator is not the owner;
(5) If the owner or operator, or both, is other
than an individual, the name, daytime telephone number, and, if available,
e-mail address for an individual representing the owner or operator, or both,
as applicable;
(6) Whether the YRC has operated previously in
New Hampshire, and if so the following:
a. A list showing the year(s) the YRC operated;
b. For each year, the name under which the YRC
operated, if different from the name in which the current application is being made; and
c. Whether the YRC’s license has ever been
suspended or revoked;
(7) The capacity of the YRC, as follows:
a. Maximum number of campers per camp session; and
b. Number of YRC staff;
(8) Whether the YRC is a seasonal camp or a
year-round camp;
(9) Whether the YRC is a day camp or a
residential camp;
(10) For a seasonal camp, the opening date and
closing date for campers;
(11) For a seasonal camp, the seasonal mailing
address(es) and daytime telephone number(s) of the YRC owner, if different than
the primary mailing address;
(12) Whether the camp prepares or serves food to
the campers or staff;
(13) The name of each lake or river, if any, on
which the YRC is located;
(14) Whether the YRC is a public water system (PWS) or is
connected to a PWS, and:
a. If
so, the name and PWS ID
number of the public water system; and
b. If not, the source of
drinking water used by the YRC;
(15)
Whether the YRC is connected to a municipal sewer or other community,
off-site sewage disposal system or is served by on-site sewage disposal
system(s);
(16) If
the YRC is an entity that is required by RSA 292, RSA 293, RSA 293-A, or other
applicable provision of New Hampshire law to register with the New Hampshire
secretary of state:
a. The business ID number
assigned by the New Hampshire secretary of state; and
b. An affirmation by the YRC owner
that the YRC is registered and in good standing to do business in New
Hampshire; and
(17)
The address of each YRC web site and social media network site, if any.
(b)
With the application, the applicant shall submit as attachments the
following to the department:
(1) Results of a DCFY central registry name
search completed by the YRC owner and operator, if different from the owner, if
he or she is a current resident or has resided in New Hampshire within the
previous 7 years;
(2) The criminal history record check results of
the YRC owner and operator, if different, from each state where the YRC owner
and operator has lived, which may be done through a national database if the
database includes all such states; and
(3) A YRC checklist, consisting of a list of the
operating standards that apply to the YRC that shall indicate the status of the
YRC’s compliance with each standard specified in He-C 4003.11 through He-C
4003.41, as follows:
a. A status of “YES” means the YRC complies with
the standard;
b. A status of “PENDING” means the YRC does not
comply with the standard as of the application date but will be brought into
compliance prior to the arrival of campers; and
c. A status of “NO” means the YRC does not
currently comply with the standard and does not have a plan to come into
compliance prior to the arrival of campers.
(c)
For any standard marked as “PENDING” or “NO” on the YRC checklist, the
applicant shall provide a narrative explanation of the reason(s) for the
non-compliance and:
(1) A brief description of the plan(s) to bring the
YRC into compliance; or
(2) A request for a waiver of the requirement as
specified in He-C 4003.43.
(d) For any YRC that is not served by a PWS that
provides drinking water, other than water bottled as specified in
RSA 143:16, RSA 485:3, XI and He-P 2100, to campers or YRC staff, or both, the YRC
owner or designee shall submit results of a current water analysis for bacteria
and nitrates with the application.
(e) For any YRC that is connected to a PWS during
the season and that disconnects from the PWS at the end of the season and
reconnects prior to the next season, the YRC owner or designee shall submit
results of a current water analysis for bacteria with the application.
(f) For any YRC that is not connected to a
municipal sewer or other off-site community sewage disposal system, the
applicant shall provide the following additional information with the
application:
(1) The
type(s) of toilet facilities and sewage disposal system(s) available;
(2) For
any system that has been approved by the department of environmental services,
the approval number and date;
(3) For
any system that has not been approved by the department of environmental
services and which includes a septic tank, a statement of the approximate age
of the system and the approximate date of the most recent septic tank pumping
or inspection; and
(4) For
any system that includes a lagoon, the number, date,
and name of permittee as shown on the groundwater discharge permit or underground
injection control (UIC) permit for the lagoon, as issued by the department of
environmental services.
(g)
The YRC owner or authorized representative shall sign and date the
application and the YRC checklist.
(h) The signature on the application and YRC
checklist shall constitute certification that:
(1) The signer is the YRC owner or has been
authorized by the YRC owner to sign the application;
(2) The information provided in and with the
application is true, complete, and not misleading to the knowledge
and belief of the signer; and
(3) The
signer understands that any license granted based on false, incomplete, or
misleading information shall be subject to suspension or revocation.
(i)
The applicant shall file the complete application with attachments:
(1) At least 30 days prior to the opening of the
YRC, for a seasonal camp; or
(2) No later than December 1 for the following
calendar year, for a year-round camp.
(j)
The applicant for a YRC license shall file a complete application with
the department at the following address:
Department of
Health and Human Services
Child Care
Licensing Unit
129 Pleasant
Street
Concord, NH
03301-3857
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New.
#13073, eff 7-23-20
He-C
4003.06 Application Processing.
(a) An application shall not be considered
complete until all of the information requested in He-C 4003.05 and the
attachments specified in this section are received, including any signatures
required.
(b) A complete application for a YRC license
shall include the following:
(1) The
information required in He-C 4003.05(a), signed as specified in He-C
4003.05(g);
(2) Any additional
required information as specified in He-C 4003.05(b)(1), (2) and (d)-(f);
(3) A completed
checklist as specified in He-C 4003.05(b)(3), signed as specified in He-C
4003.05(g);
(4) Certification that the YRC owner has verified
that the director meets the requirements specified in He-C 4003.11; and
(5) The fee required by
RSA 170-E:56, I, payable to “Treasurer State of NH.”
(b) Upon receipt of an application, the unit
shall review the application to determine whether the application is complete.
(c) Except as provided in (f), below, if the
application is not complete the unit shall notify the applicant in writing of
what is required to complete the application.
(d) Upon notifying an applicant that the
application is not complete, the unit shall suspend further processing of the
application pending receipt of the information missing from the application.
(e)
The computation of time for processing an application as specified in
RSA 541-A:29 shall not begin until a complete application is received by the
unit.
(f)
The unit shall notify the applicant by telephone in lieu of providing a
written notice pursuant to (c), above, if:
(1) The anticipated time required of the
applicant to supply the missing information is less than the anticipated time required
of the unit to notify the applicant in writing; and
(2) The unit is able to contact the applicant by
telephone.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
New. #13073, eff 7-23-20
He-C 4003.07 Approval Criteria.
(a)
The unit shall approve a YRC license application for a
previously-licensed YRC if:
(1) The
applicant submitted a complete application;
(2) The
owner or operator is not on the central registry for abuse and neglect and the
criminal record history for the owner and operator, if applicable, does not
include any criminal conviction for any offense involving:
a. Causing or threatening
direct physical injury to any individual;
b. Causing or threatening
harm of any nature to any child or children; or
c. Unlawfully taking property of another, whether through
force or threat of force or through deception;
(3) The information supplied by the applicant shows
that the YRC:
a. Is in compliance with applicable standards
specified in He-C 4003.03 through He-C 4003.41, or will be in compliance prior
to campers arriving at the YRC; or
b. Is being granted a waiver of the requirement
pursuant to He-C 4003.42;
(4) The test results show that the water meets
applicable drinking water standards for bacteria and, if applicable, nitrates, as
specified in Env-Dw 700, if the YRC is required to submit water test results
pursuant to He-C 4003.05(d) or (e);
(5) The YRC’s New Hampshire license has not been
suspended or revoked or, if the license has been suspended or revoked, the
condition(s) which resulted in the reason(s) for the suspension or revocation
have been corrected or will be addressed as specified in (a)(3), above; and
(6) The YRC has no outstanding deficiencies
identified during an inspection conducted in accordance with this part.
(b)
The unit shall approve a YRC license application for a YRC that has not
previously been licensed under these rules if:
(1) The
criteria specified in (a)(1)-(4) above, are met; and
(2) The YRC passes a pre-season inspection in
compliance with He-C 4003.15-4003.41, conducted by the unit.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.08 Issuance of YRC License.
(a)
If the application is approved, the unit shall issue a YRC license to
the applicant that contains the following information:
(1) The YRC license number as assigned by the unit;
(2) The name of the YRC owner;
(3) Citations to department statutes and rules
that apply to the YRC’s operation;
(4) The name of the YRC;
(5) The location of the YRC by street and
municipality;
(6) The date the department issued the license;
(7) A statement that the license expires at the
end of the calendar year of issuance; and
(8) The signature of the department’s chief legal
officer, or designee.
(b)
The YRC owner or operator shall post the YRC license in a prominent
place where it is visible to interested parties, such as state and local
officials and parents or legal guardians of campers, such as the central YRC
office or where official camp notices are posted.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.09 Inspection of YRC Facilities.
(a)
As specified in He-C 4003.07(b)(2), unit staff shall inspect a YRC that
has not previously been licensed in New Hampshire prior to the YRC receiving a
license.
(b)
Unit staff shall inspect each licensed YRC, while the YRC is in
operation, to determine compliance with He-C 4003.11 through He-C 4003.42.
(c)
The unit shall issue a written inspection report to the YRC owner or
operator and director,
which summarizes the inspection and identifies as a deficiency any condition that
does not meet the applicable operating standard specified in He-C 4003.11 through
He-C 4003.42, subject to the following:
(1) If the YRC has received a waiver to an
operating standard, such standard shall not be identified as a deficiency; and
(2) If the YRC was inspected prior to the arrival
of campers and the YRC identified the standard as “PENDING” pursuant to He-C
4003.05(b)(3)b., such standard shall not be identified as a deficiency
if the YRC explains at the time of the inspection how the condition will be
brought into compliance prior to the arrival of campers.
(d)
If the inspection report issued pursuant to (c) above identifies one or
more deficiencies, the YRC owner or operator shall submit proof of compliance
with the applicable standard(s) to the unit when compliance has been
achieved. Proof of compliance shall
comprise of photographs, invoices, or such other documentation as is
appropriate to demonstrate compliance with the particular standard(s) at issue.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.10 Suspension or
Revocation of YRC License.
(a)
Upon determining that conditions exist at a YRC that could adversely
affect the health or safety of the campers or YRC staff, the unit shall
initiate an action to suspend or revoke the YRC license in accordance with RSA
541-A:30, RSA 541-A:31, and the provisions of He-C 200 applicable to
adjudicative proceedings.
(b)
After a proceeding initiated pursuant to (a), above, the unit shall
suspend the YRC license if the conditions:
(1) Have adversely affected the health and safety
of the campers or YRC staff or will adversely affect the health and
safety of the campers or YRC staff if left uncorrected;
(2) Resulted from accident or benign neglect;
and
(3) Can and will be corrected prior to further
endangering the health and safety of the campers or YRC staff.
(c)
After a proceeding initiated pursuant to (a), above, the unit shall
revoke the YRC license if the conditions have adversely affected the health and
safety of the campers or YRC staff or will adversely affect the health and
safety of the campers or camp staff if left uncorrected, and:
(1) Were created knowingly or with reckless
disregard for camper or YRC staff health and safety; or
(2) Cannot be
corrected prior to further endangering the health and safety of the campers or
YRC staff.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.11 Directors.
(a)
Each YRC shall have a director who is at least 21 years of age.
(b) The director of a residence camp
shall have at least 2 seasons of previous administrative or supervisory
experience in residential youth recreation camping.
(c)
The director of a day camp shall have at least 2 seasons of previous
administrative or supervisory experience in youth recreation camping, youth
education and development, or other youth recreation programs.
(d)
No individual shall be a director who has a criminal conviction for any
offense involving:
(1) Causing or threatening direct physical
injury to any individual;
(2) Causing or threatening harm of any nature to
any child or children; or
(3) Unlawfully taking property of another,
whether through force or threat of force or through deception.
(e)
No individual shall be a director who is listed on the central registry
of founded reports of abuse and neglect.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.12 Counselors, Counselors-In-Training, and
Junior Counselors.
(a)
At least 80 percent of all counselors at a residence camp shall be 18
years of age or older.
(b)
At least 80 percent of all counselors at a day camp shall:
(1) Be 16 years of age or older; and
(2) Be at least 2 years older than the campers with whom
they are working.
(c)
Each counselor, CIT, and JC shall attend a comprehensive training
program provided by or through the YRC before commencing any activities with
campers.
(d)
No individual shall be a counselor, CIT, or JC who has any criminal
conviction for any offense involving:
(1) Causing or threatening direct physical injury
to any individual;
(2) Causing or threatening harm of any nature to
any child or children; or
(3) Unlawfully taking property of another,
whether through force or threat of force or through deception.
(e) No individual shall be a counselor, CIT, or
JC who is listed on the central registry of founded reports of abuse and
neglect.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.13 Other YRC Staff.
(a)
A YRC shall not employ or otherwise engage as health care staff, kitchen
staff, maintenance staff, special recreation staff, activity leader,
instructor, volunteer, contractor, or otherwise, any individual who has a criminal
conviction for any offense involving:
(1) Causing or threatening direct physical injury
to any individual;
(2) Causing or threatening harm of any nature to
any child or children; or
(3) Unlawfully taking property of another,
whether through force or threat of force or through deception.
(b)
A YRC shall not employ or otherwise engage as health care staff, kitchen
staff, maintenance staff, special recreation staff, activity leader,
instructor, volunteer, contractor, or otherwise, any individual who is listed
on the central registry of founded reports of abuse and neglect.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.14 Verification of Staff Qualifications.
(a)
The YRC owner or operator shall verify that the director meets the
qualifications specified in He-C 4003.11.
(b)
Subject to (c) through (f), below, the YRC owner, operator, or director
shall require all YRC staff, as defined in He-C 4003.03(aj), to:
(1) Authorize or submit the results of a criminal
background check in each state where the YRC staff member has lived, which may
be done through a national database if the database includes all such states;
(2) For each staff who has resided in New
Hampshire for the past 7 years, complete and submit a notarized Form 2202A
“DCYF Central Registry Name Search Authorization Release of Information to
Third Party" (April 2014) certifying that:
“I acknowledge that the results of this search can only be released to
myself or a Child-Placing Agency pursuant to
NH RSA 170-E, the Department of Health and Human Services pursuant to RSA
170-G:8-c, or another state’s Child Welfare Agency or Private Adoption Agency
pursuant to NH RSA 169-C:35. I understand and authorize the results of this
search to be provided to the person/agency listed below if in compliance with
the aforementioned laws. Any entity listed below that is not governed under
these laws will not be sent the results”; and
(3) Provide references and a listing of all
previous employment and volunteer positions.
(c)
Prior to employment, the YRC owner or operator shall conduct a check of
the national sex offender public registry for all staff or, if the YRC staff
has lived in a state that does not participate in the national registry, a
check of the sex offender public registry of each state in which the individual
has resided.
(d)
Any counselor, CIT, or JC who is younger than 18 years old who will be
left alone with a child or children, in lieu of the background check
requirements specified in (b)(1) above, the individual shall provide at least 2
references to the YRC operator.
(e) One reference shall be from a non-relative,
and attest to:
(1) His or her knowledge of the minor’s
character;
(2) Whether the
minor has caused or threatened to cause direct physical injury to any other
individual, or harm of any nature, to any child or children; and
(3) His or her opinion on whether the minor is a
good candidate to work directly with campers.
(f)
The background check required to obtain a VISA
for a counselor, CIT, or JC who enters the United States under the auspices of the International
Camp Counselor Program (ICCP), Camp America, British University North America
Club (BUNAC), Camp Leaders, or Camp Counselors USA (CC USA) shall meet the
requirements of (b) above.
(g)
The YRC shall accept the background check required for licensure for any
licensed health professional who holds a current license as proof of compliance
with (b)(1) above. If the background
check required for an applicant who is a licensed health professional does not
include a check of the national sex offender public registry then the owner or
designee shall check the person’s name against the national sex offender public
registry prior to employing the applicant.
(h)
For any YRC that is a certified provider under RSA 170-G:4, XVIII, the
background check required for such certification may be used to satisfy the
requirement of (b)(1) above.
(i)
The YRC owner, operator, or director, shall:
(1) Review the results of the background checks
and certifications;
(2) Review the submitted references and previous
employment and volunteer information and check a sufficient number to become
satisfied as to the individual’s suitability to work at the YRC; and
(3) Conduct a personal interview with each
individual hired or otherwise engaged as YRC staff.
(j)
The YRC shall offer conditional employment to any applicant, pending the
receipt of notice regarding the check of the New Hampshire central registry for
child abuse and neglect, provided the applicant has passed all other required
background checks specified in He-C 4003.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.15 Sleeping Areas; Privacy Areas.
(a)
For purposes of this section, the following definitions shall apply:
(1) “Privacy area” means a designated private or
semi-private area at a camp, such as a room or other space that has permanent
or temporary side walls, in which campers or YRC staff are expected to undress
or change clothes. The term includes
sleeping areas and changing areas associated with showers or other bathing
facilities, or with swimming, boating, or other athletic facilities;
(2) “Session” means a period of time established
by the camp owner for which a camper is enrolled at a camp;
(3) “Sleeping area” means a tent, cabin, room, or
other designated private or semi-private area at a residence camp in which a
person is intended to sleep; and
(4) “Special needs
camper” means a camper who, for any physical, psychological, or developmental
reason, has one or more counselors assigned to work specifically with him or
her.
(b)
The YRC owner or designee shall develop a written policy to address
transgender and gender non-conforming campers and staff, which may be as
general or as specific as the YRC owner wants it to be.
(c)
Subject to (d), below, no member of the YRC staff, including the
director, counselors, activity leaders, instructors, health care providers,
office personnel, managers, kitchen staff, and maintenance staff, shall enter a
privacy area unless:
(1) The privacy area is a sleeping area to which the YRC staff member is
assigned;
(2) Such entry is necessary to protect the health and safety of the
occupants, such as in the case of a fire or a situation requiring urgent
medical attention; or
(3) The YRC staff member first announces his or her intent to enter and proceeds only after the occupants give
audible approval.
(d) The provisions of (c), above,
shall not apply to a camp attended by special needs campers if:
(1) The YRC staff member enters the privacy area at the
same time as the campers in order to assist a special needs camper;
(2) The other campers are aware of the YRC staff
member’s presence and have the opportunity to wait until the YRC staff member departs to
disrobe or are otherwise provided privacy in which to disrobe; and
(3) The camp has a written policy in place to
ensure the safety of the campers in such situations and specifically covers the policy in the
training provided pursuant to He-C 4003.12(c).
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.16 Camp Facilities.
(a)
All camp facilities and grounds shall be maintained in good repair to
ensure safe and sanitary conditions.
(b)
Ventilation in camp facilities shall provide a movement of air to assure
the comfort and protection of the occupants.
(c)
Doors, windows, and other outer openings of camp facilities used for
food storage, preparation, or consumption shall be equipped with screens with a
mesh having at least 18 strands by 16 strands per square inch in all but the
following circumstances:
(1) First floor windows if designated for use as emergency
egress;
(2) Doors which are opened for normal or
emergency ingress or egress; and
(3) Any other time when such openings are ajar
for a specific purpose at such times of the day or seasons of the year so as
not to allow insects into the affected room(s).
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.17 Vehicles. Any vehicle used to transport campers shall
meet the applicable safety and operator requirements established by the New
Hampshire department of safety.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.18 Sleeping Quarters.
(a)
Each permanent building in which individuals sleep shall demonstrate
compliance with applicable provisions of the state life safety code through an
inspection undertaken pursuant to He-C 4003.28.
(b)
Sleeping quarters in buildings shall meet the following criteria:
(1) Sleeping units shall be arranged to provide a
minimum floor area ratio of 40 square feet per single bunk and 60 square feet
per double bunk;
(2) Suitable protection shall be provided against
insects;
(3) A distance of at least 6 feet shall be
provided between the heads of sleepers; and
(4) A distance of at least 30 inches shall be
provided between the sides of 2 adjacent beds.
(c) The
number of campers in a tent shall not exceed the manufacturer’s rating for the
tent.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.19 Assembly Areas. Assembly areas shall comply with applicable
provisions of the state life safety code.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.20 Drinking Water and Plumbing.
(a)
Water used at the YRC for drinking, food preparation, and cleanup shall
comply with the drinking water standards for bacteria and nitrates specified in
Env-Dw 700.
(b)
No cross-connection shall exist between approved and unapproved sources
of water supply. Fixtures shall be
constructed as to involve no interconnections and no hazard of back-siphonage, as specified in
Env-Dw 505.
(c)
All plumbing , including drinking water fountains, shall conform to the
applicable requirements of the state building code as established in RSA 155-A.
(d)
If the YRC does not receive drinking water
from a PWS, the YRC’s source of drinking water shall be:
(1) Located to avoid contamination from buildings
or wastewater disposal, if a surface water source; or
(2) Constructed in accordance with the standards for drinking
water wells established by the New Hampshire water well board in We 100-1000.
(e)
Drinking water shall not be obtained from a source by dipping or drawing
by a bucket.
(f)
The distance between the YRC water supply and sanitary waste disposal
shall meet the criteria set forth in Env-Wq 1000 unless the commissioner of the
department of environmental services grants a waiver pursuant to Env-Wq 1001.03.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New.
#13073, eff 7-23-20
He-C 4003.21 Water Testing and Treatment.
(a)
A YRC served by a PWS shall not be required to undertake separate
testing under this chapter unless the PWS is in violation of its monitoring
schedule for bacteria or nitrate, or both, established pursuant to Env-Dw 708
at the time the YRC application is submitted to the unit.
(b)
If the PWS is in violation of its bacteria or nitrate monitoring schedule,
the YRC shall have its drinking water analyzed for the contaminant for which
the PWS is in violation within 7 days of being notified by the unit.
(c)
A YRC that is not served by a PWS shall have its drinking water analyzed
for bacteria and nitrates within 30 days prior to the opening date of the YRC
season.
(d)
The analyses required by (b) or (c), above, shall be conducted by a
laboratory accredited for drinking water bacteria and nitrate analyses by the
department of environmental services pursuant to Env-C 300.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.22 Natural Waters and Beaches.
(a)
Natural waters used for swimming shall meet or exceed Class B criteria
as specified in RSA 485-A:8 and Env-Wq 1700.
(b)
A beach that is part of the YRC property shall meet the following health
criteria:
(1) The shore shall be free of litter;
(2) Domestic animals shall be prohibited from the
beach and swimming area; and
(3) Detergents, personal bathing, and vehicle
washing shall be prohibited in the water.
(c)
Beach structures shall meet the following criteria:
(1) Diving boards shall:
a. Be firmly affixed to a dock or float; and
b. Have a top surface that is slip-resistant;
and
(2) Docks, floats, and platforms shall be
maintained in good repair so that they are free of splinters, cracks, sharp
edges, or protruding hardware.
(d)
Safety systems and procedures for use of the beach shall be as follows:
(1) A first-aid kit shall be available at the
beach, equipped with such items as lifeguard staff deem necessary to address
emergency situations that are likely to occur at the waterfront;
(2) All water activities shall be permitted only
under the supervision of an American Red Cross certified lifeguard or another
individual certified in an equivalent national recognized course having
standards no less stringent than the life guard course offered by the American
Red Cross;
(3) There shall be one certified lifeguard for
every 25 campers participating in water activities;
(4) There shall be at least one YRC staff member or lifeguard for each 10 campers
participating in water activities;
(5) There shall be a safety accounting system in
place for supervising and checking campers participating in water activities;
(6) A check of campers participating in water
activities shall be made at least every 15 minutes and referenced against the
safety accounting system during non-instructional time;
(7) There shall be
supervised entrances and exits and a lifeguard station providing an
unobstructed view of the swimming area; and
(8) The YRC shall
have a lost-swimmer plan detailing procedures to follow in an emergency.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.23 Swimming Pools.
(a)
A swimming pool that is part of a YRC shall meet the criteria specified
in Env-Wq 1100 for public swimming pools.
(b)
Safety systems and procedures for use of each pool shall be as follows:
(1) A first-aid kit shall be available at the
pool, equipped with such items as lifeguard staff deem necessary to address
emergency situations that are likely to occur at the pool;
(2) All water activities shall be permitted only
under the supervision of an American Red Cross certified lifeguard or another
individual certified in an equivalent national recognized course having
standards no less stringent than the life guard course offered by the American
Red Cross;
(3) There shall be one certified lifeguard for
every 25 campers participating in water activities;
(4) There shall be at least one YRC staff member or lifeguard for each 10 campers
participating in water activities;
(5) There shall be
a safety accounting system in place for supervising and checking campers
participating in water activities;
(6) A check of campers participating in water
activities shall be made at least every 15 minutes and referenced against the
safety accounting system during non-instructional time;
(7) There shall be
supervised entrances and exits and a lifeguard station providing an
unobstructed view of the swimming area; and
(8) The YRC shall have a lost-swimmer plan
detailing procedures to follow in an emergency.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.24 Toilet Facilities.
(a)
Toilet facilities shall:
(1) Include one toilet for every 10 campers in a
resident camp;
(2) Include one toilet for every 30 campers in a
day camp;
(3) Be located, constructed, and maintained to
ensure safe and sanitary conditions; and
(4) Contain at least one toilet for each gender
with a door or curtain for privacy.
(b)
Urinals may be substituted for up to 1/3 of the toilets in toilet
facilities for males.
(c)
Floors and walls in toilet facilities shall be sealed with polyurethane
or paint up to a height of not less than 48 inches.
(d)
Badly worn or chipped toilet seats shall be repaired or replaced.
(e)
All toilet facilities shall be supplied with toilet paper at all times.
(f)
A sink for hand washing with soap and single use towels shall be
available within or immediately outside the toilet facility.
(g)
Privies shall meet the following conditions:
(1) The privy shall be constructed in accordance
with Env-Wq 1022.01;
(2) Privies shall be located:
a. At least 100 feet from any place where food
is prepared or served;
b. At least 75 feet from any surface water; and
c. At least 200 feet up-gradient of any well or
spring;
(3) Privy contents shall be:
a. Removed as often as necessary to prevent the
pit from being filled to within one foot of the top of the pit; and
b. Disposed of in accordance with Env-Wq 1600.
(4) The contents of the pit shall be covered
daily with lime or other suitable agent to eliminate insects and odors;
(5) The materials for liming and disinfection
shall be kept in proximity to the privy so as to be readily available for use;
(6) The privy and the pit shall be made fly-tight
and provided with self-closing lids; and
(7) Clean and sanitary conditions shall be
maintained at all times.
(h)
Chemical toilets shall be maintained and pumped by a septage hauler
licensed by the department of environmental services in accordance with Env-Wq
1600.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.25 Sewage Disposal Facilities. All on-site septic systems shall be designed,
constructed, and maintained in accordance with Env-Wq 1000.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.26 Garbage and Waste Disposal; Toxic Chemical
Storage.
(a)
Garbage and refuse shall be disposed of in durable, easily cleanable,
insect-proof, and rodent-proof containers that do not leak and do not absorb
liquids. Plastic bags or wet-strength
paper bags shall
be used to line such containers when maintained inside the areas used
for food storage, preparation, or consumption.
(b)
Garbage
and refuse containers stored outdoors and dumpsters, compactors, and
compactor systems shall be:
(1) Easily cleanable;
(2) Provided with tight fitting lids, doors, or
covers; and
(3) Kept covered when not in actual use.
(c)
For any container equipped with a drain, the drain plug shall be in
place at all times, except during cleaning.
(d)
Cleaning materials, flammable materials, and toxic materials shall be:
(1) Stored in properly labeled and safe
containers;
(2) Stored in an area separate from food; and
(3) Used only by or under the supervision and
direction of YRC staff.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.27 Notification to Emergency Responders.
(a)
Subject to (d), below, the YRC owner or designee shall notify the local
police, fire, and rescue departments regarding their operating dates in
accordance with the following:
(1) Annually for year-round camps; and
(2) Immediately prior to opening for seasonal
camps.
(b)
The notification required by (a), above, shall:
(1) Be in writing;
(2) Include the opening and closing dates for
seasonal camps; and
(3) Be delivered in hand or sent via private
delivery service, U.S. Postal Service, or email.
(c)
The YRC owner, or designee, shall:
(1) Retain a paper copy of the notification; and
(2) Provide it upon request to unit personnel.
(d)
For any YRC located within an area that is served by full-time,
non-volunteer emergency response personnel even when the YRC is not in
operation, notice as specified in (a) above shall be required only if requested
by the local emergency response agencies.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.28 Fire Safety Inspections and Compliance.
(a)
The YRC owner, or designee, shall contact local fire officials to
schedule such periodic fire safety inspections as are required by local
ordinances or the state fire code.
(b)
The YRC owner shall make the results of the inspection available to the
department upon request.
(c)
If the results of the inspection conducted by local fire officials show
that the YRC did not pass the inspection, the YRC owner or designee shall
provide a copy of the follow-up inspection report to the department within 10
days of receiving it.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.29 Storage, Handling, and Preparation of
Food; Food Service; Kitchens. The
sanitary storage, handling, and protection of all food supplies, including
refrigeration of perishable products and food preparation, as well as kitchen
maintenance and dishwashing, shall comply with rules of the department of
health and human services, division of public health services identified as
He-P 2303.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.30 Required Health Care Staffing: Day Camps.
(a)
A day camp that is not operated for campers who are physically or
mentally disabled shall have, whenever campers are present at the camp, the
following on-site medical staff:
(1) A YRC staff member who is certified in
age-appropriate first aid/CPR/AED; and
(2) If the nearest emergency medical services are
greater than 20 minutes from the camp by automobile, a YRC staff member who is:
a. Certified as an emergency medical technician
(EMT);
b. Certified in wilderness and remote first aid;
c. Certified as an emergency medical responder;
or
d. A licensed health care practitioner or
physician.
(b)
A day camp that is operated for campers who are physically or mentally
disabled shall have, whenever campers are present at the camp, the following
on-site medical staff:
(1) A licensed health care practitioner or a
physician licensed to practice in New Hampshire;
(2) A YRC staff
member who is certified in age-appropriate first aid/CPR/AED; and
(3) A YRC staff member who is:
a. Certified as an EMT;
b. Certified in wilderness and remote first aid;
or
c. Certified as an emergency medical responder.
(c)
The YRC
staff member who is certified in first aid/CPR/AED and the YRC staff member who
qualifies under (a)(2) or (b)(1) or (3) may be the same individual.
(d)
The YRC
staff member certified in first aid/CPR/AED whose training is used to
meet the requirements of (a)(1) or (b)(2) above shall have been certified or
had such certification renewed within 24 months of the opening of the YRC for
the season.
(e)
The YRC
staff member who qualifies under (a)(2) or (b)(3) above shall have been
certified or had such certification renewed within 3 years of the opening of
the YRC for the season.
(f)
If a New Hampshire-licensed PA is used to satisfy the requirements of
(b)(1)above, the PA shall provide a copy of the written agreement with the PA’s
supervising New Hampshire-licensed physician to the YRC.
(g)
Each health staff member shall post a copy of his or her New Hampshire
license(s) in a conspicuous location in the camp office or infirmary. For health care practitioners licensed in New
Hampshire, a copy of the license verification as obtained through the New
Hampshire board of nursing’s on-line license verification system may be
substituted for a copy of the license.
(h)
The YRC owner shall ensure that all health staff comply with Lab
1403.08, regarding reducing the risk of exposure to blood-borne pathogens.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.31 Required Health Care Equipment: Day Camps.
(a)
A day
camp shall have either:
(1) A first aid cabinet as
specified in He-C 4003.35(a)(1); or
(2) At least one first
aid kit containing such items as health staff deem necessary to address health issues likely to arise at the
YRC.
(b)
Excluding epinephrine auto-injectors or asthma inhalers possessed pursuant
to RSA 170-E:59 through RSA 170-E:64, all medications or prescription drugs
shall be kept in a container that is:
(1) Inaccessible to campers and unauthorized YRC
staff;
(2) Stored in a secondary container separate from
food if in a refrigerator; and
(3) Labeled with the camper’s name to ensure
identification of the medication.
(d)
All medications belonging to YRC staff shall be stored separately from
the campers’ medications in a container or area that is inaccessible to
unauthorized individuals.
(e)
The YRC shall comply with Env-Sw 904 relative to storage and disposal of
infectious waste, including sharps.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20
New. #13073, eff 7-23-20
He-C 4003.32 Required Health Care Staffing: Residence
Camps.
(a)
A residence camp that is not operated for campers who are physically or
mentally disabled where the total number of campers and YRC staff is 75 or
fewer shall have, whenever campers are present at the camp, the following
on-site medical staff:
(1) A YRC staff member who is certified in
age-appropriate first aid/CPR/AED; and
(2) A YRC staff member who is:
a. Certified as an emergency medical technician
(EMT);
b. Certified in wilderness and remote first aid;
c. Certified as an emergency medical responder;
or
d. A licensed health care practitioner or
physician.
(b)
A residence camp that is not operated for campers who are physically or
mentally disabled where the total number of campers and YRC staff is at any time greater than
75 shall have, whenever campers are present at the camp, the following on-site
medical staff:
(1) A licensed health care practitioner or a
physician licensed to practice in New Hampshire;
(2) A YRC staff member who is certified in
age-appropriate first aid/CPR/AED; and
(3) If the nearest emergency medical services are
greater than 20 minutes from the camp by automobile, a YRC staff member who is:
a. Certified as an EMT;
b. Certified in wilderness and remote first aid;
or
c. Certified as an emergency medical responder.
(c)
A residence camp that is operated for campers who are physically or
mentally disabled shall have, whenever campers are present at the camp, the
following on-site medical staff:
(1) A licensed health care practitioner or a
physician licensed to practice in New Hampshire;
(2) A YRC staff member who is certified in
age-appropriate first aid/CPR/AED; and
(3) A YRC staff member who is:
a. Certified as an emergency medical technician
(EMT);
b. Certified in wilderness and remote first aid;
or
c. Certified as an emergency medical responder.
(d)
The YRC
staff member who is certified in first aid/CPR/AED and the YRC staff member who
qualifies under (a)(2), (b)(1) or (3), or (c)(1) or (3), above, may be the same
individual.
(e)
The YRC
staff member certified in first aid/CPR/AED whose training is used to
meet the requirements of (a)(1), (b)(2), or (c)(2), above, shall have been
certified or had such certification renewed within 24 months of the opening of
the YRC for the season.
(f)
The YRC
staff member who qualifies under (a)(2), (b)(3), or (c)(3), above, shall have
been certified or had such certification renewed within 3 years of the opening
of the YRC for the season.
(g)
If a New Hampshire-licensed PA is used to satisfy the requirements of
(a)(2), (b)(1), or (c)(1), above, the PA shall provide a copy of the written
agreement with the PA’s supervising New Hampshire-licensed physician to the
YRC.
(h)
Each health staff member shall post his or her New Hampshire license(s)
in a conspicuous location in the camp office or infirmary. For health care practitioners licensed in New
Hampshire, a copy of the license verification as obtained through the New
Hampshire board of nursing’s on-line license verification system may be
substituted for a copy of the license.
(i)
The YRC owner shall ensure that all health staff comply with Lab
1403.08, regarding reducing the risk of exposure to blood-borne pathogens.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.33 Medical Supervision at Residence Camps.
(a)
All residence camps shall provide by contract for 24-hours per day,
7-days per week on-call medical service and supervision of all first aid and health
services in the YRC by:
(1) A physician or APRN licensed to practice in
New Hampshire; or
(2) A hospital emergency service.
(b)
If a physician or APRN licensed to practice in New Hampshire and having
at least one of the certifications listed in He-C 4003.30(a) or (b)(1)-(3) is
in residence at and employed by a YRC, the requirements of (a) above shall be deemed
to have been met.
(c)
The
physician or APRN under contract pursuant to (a) or (b) above shall issue
written instructions, signed by the physician or APRN, to the individual
responsible for providing first aid, to be followed in the absence of the physician
or APRN.
(d)
The
YRC owner or director shall post the instructions prepared pursuant
to (c),
above,
in a conspicuous place in the infirmary.
(e)
The
YRC owner shall provide a telephone or other means of emergency
communication in the YRC, or ensure that such communication is available within
10 minutes travel time from the YRC.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.34 Required Health Care Equipment and
Facilities: Residence Camps.
(a)
If the YRC is a residence camp, the director shall maintain the following
first aid related items at the YRC at all times:
(1) A first aid cabinet, which shall be:
a. Kept fully equipped at all times with such
items as health staff deem necessary to address health issues likely to arise
at the YRC; and
b. If containing prescription or
non-prescription medications, locked when not in use; and
(2) A backboard with head blocks and straps and
proper immobilization equipment, such as straps, cervical collar, or blankets.
(b)
Camp
facilities shall include any needed isolation facilities.
(c)
Where the YRC provides an infirmary building or room, such quarters shall:
(1) Be isolated from the regular living and
sleeping quarters to insure both quiet to the patient and safety to others; and
(2) Not be used for any other purposes.
(d)
Excluding epinephrine auto-injectors or asthma inhalers possessed
pursuant to RSA 170-E:59 through RSA 170-E:64, all prescription and
non-prescription medications shall be kept in a locked container that is:
(1) Inaccessible to campers and unauthorized YRC
staff;
(2) Stored in a secondary container separate from
food if in a refrigerator; and
(3) Labeled with the camper’s name.
(e)
All medications belonging to YRC staff shall be stored separately from
the campers’ medications in a container or area that is inaccessible to
unauthorized individuals.
(f)
The YRC shall comply with Env-Sw 904 relative to storage and disposal of
infectious waste, including sharps.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.35 Required Health Care Staffing: Off-Site
Trips.
(a) YRC staff supervising any off-site
trip with campers shall carry a first aid kit equipped with such items as the
YRC health staff deems necessary to address emergency situations that might
occur.
(b)
At least one YRC staff member on an off-site trip with campers
shall be certified in:
(1) First aid/CPR/AED; or
(2) Wilderness and remote first aid.
(c)
Subject to (d), below, on any off-site trip with campers involving
boating or swimming, at least one YRC staff member shall be:
(1) Certified as a lifeguard by the American Red
Cross; or
(2) Certified in an equivalent
nationally-recognized course based on standards that are no less stringent than
the lifeguard course offered by the American Red Cross.
(d)
Having a YRC staff member be a certified lifeguard shall not be required if a
certified lifeguard engaged by the owner or operator of the boating or swimming
site or facility is on duty at the site or facility when the campers are
boating or swimming, as applicable.
(e)
Drinking water obtained during the trip from a source other than a
public water system shall be considered as unsafe unless:
(1) Disinfected by adding chlorine or iodine;
(2) Filtered by the use of a drinking water
filtration device intended to remove microorganisms; or
(3) Disinfected by achieving a rolling boil for
one minute.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.36 Communicable Diseases Isolation and
Reporting.
(a)
As required by He-P 301.03, any case or suspected case of a reportable
disease, as listed in He-P 301.02, shall be reported by:
(1) The physician or licensed health care
practitioner who assessed, diagnosed, or treated the individual believed to
have or suspected of having a reportable disease; or
(2) When no physician or licensed health care
practitioner is present, the director.
(b)
The report identified in (a), above, shall include all of the
information required by He-P 301.03, including the name and home address of the
individual known to have or suspected of having the reportable disease.
(c)
An individual with a communicable disease shall be placed in isolation
and not leave or be removed from strict isolation without permission of the YRC
health staff.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.37 Reporting of Other Illnesses. When an outbreak of suspected food poisoning
or other unusual prevalence of any illness occurs in which headache, muscle
stiffness, general malaise, fever, diarrhea, sore throat, vomiting, or jaundice
is a prominent symptom, the health staff or director shall immediately report
the existence of such an outbreak or disease as required by He-P 300.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.38 Required Health Information.
(a)
Each camper shall provide a health history and statement of health
status to the director prior to entering the YRC. As specified in RSA 170-E:58, the examination
on which the statement of health status is based may be conducted by a
physician, licensed advanced registered nurse practitioner, or PA.
(b)
The health history and statement of health status required by (a),
above, shall include the following:
(1) A certification that the physical examination
was completed within 2 years prior to YRC entrance;
(2) A description of any camp activities from
which the camper is exempt from for health reasons;
(3) Unless exempted in accordance with RSA
141-C:20-c, documentation of immunization as specified in He-P 301.14.
(4) A list of all known or suspected allergies;
(5) If the YRC will provide food, identification
of all dietary restrictions and any food allergies not listed under (4), above;
(6) A list of all prescribed or over-the-counter
medications being taken by the camper; and
(7) To the extent not covered by (2) - (6) above,
a description of any current physical, mental, or psychological conditions that
require medication, treatment, or special restrictions or considerations while
at the YRC.
(c)
The YRC owner shall retain all documentation required by (b) above for 2
years, which shall be made available to the department upon request.
(d)
The YRC owner or director shall:
(1) Develop a written policy to establish what
health information is required for YRC staff; and
(2) Provide a copy of the policy to any parent or
legal guardian of a camper or prospective camper upon request.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.39 Administration of Medication.
(a)
The availability, use, and possession of epinephrine auto-injectors and
asthma inhalers shall be as specified in RSA 170-E:59 through RSA 170-E:64.
(b)
Prescription medications other than those listed in (a), above, and
non-prescription medications other than topical substances shall be
administered to campers only by authorized staff and only in accordance with
the applicable medication order.
(c)
If a camper’s parent or legal guardian provides written permission, YRC
staff who have not been trained as specified in He-C 4003.40(a) may administer
non-prescription topical substances to the camper.
(d)
Authorized staff shall administer only those prescription medications
for which there is a prescription label or written directions provided by a
physician or APRN who is legally authorized to write the prescription, and
written permission from the camper’s parent or legal guardian.
(e)
Medication orders shall be valid for no more than one year.
(f)
Each medication order shall legibly display the following information:
(1) The camper’s name;
(2) The name, strength, prescribed dose, and
method of administration of the medication;
(3) The frequency of administration of the
medication, or if the medication is to be used on an as-needed basis (PRN), the
information specified in (g), below; and
(4) The dated
signature of the camper’s parent or legal guardian or a licensed health care
practitioner for orders other than as shown on the prescription label.
(g)
A medication order from a parent or legal guardian or a licensed health
care practitioner regarding any medication to be administered as needed (PRN)
shall include:
(1) The indications and any special precautions
or limitations regarding administration of the medication;
(2) The maximum dosage allowed in a 24-hour
period;
(3) The dated
signature of the parent or legal guardian for topical substances and
non-prescription medication; and
(4) For orders other than as shown on the
prescription label, the dated signature of the licensed health care
practitioner for prescription medication.
(h)
A written order regarding prescription medication shall not be changed
except by a physician or a licensed health care practitioner having legal
authority to prescribe.
(i)
All prescription medications, including physician medication samples, shall:
(1) Bear a label that legibly displays the
information described in (f)(1)-(3), above; and
(2) Be stored, dispensed, and administered in
accordance with:
a. RSA 318 and requirements adopted pursuant
thereto by the New Hampshire board of pharmacy; and
b. RSA 326-B and requirements adopted pursuant
thereto by the New Hampshire board of nursing.
(j)
All non-prescription medication and topical substances shall be kept in
the original containers and properly closed after each use.
(k)
The YRC may provide age-appropriate non-prescription topical substances,
such as sunscreen, insect repellent, and over-the-counter anti-itch or
anti-bacterial creams or ointments, and common non-prescription medications
such as over-the-counter pain relievers and gastro-intestinal calming agents to
a camper with the written permission of the camper’s parent or legal guardian.
(l)
Any items provided pursuant to (k), above, shall be stored and
administered as specified on the product label and in this section.
(m)
The director shall return any remaining medication and topical
substances provided by a camper’s parent or legal guardian to the parent or
legal guardian when the camper departs the YRC.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.40 Training for YRC Staff.
(a) Prior to administering
prescription or non-prescription medication to any camper, YRC staff shall:
(1) Complete and document training on medication
safety and administration delivered by a physician, an APRN, an RN, or an LPN
practicing under the direction of an APRN, RN, or physician; or
(2) Successfully
complete a nationally-recognized course on medication safety and administration
having standards that are no less stringent than the Academy of Pediatrics
on-line course, Medicine Administration in Early Education and Child Care.
(b)
Health staff shall complete training in medication safety and administration
every 3 years.
(c)
The YRC owner shall:
(1) Maintain all documentation of training in
medication safety and administration on file; and
(2) Make such documentation available for review
by state or local health officials upon request.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.41 Recordkeeping and Reporting.
(a)
For each camper receiving medication, YRC health staff shall maintain
the following information on file:
(1) For each medication prescribed for a camper,
the written medication order as specified in He-C 4003.39 and any special
considerations for administration of the medication;
(2) Written
authorization from the camper’s parent or legal guardian to administer the
medication, which includes a statement that the camper has received the
specific medication prior to entering the YRC;
(3) The name and contact information of the
camper’s parent or legal guardian who is to be notified if required by (d),
below; and
(4) Any allergies the camper is known to have or
is suspected to have.
(b)
The record required by (a), above, shall be updated with a written
record of each dose of medication, excluding topical substances, administered
to the camper.
(c)
The written record required by (a), above, shall:
(1) Be maintained on file and made available for
review by state or local health officials;
(2) Be completed
by the YRC staff who administered the medication immediately after the
medication is administered; and
(3) For each
administered medication, include:
a. The name of the camper;
b. The date and time the medication was taken;
c. A notation of any deviation from the
medication order provided pursuant to He-C 4003.40 in the administration of a
medication and the reason why the medication was not taken as ordered or
approved;
d. The dated
signature of the authorized staff who administered the medication to the
camper;
e. For administration of an as-needed
medication, the reason for administration; and
f. Any other information that is relevant to the
administration of the medication.
(d)
In the event of any deviation from the administration of medication as
described in (3)c., above, the director or designee shall:
(1) Note the deviation in the record required by
(c), above; and
(2) Notify the camper’s parent or legal guardian
immediately.
(e)
In the event of an error in the documentation of the administration of
medication, the director or designee shall identify the error and provide
correct information in the record as soon as the error is identified.
(f)
The director shall make the records required by this section available
for review by state and local health officials upon request.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4003.42 Waivers.
(a)
The unit shall grant a waiver to accommodate situations and
circumstances at YRCs where strict compliance with all requirements established
herein may not be necessary for the protection of the safety and health of the
individuals who attend or provide services at such camps.
(b)
A request for a waiver shall be filed with the application for a YRC
license or as soon thereafter as the need for the waiver is identified.
(c)
The person requesting the waiver shall include the following information
with each such request:
(1) A specific reference to the section of the
rule for which a waiver is being sought;
(2) A full explanation of why a waiver is
necessary;
(3) A full explanation of the alternative(s)
proposed to be implemented if a waiver is granted, if any;
(4) Whether the waiver is needed for a limited
time and, if so, what that time period is; and
(5) A full explanation of why granting the waiver
will not jeopardize the health and safety of the individuals who attend or
provide services to the YRC, as applicable.
(d)
Subject to (e), below, the unit shall grant a waiver if it determines
that granting a waiver will not jeopardize the health and safety of the
individuals who attend or provide services to the YRC, as applicable. In granting a waiver, the unit shall impose
such conditions, including time limitations, as the unit deems necessary to
ensure that the health and safety of the individuals who attend or provide
services to the YRC, as applicable, are protected.
(e)
No waiver shall be granted if the effect of the waiver would be to waive
or modify a statutory requirement, unless the statute expressly provides that
the requirement may be waived or modified.
(f)
If a waiver is granted, the waiver shall be made part of the license.
(g)
If the waiver request is denied, the unit shall notify the person
requesting the waiver in writing of the decision and the reason(s) for the
decision.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
PART He-C
4004 CERTIFICATION REQUIRED FOR YOUTH
SKILL CAMPS
He-C 4004.01 Purpose. The purpose of this part is to implement the
requirements in RSA 170-E:56, II relative to conducting background checks for
youth skill camps (YSCs).
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4004.02 Applicability.
(a)
These rules shall apply to all youth skill camps as defined in He-C
4004.03(h)
(b)
These rules shall not apply to:
(1) Any recreation camp as defined in RSA
170-E:55, I , and regulated under He-C 4003;
(2) Any child day care agency as defined in RSA
170-E:2, IV;
(3) Any private home in which a skill is taught
to a child pursuant to an agreement between the child’s parent or guardian and
the instructor; and
(4) Any class or program that otherwise would
qualify as a youth skills camp as defined in He-C 4004.03(h) that is conducted
or offered by an educational institution regulated under Title XV of New
Hampshire’s codified statutes, including public and nonpublic institutions,
provided that:
a. A criminal history records check as described
in RSA 189:13-a is completed on each employee and volunteer of the public or
nonpublic institution who might be left alone with a child or children during
the class or program; and
b. A check of the national sex offender public
registry is completed for each employee and volunteer covered by a. above.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4004.03 Definitions. For purposes of this part, the following
definitions shall apply:
(a) “Background check policy” means the policy
required by RSA 170-E:56, II relative to background checks for all camp staff
who might be left alone with any child or children;
(b) “Camp staff” means the owner and operator of
a youth skill camp and any employee, volunteer, or other individual employed or
otherwise associated with the youth skill camp, whether for pay or not, to
interact directly with youths in a setting where a single staff member might be
left alone with any child or children;
(c) “Child” mean an individual under 18 years of
age;
(d) “Minor” means an individual under 18 years of
age;
(e)
“Program” as used in the definition of “youth skill camp” means a
specific curriculum that:
(1) Has
been developed by individuals knowledgeable and experienced in the field to
impart a specific skill over a period of 3 or more consecutive days; and
(2) Is taught by at least one
instructor who is knowledgeable and experienced in the skill being imparted;
(f)
“State of residence” means a state in which an individual who is subject
to the background check required by RSA 170-E:56, II currently lives or has
lived, whether on a permanent or temporary basis, after attaining the age of 18
years;
(g)
“Youth” means a minor who attends a youth skill camp;
(h)
“Youth skill camp (YSC)” means “youth skill camp” as defined in RSA
170-E:55, II, that is not also a
recreation camp as defined in RSA 170-E:55, I;
(i) “YSC operator” means the person
that has primary responsibility for the day-to-day operation and management of
a YSC. The YSC operator might also be
the YSC owner;
(j) “YSC owner” means the person that
owns and is ultimately responsible for the operation and management of a
YSC. The YSC owner might also be the YSC
operator; and
(k)
“Validated database” means a database that includes:
(1) Felonies and misdemeanors in each state other
than New Hampshire; and
(2) Felonies in New Hampshire.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4004.04 Required Background Check Policy.
(a)
The background check policy required by RSA 170-E:56, II(a) shall be
adequate to ensure that no camp staff has a criminal conviction for any of the
offenses listed therein, specifically:
(1) Causing or threatening direct physical injury
to any individual; or
(2) Causing or threatening harm of any nature to
any child or children.
(b)
A background check policy shall be deemed to meet the requirement of
(a), above, if it:
(1) Requires all camp staff who might be left alone with
a child or children to be subject to a background check, as described in He-C
4004.05, prior to initially being left alone with a child or children and not
less than once in each calendar year thereafter;
(2) Prohibits any staff member who has not been
subject to the required background check from working directly with any
youth(s) unless a staff member for whom the background check has been completed
is also present;
(3) Requires the YSC operator to review:
a. The results of the background
checks and certifications, for compliance with the established YSC policy and
RSA170-E:56,
II(a); and
b. Any references, employment history, and
volunteer history submitted by or for each camp staff member, to determine
whether to allow the individual to work directly with youths at the YSC;
(4) As required by RSA 170-E:56, II(e),
identifies the frequency of the background checks and the sources used to
conduct the background checks; and
(5) Requires the YSC operator to maintain an
up-to-date listing of all staff members who are in a position such that it is
possible they could be left alone with children, together with the status of
their background checks.
(c)
As specified in RSA 170-E:56, II(d), a background check policy may
include more stringent requirements for background checks than specified in
(b), above, provided:
(1) The requirement of (a), above, is met; and
(2) The more stringent requirements are
explicitly identified in the policy and in the certification explained in He-C
4004.07.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4004.05 Background Checks.
(a)
Subject to (b) through (d), below, the background check required by each
YSC’s background check policy shall comprise:
(1) A criminal background check in each state of
residence of the potential staff member, which may be done through a validated
database that includes current information for each such state of residence or
through the state identification bureau of each state of residence; and
(2) A check of the national sex offender public
registry.
(b)
For any volunteer or employee who is younger than 18 years old who will
be left alone with a youth, the background check policy shall require the minor
to provide a minimum of 2 written references to the YSC operator.
(c) One reference shall be from a non-relative,
and attest to:
(1) Their knowledge of the minor’s character;
(2) Whether the minor has caused or threatened to
cause direct physical injury to any other individual, or harm of any nature, to
any child or children; and
(3) Their opinion on whether the minor is a good
candidate to work directly with campers.
(d)
The YSC may accept the background check required for licensure for any
licensed health professional who holds a current license as proof of compliance
with (a)(1) above. If the background
check required for an applicant who is a licensed health professional does not
include a check of the national sex offender public registry then the owner or
designee shall check the person’s name against the national sex offender public
registry prior to employing the applicant.
(e)
The YSC operator may rely on the background check required to obtain a
visa for any camp staff who enters the country to be a camp counselor through
organizations such as the International Camp Counselor Program (ICCP), Camp
America, British University North America Club (BUNAC), Camp Leaders, or Camp
Counselors USA (CC USA).
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4004.06 Release of Information Regarding
Background Checks.
(a)
Each YSC owner and each YSC operator, if different from the owner, shall
maintain the information received as a result of performing background checks
as confidential information.
(b)
The YSC operator shall provide information as to whether a background
check has been completed on camp staff to any parent or guardian of a youth who
requests the information.
(c)
The YSC operator shall provide a copy of the listing required by He-C
4004.04(b)(5) to the department for review upon request.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4004.07 Required YSC Certification.
(a)
The YSC operator shall make the certification required by RSA 170-E:56,
II(a) by providing the following information to the unit:
(1) The calendar year for which the certification
is being made;
(2) The complete legal name of the YSC, including
any trade name or other name used by the YSC;
(3) The municipality of each location in New
Hampshire where the YSC operates or will operate;
(4) The name, primary mailing address, physical
address if different, and daytime telephone number, including area code, of the
YSC operator and an e-mail address, if any;
(5) If the YSC operator is other than an
individual, the name, title, daytime telephone number, and, if available,
e-mail address for an individual authorized by the YSC operator to act on the
operator’s behalf;
(6) If the YSC operator is not the YSC owner, the
name, primary mailing address, and daytime telephone number, including area
code, of the YSC owner and an e-mail address, if any;
(7) The YSC web or social media network site
addresses, if any; and
(8) The anticipated number of sessions to be
offered, the anticipated length of each session, and the general area in which
a skill will be taught, such as computer programming, music, or a specific
sport.
(b)
The YSC operator or authorized representative shall sign and date the
completed certification and print or type his or her name on the
certification prior to submitting it to
the unit.
(c)
The signature required by (b), above, shall constitute certification
that:
(1) The signer is the YSC operator or has been
authorized by the YSC operator to sign the certification;
(2) A background check policy that
meets the requirements of RSA 170-E:56, II and He-C 4004 is in place;
(3) Background checks for the
camp staff who might be left alone with a child or children have been conducted and reviewed as
required by RSA 170-E:56, II and He-C 4004;
(4) Background checks will be
conducted and reviewed for all new camp staff brought on after the date of the initial
certification as required by RSA 170-E:56, II and He-C 4004;
(5) The information provided is true, complete,
and not misleading to the knowledge and belief of the signer; and
(6) The signer understands that he or she is subject to
the penalties for unsworn falsification specified in RSA 641:3 or any
subsequent statute if the information is false, incomplete, or
misleading.
(d)
If any camp staff is added subsequent to filing the required
certification, the YSC operator shall conduct a background check for such staff
prior to the staff working directly with any youth(s) unless a staff member for
whom the background check has been completed is also present.
(e)
The YSC operator shall submit the certification information required in
He-C 4004.07(a):
(1) Prior to any youth
arriving at the YSC in each calendar year that the YSC operates; and
(2) Subject to (f), below, with the fee required
by RSA 170-E:56,
II(b), which if paid by check or money order shall be made
payable to “Treasurer - State of New Hampshire”.
(f)
No fee shall be required if the YSC operator is a political subdivision.
(g)
The required certification shall be valid only for the calendar year in
which it is submitted.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
He-C 4004.08 Review and Availability of YSC Policies. The YSC owner or operator shall:
(a)
Review the background check policy each year prior to the opening of the
YSC camp and make adjustments if needed;
(b)
Make the policy available through the YSC’s web or social media network
site, if the YSC has a web presence; and
(c)
Provide the unit with the policy, which shall be posted on the unit’s
website.
Source. #12981, INTERIM, eff 1-24-20, EXPIRED:
7-22-20
New. #13073, eff 7-23-20
APPENDIX
A
Rule |
Specific State Statute the Rule
Implements |
|
|
He-C 4001.01 |
RSA 170-E:24;
RSA 170-E:25; RSA 170-E:34 |
He-C 4001.02 |
RSA 170-E:28;
RSA 170-E:29-a |
He-C 4001.04 |
RSA 541-A:29 |
He-C 4001.07 |
RSA 170-E:29;
RSA 170-E:29-a; RSA 170-E:34, I(e); RSA 170-E:40; RSA 170-E:49 |
He-C 4001.10 |
RSA 170-E:33,
II; RSA 170-E:34, I(a)(1), (7); RSA 170-E:34, I(c) |
He-C 4001.12 |
RSA 170-E:34,
I(a)(4); RSA 170-E:34, I(a)(5); RSA 170-E:42; RSA 141-C |
He-C 4001.13 |
RSA 170-E:34,
I(a)(4); RSA 170-E:34, I(a)(5) |
He-C 4001.14 |
RSA 170-E:34,
I(a)(4); RSA 170-E:34, I(b); RSA 126-U:7, II |
He-C 4001.15 |
RSA 170-E:34,
I(a)(4),(5),(6); RSA 170-E:42 |
He-C 4001.16 |
RSA 170-E:34,
I(a)(4); RSA 126-U:5-b |
He-C 4001.17 |
RSA 170-E:34,
I(a)(4) |
He-C 4001.18 |
RSA 170-E:34,
I(a)(4) |
He-C 4001.19 |
RSA 170-E:34,
I(a)(2) |
He-C 4001.20 |
RSA 170-E:34,
I(a)(2); RSA 170-E:34, I(b) |
He-C 4001.21 |
RSA 170-E:34,
I(a)(5), (7) |
He-C 4001.22 |
RSA 170-E:34,
I(a)(9); RSA 126-U; RSA 126-U:7 |
He-C 4001.23 |
RSA 170-E:34,
I(a)(7); RSA 126-U:7; RSA 126-U:10 |
He-C 4001.24 |
RSA 170-E:34,
I(a)(5) |
He-C 4001.25 |
RSA 170-E:34,
I(a)(5); RSA 265:107-a |
He-C 4001.29 |
RSA 170-E:25,
II(c); RSA 170-E:34, I(b) |
He-C 4001.30 |
RSA 170-E:25,
II(c); RSA 170-E:34, I(b) |
He-C 4001.31 |
RSA 170-E:29-a,
I and I-a; RSA 170-E:34, I.(a)(2) |
|
|
He-C 4002.01 |
RSA 170-E:2 |
He-C 4002.02 |
RSA 170-E:6; RSA
170-E:8; RSA 170-E:9; RSA 170-E:11, I(1); RSA 541-A:30, I |
He-C 4002.03 |
RSA 541-A:29 |
He-C 4002.04 |
RSA 170-E:11, I
(m) |
He-C 4002.05 |
RSA 170-E:7, I;
RSA 170-E:6-b; RSA 170-E:11, I(a) & (b); and RSA 170-E:11, I(h) |
He-C 4002.06 |
RSA 170-E:8, II;
RSA 170-E:10; RSA 170-E:11,I(h) |
He-C 4002.07 |
RSA 170-E: 10-a;
RSA 170-E:11, IV; RSA 541-A:30-a |
He-C 4002.08 |
RSA 170-E:11, I
(d), (e) |
He-C 4002.09 |
RSA 170-E:11,
I(b) |
He-C 4002.10 |
RSA 170-E:11,
I(a), (d) & (g); 45 C.F.R. § 98.41(a)(1)(i)(C) |
He-C 4002.11 |
RSA 170-E:11,
I(a), (d) & (g); 45 C.F.R. §98.41(a)(1)(i) |
He-C 4002.12 |
RSA 170-E:11,
I(a), (d), (g), & (h); 45 CFR 98.[§98.16(aa)] |
He-C 4002.13 |
RSA 170-E:11,
I(e) & (f) |
He-C 4002.14 |
RSA 170-E:11,
I(a), (d), & (g); 45 C.F.R. § 98.41(a)(1)(iv) or (vii) |
He-C 4002.15 |
RSA 170-E:11,
I(a), (d), (g), (h), (i); 45 CFR
98.41(a)(1)(i)(C); CFR 98.[§98.16(aa)] |
He-C 4002.16 |
RSA 170-E:11,
1(a), (b), (c), (e), & (i); 45 CFR 18 |
He-C 4002.17 |
RSA 170-E:11,
I(a), (d), (g), & (h); 45 CFR 98.[§98.16(aa)]; |
He-C 4002.18 |
RSA 170-E:11,
I(a) - (e) & (i); 45 CFR 98 |
He-C 4002.19 |
RSA 170-E:11,
I(a), (d), & (e) |
He-C 4002.20 |
RSA 170-E:11,
I(a), (d), (g), & (h) and 45 CFR 98.[§98.16(aa)] |
He-C 4002.21 |
RSA 170-E:11,
I(a), (d), (e) & (g) |
He-C 4002.22 |
RSA 170-E:11, I
(d) |
He-C 4002.23 |
RSA 170-E:11,
I(d) & (e); 40 CFR 745.90(a) and (b)(2011) |
He-C 4002.24 |
RSA 170-E:11,
(d) & (e) |
He-C 4002.25 |
RSA 170-E:11, I
(d) & (e); 16 C.F.R. § 1500 |
He-C 4002.26 |
RSA 170-E:11, I
(c), (d), & (e); 45 C.F.R. § 98; 16 C.F.R. § 1219 and 1220 |
He-C 4002.27 |
RSA 170-E:11,
I(d), (e), (h); RSA 170-E:6 |
He-C 4002.28 |
RSA 170-E:11,
I(d), (e), (h); RSA 170-E:6 |
He-C 4002.29 |
RSA 170-E:6;
RSA-170-E:11, I(d), & (e) |
He-C 4002.30 |
RSA-170-E:11,
I(d) & (e) |
He-C 4002.31 |
RSA-170-E:11,
I(d) & (e) |
He-C 4002.32 |
RSA-170-E:11,
I(a) - (e) and RSA 265:107-a |
He-C 4002.33 |
RSA-170-E:11,
I(b) & (e) and 45 C.F.R. §98.44 |
He-C 4002.34 |
RSA 170-E:11,
I(b) & (e) |
He-C 4002.35 |
RSA 170-E:11,
I(b), (d) & (e) |
He-C 4002.36 |
RSA 170-E:11,
I(a) & (c) |
He-C 4002.37 |
RSA 170-E:11,
I(a), (c) & (e) |
He-C 4002.38 |
RSA 170-E:11,
I(a), (c) & (e) |
He-C 4002.39 |
RSA 170-E:11,
I(a), (c) & (e) |
He-C 4002.40 |
RSA 170-E:11, I(a) & (c) |
He-C 4002.41 |
RSA 170-E:7; RSA
170-E:11,I(h); 45 C.F.R. § §98.43 |
He-C 4002.42 |
RSA 170-E: 11,
IV; RSA 170-E:17, II & III |
He-C 4002.43 |
RSA 170-E:11,
I(a) & (h); RSA 170-E:11, II & III |
He-C 4002.44 |
RSA 170-E:11,
I(a) & (h); RSA 170-E:11, IV & V; RSA 170-E:12; RSA 170-E:13 |
He-C 4002.45 |
RSA 170-E:11,
II, VI & VII; RSA 170-E:21-a |
He-C 4003 |
RSA 170-E:53-a;
RSA 170-E:54; and RSA 170-E:56, I |
He-C 4004 |
RSA 170-E:53-a;
RSA 170-E:54; and RSA 170-E:56, II(a) |
APPENDIX B
Location of Incorporated by Reference Document |
Title of Document to be Incorporated by Reference |
Cost and How to Obtain the Document |
He-C 4001.15(al) |
U.S Environmental Protection Agency’s, “How to Dispose of Medicines
Properly” (April 2011) |
Publisher: U.S. Environmental Protection
Agency Cost: Free of Charge The incorporated document is available at: https://nepis.epa.gov/Exe/ZyPDF.cgi/P100ZW8A.PDF?Dockey=P100ZW8A.PDF |
He-C
4002.24(h)(2)c. |
ASTM
International’s, “ASTM F1292 Standard Specification for Impact Attenuation of
Surfacing Materials Within the Use Zone of Playground Equipment” (2018
Edition) |
Publisher: ASTM International Cost: $60.00 The incorporated document is available
at: https://www.document-center.com/standards/show/ASTM-F1292 |
He-C 4002.27(ah) |
“Infant Meal Pattern” USDA (11/29/2016) |
Available as a pdf. Free of charge at: https://www.fns.usda.gov/sites/default/files/cacfp/CACFP_infantmealpattern.pdf,
and as attached in Appendix C |
He-C 4002.27(ah) |
“Child Meal Pattern” USDA |
Available as a pdf. Free of charge at: https://www.fns.usda.gov/sites/default/files/cacfp/CACFP_childmealpattern.pdf,
and as attached in Appendix C |
He-C 4001.29(d)(5)a. |
U.S. Department of Health and Human Services, Substance Abuse and
Mental Health Services Administration’s (SAMHSA) “Evidence-Based Practices
Resource Center” |
Publisher: U.S. Department of Health and
Human Services, Substance Abuse and Mental Health Services Administration Cost: Free of Charge The incorporated document is available at: https://www.samhsa.gov/ebp-resource-center |
He-C 4001.29(d)(6)a. |
The American Society of Addiction Medicine’s “The ASAM Criteria”
(Third Edition) |
Publisher: The American Society of Addiction
Medicine Cost: Member: $85.00/ Non-Member $95.00 The incorporated document is available for
purchase at: https://www.asam.org/resources/the-asam-criteria |
He-C 4001.29(d)(6)b. |
U.S. Department of Health and Human Services, Substance Abuse and
Mental Health Services Administration’s “Knowledge Application Program (KAP)
Resource Documents and Manuals” (July 2020) |
Publisher: U.S. Department of Health and Human Services, Substance
Abuse and Mental Health Services Administration Cost: Free to the Public The incorporated document is available at: https://www.samhsa.gov/kap/resources |
He-C 4002.31(h) |
United States
Department of Agriculture’s, “Infant Meal Pattern” (11/29/2016) |
Publisher:
United States Department of Agriculture Cost:
Free of Charge The
incorporated document is available as attached in Appendix C or at: https://www.fns.usda.gov/sites/default/files/cacfp/CACFP_infantmealpattern.pdf |
He-C 4002.31(h) |
United States
Department of Agriculture’s, “Child Meal Pattern” (11/29/2016) |
Publisher:
United States Department of Agriculture Cost:
Free of Charge The
incorporated document is available as attached in Appendix C or at: https://www.fns.usda.gov/sites/default/files/cacfp/CACFP_childmealpattern.pdf |
Appendix
C