reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:14 - Appeal.

170-E:14 Appeal. –
Any person aggrieved by any decision rendered after a rehearing held or an appeal brought under RSA 170-E:13, IV may appeal the decision to the superior court.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:15 - Operation Without a License.

170-E:15 Operation Without a License. –
Whenever the department is advised, or has reason to believe, that any person is operating a child day care agency without a license or permit, or in violation of any of the provisions of this subdivision, it may make an investigation to ascertain the facts. If it finds that such person is operating or has operated without a license or permit, or in violation of any of the provisions of this subdivision, the department shall issue by certified mail a notice informing such person of the violation and requesting that it cease operating within 24 hours of the date notice is received. The department may report the results of its investigation to the attorney general or to the appropriate county attorney for prosecution.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:16 - Advertising.

170-E:16 Advertising. –
A child day care agency licensed or operating under a permit issued by the department may publish advertisements of the services for which it is specifically licensed or issued a permit under this subdivision. No person who is required to obtain a license or permit under this subdivision may advertise or cause to be published an advertisement soliciting a child for child day care unless the person has obtained the requisite license or permit. A child care provider that is legally operating as a license exempt provider under RSA 170-E:3 shall not hold itself out in any way or advertise that it is licensed by the department, including using forms developed by the department for use by licensed child day care agencies.
Source.
1990, 257:8, eff. Jan. 1, 1991. 2016, 161:7, eff. June 3, 2016.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:17 - Investigation.

170-E:17 Investigation. –
I. If the department has reason to believe that state or federal funds solicited and received by a corporation for conduct of a child day care agency are not being used for the purpose for which the funds were awarded, or are being fraudulently used by the corporation or its members, or purportedly are being used for a facility or agency which is actually defunct, or are being used by or for an agency which no longer carries a valid license or permit, the department shall report these facts to the attorney general and request an investigation of the corporation to determine if the corporation should be dissolved or whether other action should be taken against the corporation or its members.
II. The department shall conduct an investigation of any complaint of violations of any licensing or operating standards against permitted or licensed child day care agencies. All investigations shall be conducted at reasonable times, with the cooperation of other state or municipal authorities, if required, and may include unannounced visits. The commissioner shall request an annual narrative summary of complaints received by the department.
III. Records compiled during an investigation shall be confidential and shall not be made public by the department.
Source.
1990, 257:8. 1995, 310:135, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:18 - Oaths; Subpoenas.

170-E:18 Oaths;  Subpoenas. –
I. The department shall have the power to administer oaths in any disciplinary proceedings.
II. Upon request of the commissioner, the attorney general shall be authorized, for good cause shown, to subpoena witnesses and to compel, by subpoena duces tecum, the production of papers and records in any disciplinary proceedings under this subdivision.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:19 - Records.

170-E:19 Records. –
Every child day care agency shall keep and maintain such records as the department shall prescribe by rule pertaining to the admission, progress, health and discharge of children under the care of the child day care agency and shall report relative to such matters to the department whenever called for, upon forms prescribed by rule. All records regarding children and all facts learned about children and their relatives shall be kept confidential both by the child day care agency and by the department.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:20 - Notice of Death.

170-E:20 Notice of Death. –
If any child under the control of any licensed child day care agency dies, the licensee shall give notice of such event to the department within 24 hours.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:21 - Penalty.

170-E:21 Penalty. –
I. Any natural person shall be guilty of a class A misdemeanor, and any other person shall be guilty of a class B felony, who conducts, operates, or acts as a child day care agency without a license or permit to do so in violation of RSA 170-E:4, I.
II. Any person shall be guilty of a misdemeanor who:
(a) Makes materially false statements to obtain or retain a license or permit.
(b) Fails to keep the records and make the reports required under this subdivision.
(c) Is required to obtain a license or permit under this subdivision and who advertises or causes to be published an advertisement soliciting a child for child day care which is not authorized by any license or permit held.
(d) Violates any other provision of this subdivision or any rule adopted under RSA 541-A by the commissioner for the enforcement of this subdivision.
(e) Holds themselves out in any way or advertises that they are licensed if they do not hold a license issued by the department.
II-a. Any person who operates a licensed or unlicensed child day care agency in violation of RSA 170-E:4, and, as a direct result of that persons' negligent operation, a child suffers permanent impairment to brain function, permanent paralysis, or other permanent debilitating injury, or death, shall be guilty of a class B felony.
III. Each day a violation continues to exist shall constitute a separate offense.
Source.
1990, 257:8. 2006, 76:2, eff. July 1, 2006. 2016, 161:4, 5, 8, eff. June 3, 2016.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:21-a - Administrative Fines.

170-E:21-a Administrative Fines. –
The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.
Source.
1991, 355:46, eff. July 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:22 - Injunctive Relief.

170-E:22 Injunctive Relief. –
Any person may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this subdivision or of the rules adopted under RSA 170-E:11; and the court shall adjudge relief, by way of injunction, which may be mandatory or otherwise as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purpose of this subdivision and the rules adopted under it. In a prosecution under this subdivision, a defendant who relies upon the relationship of any child to himself has the burden of proof as to that relationship.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:23 - Confidentiality and Investigations.

170-E:23 Confidentiality and Investigations. –
State registry files and all other related confidential information kept by any state agency may be used by the department for the purpose of investigation and licensure. The department shall strictly observe the confidentiality requirements of the agency from which it receives information.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:24 - Purpose.

170-E:24 Purpose. –
The purpose of this subdivision is to provide for the licensing of residential care and child-placing agencies.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:26 - Exemptions; Child Endangerment Prohibited.

170-E:26 Exemptions;  Child Endangerment Prohibited. –
I. The definitions in RSA 170-E:25, II and III shall not apply to the following:
(a) Families housing exchange students or up to 4 children in summer exchange programs.
(b) Nonresident families visiting the state for purposes of a vacation who have in their care foster children from their home state and have written approval of the out-of-state agency which supervises the foster children.
II. Families exempted from licensing pursuant to this section shall be subject to the provisions of RSA 170-E:27, II.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:27 - License Required; Prohibition Against Child Endangerment.

170-E:27 License Required;  Prohibition Against Child Endangerment. –
I. No person may establish, maintain, operate or conduct any agency for child care or for child-placing without a license or permit issued by the department under this subdivision.
II. No person, whether licensed as a child care agency or institution or child-placing agency, or exempted from licensing pursuant to RSA 170-E:26, I, shall care for a child in a manner which endangers the health, safety or welfare of the child. For purposes of this paragraph, endangerment shall mean the negligent violation of a duty of care or protection owed to such child or negligently inducing such child to engage in conduct which endangers his health or safety. Licensees in violation of this paragraph shall be subject to the provisions of RSA 170-E:35. Persons exempted from licensing who are in violation of this paragraph shall be enjoined by a court of competent jurisdiction in accordance with the provisions of RSA 170-E:46 from caring for such child and may be enjoined, as the court may determine, from caring for other children. The court in its order for injunctive relief shall provide for removal and placement of the child who is the subject of the order with an organization licensed pursuant to this subdivision.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:27-a - Homeless Youth Programs; Special Provisions.

170-E:27-a Homeless Youth Programs;  Special Provisions. –
Any child care agency which receives children for the purpose of providing a homeless youth program, as defined in RSA 170-E:25, II(d), shall be subject to the following provisions:
I. When a child 16 or 17 years of age contacts a homeless youth program requesting emergency shelter or homeless services, the program shall:
(a) Assess the child's essential needs, physical and mental health condition, and the circumstances that led the child to seek services.
(b) Upon completion of the assessment, but in no case later than 72 hours from the child's initial request for services, attempt to notify the child's parent or legal guardian that such child is present at the agency's facility. If compelling circumstances become evident during assessment which justify not notifying the parent or legal guardian, the program shall instead notify the department according to RSA 169-C:29. In this paragraph, the term "compelling circumstances" means circumstances which indicate that notifying the parent or legal guardian would subject the child to risk of abuse or neglect as defined in RSA 169-C:3.
(c) Notify the department no later than 30 days after the child's initial request for services if the program is unable to make contact with either of the child's parents or the legal guardian after reasonable attempts to do so.
II. Nothing in this section shall alter the legal relationship between parent or legal guardian and child, and in the absence of a court order directing otherwise, the program shall release the child to the custody of his or her parent or legal guardian upon request by the parent or guardian.
III. If the child is discharged from the program or voluntarily terminates participation in the program, the program shall immediately notify the parents or legal guardian; or the department if the parent or legal guardian has never consented to the child's placement in the program.
IV. A parent or legal guardian who consents in writing to the child's participation in a licensed homeless youth program shall not be deemed neglectful under RSA 169-C:3, XIX.
V. The agency may charge the child a reasonable fee for the services provided the child is working and/or has other regular income and such fee is within his or her ability to pay.
Source.
2001, 188:2, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:27-b - Immunization Requirements for Foster Family Homes.

170-E:27-b Immunization Requirements for Foster Family Homes. –
There shall be no vaccination or immunization requirements required of any children residing in a foster home that exceed vaccination or immunization requirements under RSA 141-C:20-a, either in type of vaccination or quantity of doses.
Source.
2023, 193:1, eff. Aug. 4, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:28 - Applications; Compliance With State and Local Codes Required.

170-E:28 Applications;  Compliance With State and Local Codes Required. –
I. Any entity which intends to receive children, or arranges for child care or child placement of one or more children unrelated to the operator, shall apply for a license to operate one or more of the types of facilities for child care. Application for a license to operate a child care agency or institution or a child-placing agency shall be made to the department in the manner and on forms prescribed by rules adopted by the commissioner under RSA 541-A. Such forms shall provide for the birth names, birth dates and addresses of all persons having responsibility for care or placement of children or regular contact with children at the institution or agency. The agency or institution shall obtain approvals in accordance with state and local requirements pertaining to health, safety and zoning as applicable; and, if the department is satisfied that the person, institution, agency, or program conforms to standards prescribed for the type of child care or child placement for which application is made, the department shall issue a license in proper form designating on that license the type of child care or child placement, the name and address of the person or institution, the duration of the license and, except for child-placing agencies, the age range, the gender, and the number of children to be served.
II. Either the state fire marshal or the local fire department shall review compliance of the foster family home with the state fire code. In conducting the review, the state fire marshal or local fire department shall apply the appropriate single family or multi-unit dwelling provisions of the state fire code. A foster family home shall be exempt from local fire regulations and ordinances, provided that the home complies with the requirements of the state fire code.
Source.
1990, 257:8. 2001, 77:1, eff. Aug. 18, 2001. 2019, 70:1, eff. Aug. 6, 2019.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:30 - Child Care Institution; Child-Placing Agency; Information Required.

170-E:30 Child Care Institution;  Child-Placing Agency;  Information Required. –
In addition to the steps required in RSA 170-E:29, the department, upon receiving an application and authorization filed by a child care institution or child-placing agency in proper order, shall, in cooperation with the operator, examine the facility or agency, and investigate the program and person or persons responsible for the care of children. When the facility or agency is administered through an executive board, board of trustees, board of directors, or other governing body, the names, addresses, and any connection of individuals on such bodies with the facility or agency shall be included. The institution or child-placing agency shall obtain and provide receipts of approval of state and local requirements pertaining to health, safety and zoning, as applicable. If the department is satisfied that the institution or child-placing agency conforms to the standards prescribed for the type of facility or agency to be operated, a license shall be issued. The commissioner or his designee may inspect the facility or agency at any time.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:31 - Issuance.

170-E:31 Issuance. –
I. Licenses shall be issued in such form and manner as prescribed by rules adopted by the commissioner under RSA 541-A and, for foster family homes, kinship care homes, and specialized care, shall be valid for 2 years from the date issued, unless revoked by the department, or voluntarily surrendered by the licensee, or subject to conditions attached to the license which provide for a shorter license period than 2 years.
II. The department may provide dual licensure to a facility or child-placing agency. Such licensure shall be granted only upon application and shall be contingent upon a determination, by the appropriate licensing units consulting with each other, that the standards of both programs have been met without compromising any licensing requirements. If the licensing units are unable to agree, the final decision shall be made by the commissioner.
III. Licensure for child care institutions and child-placing agencies shall be valid as follows:
(a) Group homes and child care institutions: 3 years from the effective date of the license.
(b) Child-placing agencies: 4 years from the effective date of the license.
IV. The department shall make monitoring visits a minimum of once yearly each licensing period. At least one such visit during the licensing period shall not be announced in advance; however, such unannounced visit is optional for foster family homes. Clear and comprehensive records shall be maintained by the department on each licensed facility showing the dates and findings of each such visit. Such records shall be made available to the facility. If the facility is found not to be in compliance either with the statute or the rules adopted by the commissioner, a corrective action plan shall be submitted to the department. Failure to submit an acceptable plan shall result in license suspension or revocation.
V. The department may issue a 6-month permit to a newly established facility for child care, or to an established facility which has changed its physical location, to allow that facility reasonable time to become eligible for full licensure. The 6-month permit may be issued immediately upon completion of the necessary licensing inspections. If the language on such permit allows it, the facility may begin operation immediately without waiting for the state office to complete the processing of the application.
Source.
1990, 257:8, eff. Jan. 1, 1991. 2022, 272:18, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:31-a - Deemed Licensed.

170-E:31-a Deemed Licensed. –
Any qualified residential treatment program accredited by organizations as specified in Title 42 of the Social Security Act, 42 U.S.C. section 672(k)(4)(G), as amended, shall submit a completed license application or renewal application. Such child care institutions and child care agencies defined as group homes, specialized care, or homeless youth programs, shall be deemed licensed under this subdivision and shall be exempt from inspections carried out under RSA 170-E:31, IV. This section shall only apply to the activities or portions of the facility or agency accredited under Title 42 of the Social Security Act, 42 U.S.C. section 672(k)(4)(G), as amended.
Source.
2021, 122:49, eff. July 9, 2021.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:32 - License Renewal.

170-E:32 License Renewal. –
I. A licensed child care agency, child care institution, or child-placing agency shall file for renewal of its license 3 months prior to the expiration date of the license on forms prescribed by rules adopted by the commissioner under RSA 541-A.
II. The department, a duly licensed child-placing agency, or a person designated by the department as its agent, shall reexamine every child care facility for renewal of its license, including examination of the premises, program, and such records of the facility as the department considers necessary to determine that minimum standards for licensing continue to be met. If the department is satisfied that the person, institution, or child-placing agency continues to maintain the minimum standards established by rule for that category of child care or child-placing, it shall renew the license to operate.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:33 - Record of Licenses.

170-E:33 Record of Licenses. –
I. The department shall keep in a central depository records of licenses issued under this subdivision and all monitoring reports that have been made relative to licensees. When a license is issued to a person or institution, the department shall give notice to the health officer and the fire department of the city or town in which the licensee is located stating the granting of such license and its terms. A like notice shall be given of any suspension or revocation of such license.
II. The license itself shall be considered public information and available for review by members of the public; information submitted in the application process, however, shall be private, confidential and not available for review.
III. For kinship family care licenses, the name of the children for which the license is issued shall be confidential and exempt from RSA 91-A.
Source.
1990, 257:8, eff. Jan. 1, 1991. 2022, 272:19, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:36 - Notice and Hearing.

170-E:36 Notice and Hearing. –
I. Should the department determine to suspend, revoke or deny, or refuse to renew a license or permit, it shall send to the applicant, licensee or permittee, by registered mail, a notice which sets forth the particular reasons for the determination. The suspension, revocation, or denial shall become final 10 days after receipt of such notice unless the applicant, licensee or permittee requests a hearing under paragraph II of this section.
II. Any applicant, licensee or permittee aggrieved by a decision of the department to suspend, revoke, deny, or refuse to renew a license or permit may appeal to the commissioner through an administrative hearings process. For purposes of carrying out the provisions of this section, the commissioner may, in accordance with the rules adopted by the department of personnel pursuant to RSA 541-A, appoint a hearings officer or officers, as necessary, to preside over such hearings. A hearings officer may affirm, deny or modify the decision of the department. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to procedures for the appeals process provided under this paragraph.
III. When the department decides to suspend, revoke, deny, or refuse to renew a license or permit, and it expressly finds that the continued operation of a child care facility or child-placing agency violates any minimum standard prescribed by law or rule, or otherwise jeopardizes the health, safety, morals, well-being or welfare of children served by the facility or child-placing agency, the department shall include in its notice an order of closure directing that the operation of the facility or child-placing agency terminate immediately. In this event, the facility or child-placing agency shall not operate during the pendency of any proceeding for the review of the decision of the department, except under court order.
IV. Rehearings and appeals from a decision of the hearings officer shall be in accordance with rules adopted under RSA 541-A.
V. On or before December 31, 2010, and each year thereafter, the department shall submit a report to the chair of the house standing committee on children and family law relative to the number of license or permit suspensions, revocations, denials, and appeals for that year.
Source.
1990, 257:8. 2010, 70:2, eff. July 18, 2010.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:37 - Appeal.

170-E:37 Appeal. –
Any person aggrieved by any decision rendered after a rehearing held or an appeal brought under RSA 170-E:36, IV may appeal the decision to the superior court.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:38 - Operation Without a License.

170-E:38 Operation Without a License. –
Whenever the department is advised, or has reason to believe, that any entity is operating a child care facility or child-placing agency without a license or permit, it may make an investigation to ascertain the facts. If it finds that the child care facility or child-placing agency is operating or has operated without a license or permit, the department may report the results of its investigation to the attorney general or to the appropriate county attorney for prosecution.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:39 - Advertising.

170-E:39 Advertising. –
A child care agency, child care institution, or child-placing agency licensed or operating under a permit issued by the department may publish advertisements of the services for which it is specifically licensed or issued a permit under this subdivision. No person who is required to obtain a license or permit under this subdivision may advertise or cause to be published an advertisement soliciting or offering care for a child for care or placement unless the person has obtained the requisite license or permit.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:40 - Investigation.

170-E:40 Investigation. –
I. If the department has reason to believe that state or federal funds solicited and received by a corporation for conduct of a child care facility or child-placing agency are not being used for the purpose for which the funds were awarded, or are being fraudulently used by the corporation or its members, or purportedly are being used for a facility or child-placing agency which is actually defunct, or are being used for a facility or child-placing agency which no longer carries a valid license or permit, the department shall report these facts to the attorney general and request an investigation of the corporation to determine if the corporation should be dissolved or whether other action should be taken against the corporation or its members.
II. The department shall conduct an investigation of any complaint of violations of any licensing or operating standards against permitted or licensed child care or child-placing agencies. All investigations shall be conducted at reasonable times, with the cooperation of other state or municipal authorities, if required, and may include unannounced visits. The commissioner shall request an annual narrative summary of complaints received by the department.
III. Records compiled during an investigation shall be confidential and shall not be made public by the department.
Source.
1990, 257:8. 1995, 310:137, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:41 - Oaths; Subpoenas.

170-E:41 Oaths;  Subpoenas. –
I. The department shall have the power to administer oaths in any disciplinary proceedings.
II. Upon request of the commissioner, the attorney general shall be authorized, for good cause shown, to subpoena witnesses and to compel, by subpoena duces tecum, the production of papers and records in any disciplinary proceedings under this subdivision.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:42 - Records.

170-E:42 Records. –
Every child care facility and child-placing agency shall keep and maintain such records as the department prescribes pertaining to the admission, progress, health, and discharge or placement, or both, of children under the care of the facility or child-placing agency, and shall report relative to such matters to the department whenever called for, upon forms prescribed by rule. All records regarding children and all facts learned about children and their relatives shall be kept confidential by the child care facility, the child-placing agency, and the department.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:43 - Notice of Death.

170-E:43 Notice of Death. –
If any child under the control of any licensed child care agency or institution dies, the licensee shall give notice of such event to the department within 24 hours thereafter stating the date and cause of death, to the extent known, duration of the most recent illness, and the names and addresses of the attending physician and undertaker.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:44 - Reports to the Department of Health and Human Services.

170-E:44 Reports to the Department of Health and Human Services. –
I. Any child care facility or child-placing agency receiving a child for care or supervision from a foreign state or country shall report that child to the department of health and human services in the same manner as it is required for reporting other children pursuant to RSA 170-A:1.
II. A person other than a licensed child care institution or child-placing agency shall not receive a child from a foreign state or country without prior notice to and approval of the department of health and human services. Any placement of children shall conform to RSA 170-A and RSA 170-B:28.
III. The department of health and human services may require a guarantee that a child accepted for care or supervision from a foreign state or country will not become a public charge upon this state.
IV. The department of health and human services may enter into agreements with public or voluntary social agencies headquartered in states adjacent to this state regarding the placement of children in licensed foster family homes within the boundaries of this state if the agencies meet the standards and criteria required for license as a child-placing agency in this state. The agreements may allow foreign agencies to place and supervise children for whom they have responsibility with this state without regard to paragraph I. These agreements shall, however, include a requirement that the agencies cooperate fully with the department in its inquiry or investigation into the activities and standards of those agencies, and provide that the department of health and human services may, at any time upon 15 days' written notice to an agency by registered mail, void the agreement and require the observance of paragraph I.
V. The department of health and human services shall perform its duties under this section with the approval of the commissioner.
Source.
1990, 257:8. 1994, 212:2. 1995, 310:175, 181. 2004, 255:5, eff. Jan. 2, 2005.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:45 - Penalty.

170-E:45 Penalty. –
I. Any person shall be guilty of a misdemeanor who:
(a) Conducts, operates or acts as a child care facility or child-placing agency without a license or permit to do so in violation of RSA 170-E:27, I;
(b) Makes materially false statements in order to obtain or retain a license or permit;
(c) Fails to keep the records and make the reports required under this subdivision;
(d) Is required to obtain a license or permit under this subdivision and who advertises or causes to be published an advertisement for a service which is not authorized by any license or permit held;
(e) Violates any other provision of this subdivision or any rule adopted under RSA 541-A by the commissioner for the enforcement of this subdivision;
(f) Fails to comply with the requirements for notifying parents, legal guardians, or the department under RSA 170-E:27-a, I.
II. Foster family homes and kinship care homes which have not been licensed but which have been asked to receive children by the department or another child-placing agency on an emergency basis shall not be subject to the penalty provided in subparagraph I(a). The exemption provided in this paragraph is valid for a period of 180 days from the date of placement of the child in the home.
III. Each day a violation continues to exist shall constitute a separate offense.
Source.
1990, 257:8. 1995, 310:175. 2001, 188:3, eff. Sept. 3, 2001. 2022, 272:20, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:46 - Injunctive Relief.

170-E:46 Injunctive Relief. –
Any person may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this subdivision or of the rules adopted under RSA 170-E:34; and the court shall adjudge relief, by way of injunction, which may be mandatory or otherwise as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purpose of this subdivision and the rules adopted under it. In a prosecution under this subdivision, a defendant who relies upon the relationship of any child to himself has the burden of proof as to that relationship.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:47 - License Remains in Effect.

170-E:47 License Remains in Effect. –
Any license issued under this subdivision remains valid until its expiration date, unless revoked by the department, or until the date established by conditions placed on the license.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:48 - Retaliation Prohibited.

170-E:48 Retaliation Prohibited. –
A child care agency or child-placing agency license holder shall not retaliate, through discharge, harassment, or other discrimination, against an employee who in good faith reports a suspected violation of the provisions of this subdivision and rules adopted under it. Such retaliation shall constitute grounds for license revocation.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:49 - Confidentiality and Investigations.

170-E:49 Confidentiality and Investigations. –
The department may request and shall receive cooperation from other state agencies in connection with investigations and licensure. Because certain information kept by other state agencies and requested by the department may be confidential, the department shall strictly observe the confidentiality requirements of the agency from which it receives information.
Source.
1990, 257:8, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:50 - Credentialing of Personnel in Early Care and Education Programs; Rulemaking.

170-E:50 Credentialing of Personnel in Early Care and Education Programs;  Rulemaking. –
I. The commissioner shall adopt rules, under RSA 541-A, relative to accepting applications and issuing a credential to early care and education personnel including, but not limited to child care, preschool, and Head Start program personnel who have requested such a credential and who have satisfied the education and training requirements set forth in the child care program licensing rules established by the department of health and human services. Each application for a credential shall be accompanied by a fee which shall be credited to the general fund. The commissioner shall adopt rules, under RSA 541-A, establishing a fee for this purpose.
II. The department of health and human services shall incorporate this program, funded by the fee established in paragraph I of this section, into the next biennial department budget after the effective date of this section.
Source.
1999, 185:1, eff. Aug. 31, 1999.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:51 - Collaboration Between the Department of Health and Human Services and Foster Parents.

170-E:51 Collaboration Between the Department of Health and Human Services and Foster Parents. –
The general court finds that foster parents providing care for children who are in the custody of the department of health and human services play an integral, indispensable, and vital role in the department's effort to care for dependent children displaced from their homes. The general court further finds that it is in the best interest of the department of health and human services to acknowledge foster parents as active and participating members of this system and to support them through the following foster parent rights, as primary caregivers for children in the care and custody of the state of New Hampshire.
Source.
2018, 301:1, eff. Aug. 24, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:52 - Foster Parents.

170-E:52 Foster Parents. –
When a child is placed in a foster home pursuant to a juvenile court order:
I. The foster parent shall be treated with consideration and respect.
II. The department of health and human services shall consult with the foster parent prior to the release of the foster parent's address, phone number, or other personally identifying information to the child's parent or guardian.
III. The department of health and human services shall make a representative of the department available 24 hours a day, 7 days a week, for the purpose of aiding the foster parent in caring for the acute needs of the foster child.
IV. The foster parent shall be given timely notice of scheduled meetings and appointments involving the foster child. The foster parent shall:
(a) Be provided with a written copy of information pertinent to the care of the child.
(b) Receive reasonable notice of any changes to the case plan as related to the child.
(c) Be apprised of the number of times the child has moved from one foster home to another and, as appropriate, the reasons therefor, as related to the child.
(d) Have the ability to request a team meeting to address concerns specific to the child.
V. The foster parent shall be given reasonable notice of any plan to remove a child from the foster home. The notice shall include the reason for the change or termination in placement, provided there is no concern for the safety and welfare of the child.
VI. Pursuant to RSA 169-C:14, the foster parent shall receive notice of all court proceedings, may submit written reports, and, at the court's discretion, may attend such hearings and provide oral reports of the child's behavior, progress, and developmental, educational, and healthcare needs.
Source.
2018, 301:1, eff. Aug. 24, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:53 - Extension of Foster Care Beyond the Age of 18.

170-E:53 Extension of Foster Care Beyond the Age of 18. –
I. The commissioner of the department of health and human services shall, not later than 6 months after the effective date of this section, submit an amendment to the state plan required by 42 U.S.C. section 671 to the United States secretary of health and human services to implement 42 U.S.C. section 675(8) to make federal payments for foster care under Title IV-E directly on behalf of any person who meets the following requirements:
(a) The person has attained the age of 18 but not attained the age of 21.
(b) The person was in the custody of the department of health and human services upon attaining the age of 18.
(c) The person signs a voluntary participation agreement.
(d) The person:
(1) Is completing secondary education or a program leading to an equivalent credential; or
(2) Is enrolled in an institution that provides postsecondary or vocational education; or
(3) Is participating in a program or activity designed to promote, or remove barriers to, employment; or
(4) Is employed for at least 80 hours per month; or
(5) Is incapable of doing any of the activities described in subparagraphs (1)-(4) due to a medical condition, which incapacity is supported by regularly updated information in the person's case record or plan.
II. Any person who meets the requirements of paragraph I may apply for extended foster care payments and services pursuant to such application as the department may require. If a person who meets the requirements of paragraph I refused services at the time of the person's eighteenth birthday, such person may apply to regain services at any time prior to his or her twenty-first birthday.
III. Such services shall be in addition to any other transitional services or programs for which the individual may be eligible, including but not limited to those provided pursuant to 42 U.S.C. section 677, the John H. Chafee Foster Care Program for Successful Transition to Adulthood. Not less than 6 months after the effective date of this section, the commissioner of the department of health and human services shall submit any amendment to the state plan or certification required under 42 U.S.C. section 677(b)(3) to provide assistance and services to individuals who have aged out of foster care and have not attained 23 years of age.
Source.
2019, 175:1, eff. Sept. 8, 2019.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:53-a - Purpose.

170-E:53-a Purpose. –
The purpose of this subdivision is to provide for the licensing of recreation camps and certification of criminal background checks for youth skill camps.
Source.
2019, 346:133, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:54 - Rulemaking.

170-E:54 Rulemaking. –
I. The commissioner shall adopt rules under RSA 541-A relative to:
(a) Issuance of licenses to recreation camp operators under RSA 170-E:56, I.
(b) Requirements for performing criminal background checks at youth skill camps and certifying acceptable results as required under RSA 170-E:56 and establishing appropriate sanctions and penalties for failing to perform the required background checks.
II. The commissioner shall adopt all other necessary rules under RSA 541-A, relative to public health and safety issues for the protection of persons attending recreation camps regulated under RSA 170-E:56, I.
Source.
2019, 346:133, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-E - Child Day Care, Residential Care, and Child-Placing Agencies › Section 170-E:55 - Definitions.

170-E:55 Definitions. –
I. "Recreation camp" means any place set apart for recreational purposes for children. It shall not apply to group child day care centers and preschool programs as defined in RSA 170-E:2, private camps owned or leased for individual or family use, or to any camp operated for a period of less than 10 days in a year.
II. "Youth skill camp" means a nonprofit or for-profit program that lasts 8 hours total or more in a year for the purpose of teaching a skill to minors. Such camps include, but are not limited to, the teaching of sports, the arts, and scientific inquiry.
Source.
2019, 346:133, eff. Jan. 1, 2020. 2023, 209:6, eff. Oct. 3, 2023.