CHAPTER He-E 700 ADULT PROTECTION SERVICES PROGRAM
Statutory Authority: RSA 161-F:55
REVISION NOTE:
Document
#10179, effective 9-1-12, readopted with amendments Chapter He-E 700, formerly
entitled “Adult Protection Program” and containing Part He-E 701 through Part
He-E 709. Document #10179 made extensive
changes to the wording, format, structure, and numbering of those provisions,
creating a single Part He-E 701 in Chapter He-E 700, now entitled “Adult
Protective Services Program.”
Document
#10179 supersedes all prior filings affecting the provisions in the former
Chapter He-E 700. The prior filings
affecting the former Chapter He-E 700 include the following documents:
#5008,
eff 11-27-90, EXPIRED 11-27-96
#6867,
eff 10-9-98
#8727,
INTERIM, eff 10-9-06, EXPIRED 4-7-07
#8868,
eff 4-19-07
PART He-E 701
OVERVIEW
He-E
701.01 Purpose. The purpose of the adult protective services
program is to:
(a) Receive and investigate reports of abuse,
neglect, self-neglect or exploitation of incapacitated adults;
(b) Provide protective services; and
(c) Maintain the department of health and human
services, bureau of elderly and adult services (BEAS) state registry in
accordance with RSA 161-F:49.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.02 Definitions.
(a) “Abuse” as defined in RSA 161-F:43, II, means
any one of the following:
(1) “Emotional
abuse” means the misuse of power, authority, or both, verbal harassment, or
unreasonable confinement which results or could result in the mental anguish or
emotional distress of an incapacitated adult;
(2) “Physical
abuse” means the use of physical force which results or could result in
physical injury to an incapacitated adult; or
(3) “Sexual
abuse” means contact or interaction of a sexual nature involving an
incapacitated adult without his or her informed consent.
(b) “Administrative
appeals unit (AAU)” means the unit of the department that receives appeal
requests, schedules proceedings, conducts pre-hearing conferences and hearings
and issues decisions for the department.
(c) “Adult protective services program (APS)”
means the program which encompasses all the tasks and responsibilities completed in accordance with the adult protection
law, RSA 161-F:42-57.
(d) “Adult protective social worker (APSW)” means
the individual employed by BEAS and certified by the NH department of
administrative services, division of personnel, to carry out all tasks and
responsibilities defined in statute, administrative rule and program policy as
they relate to the adult protective services program.
(e) “Allegation” means an assertion that an
incapacitated adult has been abused, neglected, exploited or has
self-neglected.
(f) “Alleged perpetrator” means an individual who
is reported to have abused, neglected or exploited an incapacitated adult.
(g) “Alleged victim” means an adult who is
incapacitated at the time of the incident alleging abuse, neglect, self-neglect
or exploitation.
(h) “Bureau administrator,” for purposes of this
rule, means the administrator of BEAS, or his or her designee, appointed by the
commissioner of the department of health and human services to carry out the
responsibilities described in RSA 161-F:42-57.
(i) “Bureau of
elderly and adult services (BEAS)” means the
(j) “BEAS State Registry (state registry)” means
a database containing information on founded reports of abuse, neglect or
exploitation of incapacitated adults by a paid or volunteer caregiver, guardian
or agent acting under the authority of any power of attorney (POA) or any
durable power of attorney (DPOA) pursuant to RSA 161-F:49.
(k) “Case management” means the tasks associated
with the ongoing assessment, person-centered planning, coordination, and
monitoring of services provided to an adult protection program client by an
APSW.
(l) “Client” means the incapacitated adult for
whom a case has been opened in the adult protective services program pursuant
to He-E 701.17 and who is receiving protective services as described in He-E
701.18.
(m) “Collateral contacts” means individuals who
have either witnessed or have information about the alleged victim’s situation
that could aid the investigator in determining the facts necessary to complete
a protective investigation in accordance with RSA 161-F:42-57 and He-E 700.
(n) “Commissioner” means the commissioner of the
department of health and human services, or his or her designee.
(o) “Counseling”
means the review and assessment, with the protection program client, of the
circumstances which led to his or her need for protection, and the provision of
guidance and support in order to strengthen his or her ability to ameliorate
the protective concerns.
(p) “Date of approval” means the date that the
completed protective investigation or disposition is approved by the
supervisor.
(q) “Determination” means the finding following a
protective investigation completed pursuant to RSA 161-F:42-57, that the
alleged abuse, neglect, self-neglect or exploitation of an incapacitated adult
is either founded or unfounded.
(r) “Disposition” means an administrative
classification to indicate that an investigation described in RSA 161-F:42-57
could not be initiated or could not
be completed.
(s) “Exploitation” means “exploitation” as
defined in RSA 161-F:43, IV, namely “the illegal use of an incapacitated
adult’s person or property for another person’s profit or advantage, or the
breach of a fiduciary relationship through the use of a person or a person’s
property for any purpose not in the proper and lawful execution of a trust,
including, but not limited to, situations where a person obtains money,
property or services from an incapacitated adult through the use of undue
influence, harassment, duress, deception, or fraud.”
(t) “Facility administrator” means the
administrator of a licensed facility described in RSA 151.
(u) “Founded” means the determination that one or
more of the allegations included in a report of alleged abuse, neglect,
self-neglect or exploitation of an incapacitated adult met one or more of the
definitions contained in RSA 161-F: 43,
II (a), (b), (c), III, IV or VI.
(v) “Guardian” means an individual who has been
appointed by the probate court in accordance with RSA 464-A, to have care or
custody or manage the estate of another individual adjudicated to be
incapacitated.
(w) “Guardianship” means a fiduciary relationship
wherein, following a petition, hearing and other proceedings described in RSA
464-A, an individual is appointed by the probate court to have care and custody
of another individual who is adjudged by the court to be incapable of managing
personal needs, property, and/or financial affairs.
(x) “Guardianship hearing” means the hearing on a
petition which is held in accordance with RSA 464-A, where the petitioner has
the responsibility to establish why the proposed ward, who is the subject of
the petition, is in need of a guardian.
(y) “Imminent danger” means that the
circumstances of an alleged victim, as described in a protective report,
suggest that injury or death could occur immediately.
(z) “Incapacitated” means incapacitated as
defined in RSA 161-F: 43, VII, namely “the physical, mental or emotional
ability of a person is such that he is unable to manage personal, home, or
financial affairs, in his own best interest, or he is unable to act or unable
to delegate responsibility to a responsible caretaker or caregiver.”
(aa) “Incapacitated adult” means an individual
aged 18 or older who is incapacitated as defined in (z) above and RSA 161-F:43,
VII.
(ab) “Investigator” means the APSW designated by
the bureau administrator to conduct the investigation.
(ac) “Neglect” means “neglect” as defined in RSA
161-F:43, III, namely “an act or
omission which results or could result in the deprivation of essential services
or supports necessary to maintain the minimum mental, emotional or physical
health and safety of an incapacitated adult.”
(ad) “Notification” means the processes described
in He-E 701.10, by which the parties named in He-E 701.12 are informed as to
whether the investigation has resulted in a founded or an unfounded
determination, or in a disposition.
(ae) “Perpetrator” means the individual who,
following a protective investigation completed in accordance with RSA
161-F:42-57 and He-E 700, is found to have abused, neglected or exploited an
incapacitated adult.
(af) “Protective
investigation” means the process by which the investigator inquires
into a report of alleged abuse, neglect, self-neglect or exploitation, pursuant
to RSA 161-F:42-57, in order to determine the validity of the allegation(s) and
the need for protective services.
(ag) “Protective investigation file” means the
individual record that contains all the information related to the protective
investigation described in this part.
(ah) “Protective investigation summary” means the
investigator’s written report that contains information obtained during the
protective investigation, except for the reporter’s name, as well as the
determination made at the conclusion of the investigation.
(ai) “Protective report” means a notification to
the APS unit that an adult who is or who is suspected to be incapacitated has
been subjected to abuse, neglect, self-neglect, or exploitation or is living in
hazardous conditions.
(aj) “Protective
services” means “protective services” as defined in RSA 161-F:43, I, namely
“services and action which will, through voluntary agreement or through
appropriate court action, prevent neglect, abuse, or exploitation of
incapacitated adults. Such services
shall include, but not be limited to, supervision, guidance, counseling and,
when necessary assistance in securing of nonhazardous living accommodations,
and mental and physical examinations.”
(ak)
“Reconsideration” means the process described in He-E 701.14 that is
conducted following a founded determination if the reconsideration is requested
by a perpetrator who is not registry eligible, or by a founded victim of
self-neglect.
(al) “Registry eligible” means a paid or volunteer
caregiver, guardian, or agent acting under the authority of any POA or any DPOA
who is a perpetrator and therefore is eligible to be listed on the BEAS state
registry in accordance with these rules and pursuant to RSA 161-F:49.
(am) “Registry eligible alleged perpetrator
review” means the process described in He-E 701.09 that is conducted following
a recommended founded determination and prior to the date of approval if the
review is requested by an alleged perpetrator of abuse, neglect or exploitation
who is registry eligible.
(an) “Reporter” means the individual who reports
in accordance with RSA 161-F:46 that an adult, who is suspected to be
incapacitated, has been subject to abuse, neglect, self-neglect or
exploitation.
(ao) “Self-neglect”
means self-neglect as defined in RSA 161-F:43, VI, namely “an act or omission
by an incapacitated adult which results or could result in the deprivation of
essential services or supports necessary to maintain his or her minimum mental,
emotional or physical health and safety.”
(ap) “Supervisor” means the individual employed by
(aq) “Unfounded”
means the determination that a report of alleged abuse, neglect, self-neglect
or exploitation of an incapacitated adult did not meet the definitions
contained in RSA 161-F:43, II(a), (b), (c), III, IV or VI.
(ar) “Victim” means
the incapacitated adult who, following a protective investigation completed in
accordance with RSA 161-F:42-57 and He-E 700, is found to have been abused,
neglected, exploited or self-neglecting.
(as) “Ward” means “ward” as defined in RSA
464-A:2, XVI, namely “a person for whom a guardian of the person and the
estate, or the person, or the estate, has been appointed.”
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at Chapter
Heading for He-E 700) #10179, eff 9-1-12
He-E
701.03 Protective Reports.
(a) When making a report as required by RSA
161-F:46, the reporter may make the report in person, by telephone, by letter,
by email or by fax.
(b) A report may be made anonymously. Individuals shall be encouraged to identify
themselves, but anonymous reports shall be accepted.
(c) A person wishing to make a report may contact
any district office, the
(d) After business hours or during weekends or
holidays, individuals making reports shall contact the police department of the
applicable political subdivision, or the sheriff of the county in which the
alleged abuse, neglect, self-neglect or exploitation occurred, in accordance
with RSA 161-F:46, I.
(e) If the report is deemed to be non-protective,
the reporter shall be provided with appropriate information and referral.
(f) As soon as possible, but no later than 72
hours following receipt of a protective report,
(g) In cases of imminent danger,
(h) If the alleged victim has a guardian, BEAS
shall contact the guardian to inform him or her that a protective report has
been received, and request a copy of the guardianship order.
(i) If the alleged
perpetrator is the guardian of the alleged victim,
(1) Notify the circuit court – probate division
of jurisdiction; and
(2) Notify the supervisor, who shall postpone
contact with the guardian if the alleged victim’s safety is in jeopardy.
(j) If the intake contains information that the
alleged victim has suffered serious bodily injury that is known or suspected to
result from abuse, neglect or exploitation, or if there is reason to believe
that a crime has been committed, BEAS shall notify the appropriate law
enforcement agency and the department of justice within 72 hours or as soon as
the protective investigation has begun.
(k) Upon taking a protective report,
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at Chapter
Heading for He-E 700) #10179, eff 9-1-12
He-E
701.04 Protective Investigation
Requirements.
(a) The department shall conduct a protective
investigation on each report received, except as described in (b) and (c)
below.
(b) The department shall not conduct or complete
a protective investigation when any of the following apply:
(1) The alleged
victim does not fall under the reporting requirement described in RSA 161-F:46;
(2) The
allegation(s) is determined not to meet any of the definitions of abuse,
neglect, exploitation or self-neglect contained in RSA 161-F:43;
(3) In reports
of self-neglect when the alleged victim has died prior to the initiation of the
investigation or has died after the initiation of the investigation and the death
is not related to, or the result of the allegation;
(4) In all
other reports of alleged abuse, neglect or exploitation, when the alleged
victim has died, and
(5) When the
alleged victim cannot be located and the department determines that an
interview with the alleged victim is necessary to conduct the investigation;
(6) When the report
involves an incident or situation of abuse, neglect or exploitation that
allegedly occurred 2 or more years ago, and there is no current relationship
with the alleged perpetrator;
(7) When the
report does not include sufficient information to allow an investigation to be
conducted under RSA 161-F: 42-57;
(8) When the
alleged perpetrator:
a. Is living in
a certified or licensed facility or residence at the time of the alleged
incident because other DHHS bureaus would be conducting the investigation; or
b. Dies prior
to the initiation of the investigation, or after the investigation has been
initiated, but before it is completed; or
(9) When the
report is determined to be frivolous or without factual basis as described in
RSA 161-F:46, III.
(c) When the report is criminal in nature, and a
criminal investigation will be conducted by law enforcement, the department
shall not conduct or complete an investigation unless one or more of the
following apply:
(1) The alleged
perpetrator is registry eligible;
(2) The
investigator has determined that the alleged victim is in need of protective
services; or
(3) The alleged
perpetrator has an ongoing relationship with the alleged victim.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.05 Dispositions. In situations where the supervisor determines
that an investigation cannot be conducted or cannot be completed, a report
shall result in one of the following dispositions:
(a) No investigation conducted; or
(b) Investigation not completed.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.06 Interviews.
(a) The investigator shall interview the alleged
victim in person, regardless of his or her mental or physical condition, even
if the alleged victim cannot communicate verbally.
(b) During the interview, the investigator shall:
(1) Identify himself
or herself and describe
(2) Inform the
alleged victim that a report of abuse, neglect, self-neglect or exploitation
has been received, except that the investigator shall not reveal the reporter’s
name;
(3) Explain the
role of the investigator and the purpose of the investigation;
(4) Specify the
allegation(s) contained in the protective report and request the alleged
victim’s response;
(5) Obtain
information regarding the alleged victim’s safety, functioning, and
environment;
(6) Inform the
alleged victim that there might be a need to interview other individuals in
order to complete the investigation and ask for the names of any individuals
whom the alleged victim identifies as having information; and
(7) If the
alleged victim has a guardian, inform the alleged victim that at the conclusion
of the investigation, the guardian will be notified about the investigation
results.
(c) The investigator shall request a face to face
interview with the alleged perpetrator.
(d) If the alleged perpetrator is a minor, the
investigator shall:
(1) Contact the
alleged perpetrator’s guardian to inform the guardian of the need to interview
the minor; and
(2) Offer the
guardian the opportunity to be present at the interview, and if he or she does
not choose to do so, obtain written permission to interview the minor without
the guardian’s presence.
(e) If the alleged perpetrator has a guardian
appointed pursuant to RSA 464-A, the investigator shall contact the guardian to
inform him or her of the need to interview the alleged perpetrator, except
under the circumstances described in He-E 701.03(i).
(f) If the alleged perpetrator refuses to be
interviewed or cannot be located, the investigator shall send a letter to the
alleged perpetrator’s last known address, requesting an interview.
(g) If the alleged perpetrator has a guardian who
refuses to allow his or her ward to be interviewed, the investigator shall
notify the guardian by letter, sent by
(h) If the alleged perpetrator cannot be located,
or can be located, but does not consent to be interviewed, the investigator
shall proceed with the investigation and make a determination based on
information available from the alleged victim, collateral contacts, written
reports and records, and other relevant information or documentation.
(i) When interviewing
the alleged perpetrator, the investigator shall:
(1) Identify
himself or herself and describe the responsibility of
(2) Inform the
alleged perpetrator that a report of abuse, neglect, or exploitation has been
received, except that the investigator shall not reveal the reporter’s name;
(3) Explain the
role of the investigator and the purpose of the investigation;
(4) Specify the
allegation(s) contained in the report and request the alleged perpetrator’s
response;
(5) Inform the
alleged perpetrator that there might be a need to interview other individuals
in order to complete the investigation, and ask for the names of any
individuals whom the alleged perpetrator identifies as having information; and
(6) Inform the
alleged perpetrator that, at the conclusion of the investigation, he or she and
his or her guardian, if any, will be notified about the investigation results,
including information about due process.
(j) The investigator shall interview collateral
contacts who have pertinent information on the reported allegation(s),
including, but not limited to, the following:
(1) The
individuals whom the alleged victim or the alleged perpetrator, if any, have
identified as having information; and
(2) Other
individuals who have come to the investigator’s attention as having information
regarding the allegations(s).
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.07 Investigation Responsibilities
and the Determination. During the
course of the investigation, the investigator shall:
(a) Conduct all interviews as described in He-E
701.06;
(b) As necessary, request protective services to
be approved by the supervisor in order to protect the alleged victim while the
investigation is in progress;
(c) Obtain and review relevant written reports,
records, photographs, and any other necessary documentation in accordance with
RSA 161-F:56;
(d) Consult, as necessary, with other
professionals who have expertise regarding the type of report or allegations
being investigated;
(e) Review all information collected during the
investigation process;
(f) Determine whether or not the allegation(s) is
or are substantiated;
(g) Determine whether or not the report is
founded or unfounded based on the following:
(1) Statements
made by the alleged victim;
(2) Supporting
testimony given by collateral contacts;
(3) Supporting
written, photographic, audio or visual documentation; or
(4) Statements
made by the alleged perpetrator, if any;
(h) When the report is founded, the investigator
shall determine that there is a need for protective services if any of the
following is true:
(1) The
victim’s health or safety is in jeopardy;
(2) The
victim’s living arrangement is unsafe; or
(3) The victim has
functional or cognitive limitations that prevent the necessary performance of
personal care activities or household tasks; and
(i) Complete all
required forms, summaries and letters in order to document the investigation
and provide necessary notification(s).
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at Chapter
Heading for He-E 700) #10179, eff 9-1-12
He-E
701.08 Purpose of a Review.
(a) A registry eligible perpetrator may, in
accordance with He-E 701.09 below, request a review by the bureau administrator
for the purpose of considering new or additional information, or to dispute the
accuracy of the information obtained during the investigation.
(b) With the request for a review the registry
eligible perpetrator shall provide new or additional information to dispute the
finding or the accuracy of the information used to make the recommended founded
determination.
(c) The bureau administrator shall consider the
new or additional information to determine if the recommended founded
determination will be upheld or overturned.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.09 Registry Eligible Alleged
Perpetrator Review Prior to Completion of the Investigation.
(a) For a report involving an alleged perpetrator
who is registry eligible, upon a recommended founded determination and prior to
the date of approval, the investigator shall send written notice to the alleged
perpetrator and his or her guardian, if any, of the recommended founded
determination and the option to request a review prior to completion of the
investigation.
(b) The bureau shall notify the registry eligible
alleged perpetrator’s guardian of the request for review if the request is
received directly from one of the following:
(1) A
perpetrator who is under 18 years of age; or
(2) A
perpetrator who is 18 years or older and has a guardian appointed by the
probate court in accordance with RSA 464-A.
(c) If the alleged perpetrator who is registry
eligible wants a review, he or she shall request a review within 3 business
days of the date of the notice, which may be made via telephone or electronic
mail.
(d) All requests for a review of a registry
eligible alleged perpetrator shall contain:
(1) The full
name, address, date of birth and telephone number of the alleged perpetrator;
and
(2) A statement
that explains the reason(s) for requesting the review and the additional
information the alleged perpetrator wishes to present.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.10 Notification Following a Review
of a Registry Eligible Alleged Perpetrator.
(a) Following a review of a registry eligible
perpetrator, the bureau administrator shall send written notification to the
alleged perpetrator and his or her guardian, if any, of whether the recommendation
of the investigator is approved or overturned, or returned for further
investigation.
(b) If the recommendation of the investigator is
approved following a review, within 3 business days of the date of the review,
a notice to the perpetrator shall be sent in accordance with RSA 161-F:49, II
and He-E 701.12.
(c) If the recommendation of the investigator is overturned
following a review, within 3 business days of the date of the review, a notice
shall be sent to the alleged perpetrator or his or her guardian, if any, in
accordance with He-E 701.12(a)(3).
(d) If the report is returned to the investigator
for further investigation following a review, notice shall be sent to the
alleged perpetrator or his or her guardian, if any, within 10 business days of
the review.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.11 Retention of Protective
Investigation Material.
(a) For all investigations of self-neglect that
are determined to be unfounded, material related to the investigation shall be
retained for one year after the date of approval.
(b) For all other investigations that result in
an unfounded determination, material related to the investigation shall be
retained for 3 years from the date of approval.
(c) For all investigations that result in a
founded determination, the material related to the investigation shall be
retained for 7 years after the date of approval, or for 7 years after the date
the perpetrator’s name is entered onto the registry.
(d) For investigations in which founded
determinations are overturned based on either the reconsideration process or on
appeal the material related to the investigation shall be retained for 3 years
from the date of the notice or decision.
(e) For investigations that result in a founded
determination, based on the reconsideration process or on appeal, material
related to the investigation shall be retained for 7 years from the date of the
notice or the decision.
(f) For investigations that result in one of the
dispositions described in He-E 701.05, material related to the investigation
shall be retained for 6 months from the date of approval.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.12 Notification Following
Investigation.
(a) Upon completion of an investigation resulting
in a founded, unfounded, or “investigation not completed” disposition, the
investigator shall notify the following individuals and agencies:
(1) The alleged
victim and his or her guardian, if any;
(2) The alleged
perpetrator, if any, and his or her guardian, if any;
(3) The probate
court, if the alleged perpetrator is the guardian of the alleged victim;
(4) The
department’s office of client and legal services, established in accordance
with RSA 171-A:19, if the alleged perpetrator is a public guardian of the
alleged victim;
(5) The
facility administrator, or an agency director, if the alleged victim was a
resident of a facility or a recipient of services at the time of the alleged
abuse, neglect or exploitation;
(6) The board
of nursing, if the alleged perpetrator is licensed through the board;
(7) The bureau
of developmental services and the bureau of behavioral health, if the alleged
victim is a client receiving services from either or both of these bureaus, or
was a client receiving bureau services at the time of the alleged abuse,
neglect, or exploitation;
(8) The
department’s health facilities administration when that bureau has jurisdiction
over the facility in which the alleged perpetrator is or was employed;
(9) A home
health agency or another agency, if the agency is or was providing services to
the alleged victim, and the agency employs or did employ the alleged
perpetrator at the time of the alleged abuse, neglect or exploitation; and
(10) The
department of justice, if the report was received from law enforcement
officials.
(b) All notices sent after the completion of an
investigation or an “investigation not completed” disposition shall:
(1) Be sent by
United States Postal Service first class mail, or be hand-delivered;
(2) State
whether the report was founded, unfounded, or resulted in an “investigation not
completed” disposition; and
(3) Not include
the name of the reporter.
(c) If the investigation resulted in a
disposition of “investigation not completed,” in addition to the information
described in (b) above, the notice shall contain the reason for the
disposition.
(d) In accordance with RSA 161-F:49, II, if the
investigation resulted in a founded determination and the perpetrator is
registry eligible, the notice(s) issued in accordance with (a) shall:
(1) Be sent
within 5 business days; and
(2) Contain:
a. The identity
of the perpetrator;
b. A
description of the allegation stated in the report;
c. The reasons
for the founded determination, the consequences of such a finding, and that
such information is required to be entered on the state registry in accordance
with He-E 701.23 and RSA 161-F:49;
d. Information
on the right to appeal as described in He-E 701.17; and
e. In the
victim’s and his or her guardian’s letter only, whether services will be
provided.
(e) In accordance with RSA 161-F:49, VI, for an investigation that resulted in a
founded determination which was caused by factors beyond the control of the
perpetrator, the perpetrator shall be notified of that determination and that,
as a result, the finding shall not be entered on the registry.
(f) For reports of self-neglect or reports of
abuse, neglect or exploitation, if the investigation resulted in a founded
determination, and the perpetrator is not registry eligible, notice(s) issued
in accordance with (a) shall include the following information:
(1) The type
and description of the allegations stated in the report;
(2) The reasons
for the founded determination;
(3) The procedures by which the perpetrator or victim
of self-neglect may request a reconsideration pursuant to He-E 701.14; and
(4) In the
victim and his or her guardian’s letter only, whether services will be
provided.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.13 Purpose of a Reconsideration.
The purpose of a reconsideration of a founded determination for a
non-registry eligible perpetrator or victim of self-neglect shall be for the
bureau administrator to consider new or additional information, or the accuracy
of the information obtained during the investigation, or both.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.14 Request for Non-Registry
Eligible Reconsideration.
(a) For founded cases of abuse, neglect, and
exploitation, a perpetrator who is not registry eligible, or his or her
guardian, if any, or a victim of self-neglect, or his or her guardian, if any,
shall submit a request for reconsideration in writing to the bureau
administrator within 10 business days of the date of the notice in He-E 701.12,
and include the following:
(1) The name,
address, and telephone number of the perpetrator or victim of self-neglect; and
(2) A statement
that explains the reasons for requesting the reconsideration.
(b) The
bureau shall notify the person’s guardian of the request for a non-registry
eligible reconsideration if the request is received directly from one of the
following:
(1) A
perpetrator who is under 18 years of age; or
(2) A perpetrator
or victim of self-neglect who is 18 years or older and has a guardian appointed
by the probate court in accordance with RSA 464-A.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.15 Notification Following a
Non-Registry Eligible Reconsideration.
(a) If the original determination of the
investigation is upheld, a notice shall:
(1) Be sent
within 3 business days of the reconsideration to the perpetrator and his or her
guardian, if any, or to the victim of self-neglect and his or her guardian, if
any; and
(2) Contain an
explanation of why the determination was upheld.
(b) If the original determination of the
investigation is overturned, notice shall be sent within 3 business days of the
reconsideration to:
(1) The
perpetrator and his or her guardian, if any, or to the victim of self-neglect
and his or her guardian, if any;
(2) The victim
of a founded report of abuse, neglect or exploitation and his or her guardian,
if any;
(3) The
facility administrator, or an agency director, if the alleged victim was a
resident of a facility or a recipient of services at the time of the alleged
abuse, neglect, or exploitation; and
(4) Other
individuals or agencies as outlined in He-E 701.12(a), as applicable.
(c) The 3 business day decision period stipulated
in (a) and (b) above shall only be extended with the agreement of:
(1) The alleged
perpetrator and his or her guardian, if any; or
(2) The alleged
victim of a founded report of self-neglect and his or her guardian, if any.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at Chapter
Heading for He-E 700) #10179, eff 9-1-12
He-E
701.16 Appeal Rights.
(a) Perpetrators who are registry eligible shall have
a right to contest the finding by appealing to the administrative appeals unit
within 10 business days of the date of the notice of a founded determination.
(b) Pending the outcome of an appeal requested in
(a) above, the perpetrator’s information shall not be entered onto the state
registry.
(c) In accordance with RSA 161-F:49, IV, a
perpetrator’s information, shall be entered onto the state registry if the
perpetrator appeals the founded determination and it is upheld by the
administrative appeals unit.
(d) Failure to request an appeal within the
timeframes identified in (a) above, shall constitute a waiver of the right to
an administrative appeal of the department’s founded determination.
(e) Perpetrators who are registry eligible shall have
the right to:
(1) Receive a
full and fair administrative hearing, including the right to be represented by
counsel at his or her own expense;
(2) Appeal an adverse decision by the administrative
appeals unit to the probate court in accordance with RSA 161-F:49, V; and
(3) Petition to
have the finding expunged from the state registry pursuant to RSA 161-F:49, IX.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.17 Opening a Protective Services
Program Case. Following a protective
investigation, the APSW shall open a case in the adult protective services
program in order to provide protective services to, and/or authorize protective
services for the victim when the following conditions are met:
(a) There is a need for protective services;
(b) The victim agrees to accept protective
services; and
(c) The
victim and his or her guardian, if the victim has a guardian, has participated
in the development of a protective services program case plan.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
chapter heading for He-E 700) #10179, eff 9-1-12
He-E
701.18 Protective Services. Protective services shall consist of any or
all of the following:
(a) Counseling and case management services
provided directly by the APSW;
(b) Services authorized or coordinated by the
APSW and provided by other individuals or agencies; and
(c) Services coordinated by the APSW and provided
by families, community organizations or volunteer groups.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.19 Role of the
(a) The adult protective services program shall
have one of the following roles in the guardianship process described in RSA
464-A:
(1) Providing information
about the guardianship process to individuals who are filing for guardianship;
or
(2) Petitioning
for the appointment of a guardian for an incapacitated adult, pursuant to RSA
161-F:52 and RSA 464-A.
(b) The following criteria shall be met prior to
petitioning for the appointment of a guardian for an incapacitated adult:
(1) A
protective investigation has been completed and there is a founded
determination;
(2) It is
determined that there is a need for protective services;
(3) All other
less restrictive options, including the provision of other appropriate
protective services, have been exhausted;
(4) A guardian
is needed because:
a. The
incapacitated adult is unable to meet his/her own needs for food, clothing,
shelter, health care or safety, or is unable to manage property or financial
matters, as described in RSA 464-A:2, VII; or
b. The
incapacitated adult cannot exercise informed judgment, as defined in RSA
464-A:2, XII; and
(5) Family
members who have a relationship with the incapacitated adult have been
contacted, and have indicated in writing that they are unable or unwilling to
pursue guardianship.
(c) When the criteria listed in (b)(1) - (5)
above are not met, a petition for the appointment of a guardian may still be
requested when it is determined that without the provision of a guardian, there
is a serious likelihood that the incapacitated adult would face a risk of death
or serious physical or mental harm to him/herself.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
chapter heading for He-E 700) #10179, eff 9-1-12
He-E
701.20 Guardianship Hearing. If
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.21 Releasing Information. Information about the investigation shall be
confidential, and shall only be released by
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.22 Who May Receive Information.
(a) When the investigation is in process,
information which has been obtained, or which is in the process of being
obtained, shall be released to the following, but only that information which
is necessary for the receiving entity to carry out its statutory or regulatory
mandates or service provision:
(1) The
department of justice, other law enforcement officials or a court;
(2) The health
facilities administration, when the investigation involves an alleged victim
residing in a facility overseen by the health facilities administration, except
that the reporter’s name shall not be released;
(3) The bureau
of behavioral health, when the investigation involves an alleged victim who
receives services from a community mental health program or resides at a facility
overseen by the bureau of behavioral health, except that the reporter’s name
shall not be released;
(4) NH Hospital
or Glencliff home when the alleged victim who resides at the facility, except
that the reporter’s name shall not be released;
(5) The bureau
of developmental services, when the investigation involves an alleged victim
who resides in a facility or participates in a program overseen by the bureau
of developmental services, except that the reporter’s name shall not be
released;
(6) The office
of the state long-term care ombudsman, when the investigation involves an
alleged victim residing in a licensed nursing facility, licensed assisted
living facility, licensed residential care facility or licensed supported
residential care facility, except that
the reporter’s name shall not be released;
(7) The board
of nursing, when the investigation involves a victim who is alleged to have
been abused, neglected or exploited by an individual licensed by the board,
except that the reporter’s name shall not be released; and
(8) Agencies or
individuals who provide services to the alleged victim, except that the
reporter’s name shall not be released.
(b) When the investigation is completed, and a
determination has been made, information shall be released, if requested, to
the following agencies/individuals who request it, in accordance with the
provisions specified below:
(1) To the
victim and his/her guardian, if any, or, if the victim is deceased, the
executor or administrator of the victim’s will, a copy of the protective
investigation summary, except that the
reporter’s name shall not be released;
(2) To the
perpetrator and his/her guardian if any, a copy of the protective investigation
summary, but only when a founded determination has been made, except that the
reporter’s name shall not be released;
(3) To the
department of justice, a court-appointed attorney for the proposed ward or
ward, or any other law enforcement officials, a copy of the protective
investigation summary or any other requested information, including the
reporter’s name if requested;
(4) To a court,
a copy of the protective investigation summary or any other requested
information, including the reporter’s name if requested;
(5) To the
board of nursing and the health facilities administration, a copy of the
investigation summary, but only when a founded determination has been made,
except that the reporter’s name shall not be released;
(6) To the
bureau of behavioral health and the bureau of developmental services, only that
information that is needed by those bureaus to carry out their statutory
mandates, except that the reporter’s name shall not be released;
(7) To agencies
or individuals who are, or who will be, participants in providing services to
the victim, only that information needed to provide services, except that the
reporter’s name shall not be released;
(8) To a family
member or another individual who is petitioning for the appointment of a
guardian for a victim, only that information related to the petition for
guardianship except that the reporter’s name shall not be released; and
(9) To
employers as provided in RSA 161-F:49, VII, a copy of the protective
investigation summary, except that the name of the reporter, the last name of
the victim and the last name of any individual cited in the summary shall not
be released.
(c) When a disposition has been used, information
shall be released, if requested, to:
(1) The alleged
victim and his or her guardian, if any, or, if the alleged victim is deceased,
the executor or administrator of the alleged victim’s will, if the alleged
victim was contacted or interviewed, except that the reporter’s name shall not
be released;
(2) The alleged
perpetrator and his/her guardian, if any, provided that the alleged perpetrator
was contacted or interviewed, except that the reporter’s name shall not be
released; and
(3) The
department of justice, other law enforcement officials, a court-appointed
attorney for the proposed ward or ward, or a court, including the reporter’s
name, if requested.
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at
Chapter Heading for He-E 700) #10179, eff 9-1-12
He-E
701.23 The
Source. #5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff
10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at Chapter
Heading for He-E 700) #10179, eff 9-1-12
PART He-E 720
BUREAU OF ELDERLY AND ADULT SERVICES STATE REGISTRY
Statutory Authority: RSA 161-F:49
He-E 720.01 Purpose. The purpose of these rules is to describe:
(a) The process
for obtaining a confirmation of whether or not there is a match from the state
registry;
(b) The
confidentiality and expungement of information contained on the state registry;
and
(c) For an
employer of a program which is licensed, certified or funded by the department to
provide services to individuals, the process and criteria for granting a waiver
to employ a person whose name has been confirmed as a match on the state
registry.
Source. #10191, eff 9-27-12
He-E 720.02 Scope. These rules shall apply to any person or
agency seeking a confirmation of whether or not there is a match on the state
registry or seeking a waiver relative to a match on the state registry pursuant
to RSA 161-F:49, VII and VIII,
including:
(a) All employers
of programs which are licensed, certified, or funded by the department to
provide services to individuals;
(b) Any person
considering employing a private citizen to provide personal care services;
(c) Any person
considering designating another to serve as his or her agent under a power of
attorney or any type of durable power of attorney; and
(d) Any
individual, agency, or program which employs staff who provide direct services
to individuals.
Source. #10191, eff 9-27-12
He-E 720.03 Definitions.
(a) “Abuse”
means “abuse” as defined by RSA 161-F:43, II, namely, “any one of the
following:
(1) ‘Emotional abuse’
means the misuse of power, authority, or both, verbal harassment, or
unreasonable confinement which results or could result in the mental anguish or
emotional distress of an incapacitated adult;
(2) ‘Physical
abuse’ means the use of physical force which results in or could result in
physical injury to an incapacitated adult; or
(3) ‘Sexual
abuse’ means contact or interaction of a sexual nature involving an
incapacitated adult without his or her informed consent.”
(b) “Applicant”
means a prospective employee, contractor, consultant, or volunteer who, through
an employer if hired, might be in contact with individuals.
(c) “Bureau of
Elderly and Adult Services state registry (state registry)” means a database
containing information on founded reports of abuse, neglect or exploitation of
incapacitated adults by a paid or volunteer caregiver, guardian or agent acting
under the authority of any power of attorney or any durable power of attorney
pursuant to RSA 161-F: 49.
(d)
“Commissioner” means the commissioner of the
(e) “Employer”
means a person or agency that is licensed, certified, or funded by the
department to provide services to individuals.
(f)
“Exploitation” means “exploitation” as defined in RSA 161-F: 43, IV
namely, “the illegal use of an
incapacitated adult’s person or property for another person’s profit or advantage,
or the breach of a fiduciary relationship through the use of a person or a
person’s property for any purpose not in the proper and lawful execution of a
trust, including, but not limited to, situations where a person obtains money,
property or services from an incapacitated adult through the use of undue
influence, harassment, duress, deception, or fraud.”
(g) “Expunged”
means the removal of information contained on the state registry that relates
to matching a specific perpetrator’s name to a founded report of abuse,
neglect, or exploitation.
(h) “Founded
report of abuse, neglect or exploitation” means the determination that one or more of the allegations of abuse,
neglect, or exploitation of an incapacitated adult met one or more of the
definitions contained in RSA 161-F: 43, II (a), (b), (c), III, IV or VI
pursuant to a protective investigation completed in accordance with He-E 700.
(i) “Incapacitated” means incapacitated as
defined in RSA 161-F: 43, namely, VII “the physical, mental or emotional
ability of a person is such that he is unable to manage personal, home, or
financial affairs, in his own best interest, or he is unable to act or unable
to delegate responsibility to a responsible caretaker or caregiver.”
(j)
“Incapacitated adult” means a person aged 18 or older who is
incapacitated as defined in (i) above and RSA 161-F:
43, VII.
(k)
“Individual” means an individual, 18 years of age or older, found
eligible for or receiving services pursuant to RSA 171-A, RSA 135-C: 13 &
14, RSA 161-E & I or programs licensed under RSA 151:2, I(b), (e), or (f)
or who is an incapacitated adult, as defined under RSA 161-F:43, VII.
(l) “Match”
means
(m) “Neglect”
means “neglect” as defined in RSA 161-F: 43, III, namely, “an act or omission which
results or could result in the deprivation of essential services or supports
necessary to maintain the minimum mental, emotional or physical health and
safety of an incapacitated adult.”
(n)
“Perpetrator” means the individual who, following a protective
investigation completed in accordance with RSA 161-F:42-57 and He-E 700, is
found to have abused, neglected or exploited an incapacitated adult.
(o)
“Prospective agent” means a person being considered to act under the
authority of a power of attorney or any durable power of attorney.
Source. #10191, eff 9-27-12
He-E
720.04 State Registry.
(a) In
accordance with these rules, upon request,
(1) Employers;
(2) Private
citizens who:
a. Seek to
employ or contract with another private citizen to provide personal care
services; or
b. Wish to designate
a prospective agent;
(3) Persons
checking to see if their own names are included on the state registry;
(4) Courts in
accordance with RSA 464-A:4,V(c); and
(5) Any
individual, agency or program providing services to individuals.
(b) The agencies
and persons identified in (a)(1)-(3) and (5) above shall complete and submit a
consent form entitled “BEAS State Registry Consent Form,” Form 3655 (April
2011) to request the confirmation of whether or not there is a match.
(c) The
signature of the applicant, prospective agent, or person completing Form 3655
shall signify authorization for the release of the information in (f) below to
the agency or person who is identified on the form.
(d)
Confirmation of a match shall be confidential, and notification shall be
released in accordance with (f) below with a completed consent form as
described in (b) and (c) above.
(e) The
information contained on the state registry shall be retained for a period of 7
years, except upon receipt of an order from the probate division of the circuit
court that grants a perpetrator’s request to have the information on the state
registry expunged.
(f)
Notification to the agencies or persons identified in (a) above who
request state registry information shall include:
(1)
Confirmation of whether or not there is a match; and
(2) If there is
a match, information on how to request a waiver for employment.
(g) Third party
agencies or persons, such as an employment agency, and agencies not providing
services to individuals shall be prohibited from accessing the information
contained on the state registry.
Source. #10191, eff 9-27-12
He-E 720.05 Waiver for Employment.
(a) When the
applicant applying for employment with a program that is licensed, certified,
or funded by the department to provide services to individuals has been
confirmed as a match, the employer shall not hire the applicant unless a waiver
to hire such a person is requested and obtained from the department.
(b) Upon
receipt of a confirmed match, the employer in (a) above may, with the consent
of the applicant, request from
(c) Requests
for information contained in an investigation file shall:
(1) Be limited
to the protective investigation summary and supporting documents; and
(2) All
documents shall be redacted as appropriate for the purposes of maintaining
confidentiality.
(d) The
employer in (a) above shall submit to the commissioner a written request for a
waiver, to include:
(1) The
perpetrator’s written acknowledgement of the circumstances that resulted in the
founded determination;
(2) Written
documentation pertaining to any remedial action the perpetrator has taken
subsequent to the founded determination, including but not limited to:
a. A letter of recommendation from a
professional attesting to the action taken by the perpetrator to address the
actions or behaviors which led to the founded determination;
b. Documentation of participation in formalized
training related to issues that resulted in the founded determination; and
c. Any other remedial actions taken, such as
counseling; and
(3) A written
description of the employer’s plan to supervise the perpetrator so that the individuals
in the employer’s care will be safe, to include, at a minimum, the following:
a. A statement attesting that the employer has
read the department’s investigation report and is fully informed about the
circumstances that led to the perpetrator’s name being placed on the state
registry;
b. A description of the duties and
responsibilities that the perpetrator will be hired to do, so that the
department can evaluate the potential for risk to the individuals in the
employer’s care based upon whether or not there is a likelihood of reoccurrence
of the type of behavior that resulted in the perpetrator’s name being placed on
the state registry;
c. A description of an orientation and training
plan for the perpetrator regarding the employer’s policies and procedures on
the treatment of individuals in the employer’s care, as well as a schedule of
subsequent review of such policies and procedures;
d. A description of how the employer will
directly or indirectly supervise the perpetrator; and
e. A description of any other conditions of
continued employment.
(e) The
commissioner shall approve the waiver request if:
(1) All of the
information in (d) above is provided;
(2) The information
demonstrates that the employer is fully informed of the circumstances that
resulted in the perpetrator’s name being placed on the state registry; and
(3) After
reviewing the employer’s plan in (d)(3) above in relation to the documentation
in (d)(1) and (2) above, and the underlying circumstances of the finding
against the perpetrator which resulted in his or her name being placed on the
state registry, the commissioner determines that the perpetrator does not pose
a risk to the safety of the individuals in the employer’s care.
(f) The
commissioner shall deny the waiver request if:
(1) Any of the
information required in (d) above is not provided;
(2) The
information required by (d) above does not demonstrate that the employer is
fully informed of the circumstances that resulted in the perpetrator’s name
being placed on the state registry; or
(3) The
information provided does not affirmatively demonstrate that the perpetrator
does not pose a risk to the safety of individuals in the employer’s care.
(g) If the
waiver is approved, the employer shall retain the approved waiver and all of
the documents required by (d) above in the employee’s personnel file.
(h) Any waiver
granted by the commissioner in accordance with these rules shall not be
transferable to any other employer, employee or position.
Source. #10191, eff 9-27-12
He-E 720.06 Confidentiality
and Release of Information. Requests
from a perpetrator listed on the state registry for information contained in
the paper file will be limited to the protective investigation summary and the
supporting attachments listed therein.
Source. #10191, eff 9-27-12
APPENDIX
RULE |
STATUTE |
|
|
He-E 701.01 |
RSA 161-F:46; RSA 161-F:51; RSA-161-F:55 |
He-E 701.02 |
RSA 161-F:43; RSA
161-F:55; RSA 541-A:7 |
He-E 701.03 |
RSA 161-F:46; RSA 161-F:43,
II-V |
He-E 701.04 |
RSA 161-F:46, II; RSA
161-F:51; RSA 161-F:53; RSA 161-F:56 |
He-E 701.05 |
RSA 161-F:43, RSA
161-F:46; RSA 161-F:55 |
He-E 701.06 |
RSA 161-F:46; RSA
161-F:55; RSA 161-F:56 |
He-E 701.07 |
RSA 161-F:46, II; RSA 161-F:51,
53, 55, 56 |
He-E 701.08 |
RSA 161-F:55 |
He-E 701.09 |
RSA 161-F:49, I(c); RSA
161-F:49, II |
He-E 701.10 |
RSA 161-F:55 |
He-E 701.11 |
RSA 161-F:49, IX; RSA
161-F:55 |
He-E 701.12 |
RSA 161-F:49, II; RSA
161-F:55 |
He-E 701.13 – 701.14 |
RSA 161-F:55 |
He-E 701.15 |
RSA 161-F:55 |
He-E 701.16 |
RSA 161-F:49, II, IV, V |
He-E 701.17 |
RSA 161-F:51, I; RSA
161-F:42 |
He-E 701.18 |
RSA 161-F:51; RSA
161-F:42; RSA 161-F:43, I |
He-E 701.19 – 701.20 |
RSA 161-F:52; RSA 161-F:
55 |
He-E 701.21 – 701.22 |
RSA 161-F:57; RSA 161-F:
55 |
He-E 701.23 |
RSA 161-F:49 |
He-E 720.01 – He-E 720.06 |
RSA 161-F:49 |