reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-B - Adoption › Section 170-B:32 - Unauthorized Advertising for Adoption Purposes; Exceptions; Penalty.

170-B:32 Unauthorized Advertising for Adoption Purposes;  Exceptions;  Penalty. –
I. In this section:
(a) "Advertise through a public medium" means to communicate by any public medium, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, television, or by computerized communication system, which includes an Internet site, an Internet profile, or any similar medium of communication provided via the Internet. "Advertising through a public medium" does not include communicating through personal or work electronic mail, text, or telephone.
(b) "Another jurisdiction" means the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, an Indian tribe, or a state of the United States other than New Hampshire.
(c) "Child" means a person less than 18 years of age.
II. Except as described in paragraph III, it is unlawful to advertise through a public medium for one of the following purposes:
(a) To find a child to adopt or to otherwise take permanent physical custody of a child;
(b) To find an adoptive home or any other permanent physical placement for a child or to arrange for or assist in the adoption, adoptive placement, or any other permanent physical placement of a child; or
(c) To offer to place a child for adoption or in any other permanent physical placement with another person.
III. Paragraph II shall not apply to:
(a) An employee of the department of health and human services or a licensed child-placing agency, who is acting within the scope of his or her employment to place a child for adoption or in foster care;
(b) An adoption exchange whose membership includes licensed child-placing agencies that provide information and referral services to find adoptive homes and to promote adoption;
(c) An individual or organization that has entered into an agreement with or is actively working with any of the agencies or entities described in paragraph (a) or (b) to place a child for adoption;
(d) A person who advertises fertility-related services;
(e) An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent in this state from the department of health and human services or a child-placing agency licensed in this state or in another jurisdiction from an entity authorized by that jurisdiction to conduct studies of potential adoptive homes;
(f) An individual who expresses a general interest in becoming an adoptive parent; or
(g) An attorney who is licensed to practice in New Hampshire who advertises his or her availability to practice or provide services relating to the adoption of children.
IV. Unauthorized advertising of a child, as described in paragraph II, is a misdemeanor.
Source.
2016, 159:1, eff. July 1, 2016.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-B - Adoption › Section 170-B:33 - Unlawful Placement of a Child for Adoption.

170-B:33 Unlawful Placement of a Child for Adoption. –
It shall be unlawful for a child's parent or legal guardian to knowingly place a child for adoption, or knowingly attempt to place a child for adoption through the use of a power of attorney or other legal document in this state unless such parent or legal guardian follows the procedures for adoption set out in this chapter. If a parent or legal guardian transfers physical custody of the child with the intent to permanently transfer physical and legal custody of the child to another and does not follow such procedures within 6 months of transferring physical custody of the child to another, he or she shall be deemed to have abandoned the child as described in RSA 170-C:5, I and shall be guilty of endangering the welfare of a child under RSA 639:3.
Source.
2016, 159:1, eff. July 1, 2016.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-C - Termination of Parental Rights › Section 170-C:1 - Purpose.

170-C:1 Purpose. –
The purpose of this chapter is to provide for the involuntary termination of the parent-child relationship by a judicial process which will safeguard the rights and interests of all parties concerned and when it is in the best interest of the child. Implicit in this chapter is the philosophy that whenever possible family life should be strengthened and preserved, and that the parent-child relationship is to be terminated only when the adoption of that child may be contemplated.
Source.
1973, 523:1, eff. Aug. 31, 1973.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-C - Termination of Parental Rights › Section 170-C:3 - Jurisdiction.

170-C:3 Jurisdiction. –
The probate court shall have exclusive original jurisdiction over petitions to terminate the parent-child relationship when the child involved is present in the state or is in the legal custody or legal guardianship of an authorized agency located in the state. The petition shall be filed in the probate court of the county in which the child or his parents reside at the time of filing of the petition, or in the probate court of the county in which the authorized agency has provided services to the child.
Source.
1973, 523:1. 1983, 331:6, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-C - Termination of Parental Rights › Section 170-C:4 - Petition.

170-C:4 Petition. –
A petition for termination of the parent-child relationship may be filed by the following:
I. Either parent when termination of the parent-child relationship is sought with respect to the other parent.
II. The guardian of the person or the legal custodian of the child or the foster parents. Foster parents may file only when the following conditions are met:
(a) The child has lived in the foster home continuously for 24 months; and
(b) The foster parents have requested in writing the licensed child-placing agency to legally free the child for adoption, but that the agency has not initiated proceedings, and there is reasonable cause to believe that grounds exist.
III. An authorized agency.
Source.
1973, 523:1. 1981, 381:1, eff. Aug. 22, 1981.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-C - Termination of Parental Rights › Section 170-C:5-a - Termination of the Parent-Child Relationship in Cases of Sexual Assault.

170-C:5-a Termination of the Parent-Child Relationship in Cases of Sexual Assault. –
A petition for termination of the parent-child relationship shall be granted in cases where the child's birth is the result of sexual assault of the birth mother and where termination of the parent-child relationship is in the best interests of the child. Upon a showing, beyond a reasonable doubt, that the child's birth is the result of sexual assault of the birth mother, there shall be a rebuttable presumption that termination of the biological father's parent-child relationship with the child is in the best interest of the child. This section shall apply to a person who has been found to be the father of a child and who:
I. Has been convicted of or who has pled guilty or nolo contendere to a violation of sexual assault as defined in RSA 632-A:2 through RSA 632-A:4, or a similar statute in another state against the birth mother for his conduct in fathering the child; or
II. At a fact-finding hearing, is found beyond a reasonable doubt to have fathered the child through an act of non-consensual sexual penetration.
Source.
2014, 244:1, eff. Jan. 1, 2015. 2017, 93:1, eff. Jan. 1, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-C - Termination of Parental Rights › Section 170-C:6 - Contents of Petition.

170-C:6 Contents of Petition. –
The petition for the termination of the parent-child relationship shall include, to the best information or belief of the petitioner:
I. The name and place of residence of the petitioner.
II. The name, sex, date and place of birth, and residence of the child.
III. The basis for the court's jurisdiction.
IV. The relationship of the petitioner to the child, or the fact that no relationship exists.
V. The names, addresses, and dates of birth of the parents.
VI. When the child's parent is a minor, the names and addresses of said minor's parents or guardian of the person.
VII. The names and addresses of the person having legal custody or guardianship of the person or acting in loco parentis to the child or the organization or authorized agency having legal custody or providing care for the child.
VIII. The grounds on which termination of the parent-child relationship is sought.
IX. The names of the authorized agency to whom or to which legal custody or guardianship of the person of the child may be transferred.
Source.
1973, 523:1, eff. Aug. 31, 1973.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-C - Termination of Parental Rights › Section 170-C:7 - Notice.

170-C:7 Notice. –
After a petition has been filed, the court shall set the time and place for a hearing and shall give notice thereof to the petitioner who shall cause notice to be given to the parents of the child, the guardian of the person of the child, the person having legal custody of the child, any individual standing in loco parentis to the child, and the guardian ad litem of any party. Where the child's parent is a minor, notice shall also be given to said minor's parents or guardian of the person unless the court is satisfied, in the exercise of its discretion, that such notice is not in the best interest of said minor and that it would serve no useful purpose. Notice shall be given by personal service to the parent whose parental rights may be terminated pursuant to the petition that has been filed. Where it shall appear impractical to personally serve said parent, the court shall order service by certified mail to the parent's last known address or publication once a week for 2 successive weeks in a newspaper of general circulation in the area where that person was last domiciled or both. All other parties shall be given notice by regular mail at their last known address. The hearing shall take place no sooner than 20 days after service of notice, except that if notice is by publication the hearing shall take place no sooner than 7 days after the last date of publication.
Source.
1973, 523:1. 1974, 18:3, eff. April 2, 1974.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-C - Termination of Parental Rights › Section 170-C:8 - Guardian Ad Litem.

170-C:8 Guardian Ad Litem. –
When termination of the parent-child relationship is sought under RSA 170-C:5, IV, the court shall appoint a guardian ad litem for the alleged incompetent parent. The court shall appoint a guardian ad litem to represent the interests of the child in all termination hearings. The court may, in any other case, appoint a guardian ad litem, as may be deemed necessary or desirable, for any party.
Source.
1973, 523:1, eff. Aug. 31, 1973.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-C - Termination of Parental Rights › Section 170-C:9 - Social Study Prior to Disposition.

170-C:9 Social Study Prior to Disposition. –
I. Upon the filing of a petition, the court shall direct that a social study be made by the department of health and human services or by any other authorized agency and that a report in writing of such study be submitted to the court prior to the hearing. The social study shall include the circumstances of the petition, the social history, the present condition of the child and parents, proposed plans for the child, and such other facts as may be pertinent to the parent-child relationship. The purpose of the social study is to aid the court in making disposition of the petition and shall be considered by the court prior thereto. Copies of the social study shall be made available to the parties' attorneys. The contents of said study shall be treated in a confidential manner so as not to injure any party.
II. If the petition is filed by one parent with respect to the other parent, the court may waive or limit the extent of the social study otherwise required by this section. In such cases, the age of the child shall be considered; as well as the alleged grounds for termination of parental rights; the length of time the child has lived with the stepparent, if any; and the wishes of the child, parents, and other persons found by the court to have an appropriate interest in the child.
Source.
1973, 523:1. 1983, 291:1. 1986, 223:7. 1987, 174:4. 1994, 212:2. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-C - Termination of Parental Rights › Section 170-C:9-a - Evaluations.

170-C:9-a Evaluations. –
The court, at any time prior to the final decree, may order the child who is subject to the petition or the parents of such child or both the child and the parents to undergo a mental health evaluation. Such an evaluation shall be done at a mental health center or elsewhere by one or more psychiatrists or clinical psychologist or one of each acting together, as ordered by the court, who shall provide a written assessment of the subject evaluated to the court.
Source.
1979, 332:2, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-C - Termination of Parental Rights › Section 170-C:10 - Hearing.

170-C:10 Hearing. –
Cases under this chapter shall be heard by the court sitting without a jury. The hearing may be conducted in an informal manner and may be adjourned from time to time. The general public and any member of the news media shall be excluded, and only such persons admitted whose presence is requested by any person entitled to notice under RSA 170-C:7 or as the judge shall find to have a direct interest in the case or in the work of the court; provided that persons so admitted shall not disclose any information secured at the hearing which would identify an individual child or parent who is involved in the hearing. The court may require the presence of witnesses deemed necessary to the disposition of the petition. When termination of the parent-child relationship is sought, the parent shall be notified at the same time notice is given pursuant to RSA 170-C:7 of his or her right to counsel, and if counsel is requested and the parent is financially unable to employ counsel, counsel shall be provided by the court and shall be paid for by the judicial council in accordance with RSA 170-C:13, III. The court's finding with respect to grounds for termination shall be based upon proof beyond a reasonable doubt, provided that relevant and material information of any nature, including that contained in reports, studies or examinations, may be admitted and relied upon to the extent of its probative value. When information contained in a report, study or examination is admitted in evidence, the person making such a report, study or examination shall be subject to both direct and cross-examination if he or she is residing or working within the state, or if he or she is otherwise reasonably available.
Source.
1973, 523:1. 2013, 104:1, eff. July 1, 2013. 2017, 85:1, eff. June 2, 2017.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-C - Termination of Parental Rights › Section 170-C:11 - Decree.

170-C:11 Decree. –
I. Every order of the court terminating the parent-child relationship or transferring legal custody or guardianship of the person of the child shall be in writing and shall recite the findings upon which such order is based, including findings pertaining to the court's jurisdiction.
II. If the court finds grounds for the termination of the parent-child relationship, it shall terminate such relationship and appoint the department of health and human services or another authorized agency as guardian of the child's person and vest legal custody in such agency. The court shall also make an order fixing responsibility for the child's support.
III. Notwithstanding the provisions of RSA 170-C:11, II, the court may terminate the parent-child relationship with respect to one parent without affecting the relationship between the child and the other parent, and unless the court finds that the best interest of the child requires substitution or supplementation of parental care and supervision, it shall award guardianship and vest legal custody in the other parent.
IV. Where the court does not order termination of the parent-child relationship, it shall dismiss the petition; provided, however, that where the court finds that the best interest of the child requires substitution or supplementation of parental care and supervision, it shall make an order awarding guardianship with the department of health and human services or an authorized agency and fixing responsibility for temporary child support.
V. The court shall issue a decision which shall include a disposition not later than 60 days after the date of the final hearing.
VI. The status of all children for whom termination decrees have been issued and for whom guardianship for the purpose of adoption has been granted to the department of health and human services shall be reviewed at least once a year following the initial decree until the adoption decree has been finalized.
Source.
1973, 523:1. 1975, 280:6, 7. 1979, 332:3. 1983, 291:1; 416:24. 1985, 367:3. 1986, 223:7. 1994, 212:2. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-C - Termination of Parental Rights › Section 170-C:12 - Effect of Decree.

170-C:12 Effect of Decree. –
An order terminating the parent-child relationship shall divest the parent and the child of all legal rights, privileges, duties and obligations. A guardian appointed under this chapter may give his consent to the adoption of such child in lieu of the parents whose parent-child relationship has been terminated by the decree of the court. The rights of inheritance of both the parent and the child shall not be divested until the adoption of said child.
Source.
1973, 523:1, eff. Aug. 31, 1973.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-C - Termination of Parental Rights › Section 170-C:13 - Fees and Court Costs.

170-C:13 Fees and Court Costs. –
I. The petitioner shall pay all entry fees and court costs including costs of giving notice, costs of advertising, and court-appointed guardian ad litem fees. The court, however, may waive entry fees and court costs where payment would work a hardship on the petitioner. Where the court waives payment by the petitioner, the state, through the court system, shall pay court costs. The judicial council shall pay the cost of a CASA guardian ad litem appointed for the child or other guardian ad litem in cases arising from an underlying abuse and neglect proceeding when the state is the moving party or in cases where payment would work a hardship on the petitioner. The cost of such appointment, including counsel and investigative, expert, or other services and expenses necessary to provide adequate representation, shall be paid from funds appropriated for indigent defense pursuant to RSA 604-A.
II. The department of health and human services is exempted from paying any entry fees and court costs.
III. When appointment of counsel is made by the court pursuant to RSA 170-C:10 for a parent determined to be financially unable to employ counsel, the court shall use a financial eligibility guideline established by the office of cost containment to determine if the party is indigent. Upon determination that the party is indigent, the court may appoint counsel, subject to an order of repayment through the office of cost containment. The judicial council shall bear the financial responsibility for the payment of costs for attorneys appointed pursuant to RSA 170-C:10 in accordance with the financial eligibility guideline established by the office of cost containment. The cost of such appointment, including counsel and investigative, expert, or other services and expenses necessary to provide adequate representation, shall be paid from funds appropriated for indigent defense pursuant to RSA 604-A. Counsel shall petition the court for investigative, expert, or other services necessary to provide adequate representation. If the court finds that such services are necessary and that the parent is financially unable to obtain them, the court shall authorize counsel to obtain the necessary services on behalf of the parent. Services authorized under this section shall not include the payment of expenses that are the responsibility of any other agency pursuant to RSA 169-C or this chapter.
Source.
1973, 523:1. 1983, 291:1. 1986, 223:7. 1987, 333:1. 1994, 212:2. 1995, 310:181. 2002, 9:5. 2011, 224:78. 2013, 104:2, eff. July 1, 2013. 2021, 207:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-C - Termination of Parental Rights › Section 170-C:14 - Confidentiality of Records.

170-C:14 Confidentiality of Records. –
I. All hearings held in termination proceedings shall be in closed court without admittance of any person other than essential officers of the court, the parties, their witnesses, counsel, and representatives of the agencies present to perform their official duties.
II. All papers and records, including birth certificates, pertaining to the termination, whether part of the permanent record of the court or of a file in the department, in an agency or office of the town clerk, or in the division of vital records administration are subject to inspection only upon written consent of the court for good cause shown.
III. Notwithstanding paragraph II, if the New Hampshire department of health and human services has petitioned for termination of parental rights under this chapter and the child named in the petition resides with a foster parent who intends to adopt the child, the department may share information regarding the status of the case with the child's foster parent.
IV. If any person shall violate any of the provisions of this section, he or she shall be subject to the following penalty:
(a) If the offense occurs prior to November 1, 1973, he or she shall be fined $500 or be imprisoned for 6 months, or both.
(b) If the offense occurs on or after November 1, 1973, he or she shall if a natural person be guilty of a misdemeanor, and any other person shall be guilty of a felony.
Source.
1973, 523:1. 1995, 310:175. 2003, 319:63, eff. July 1, 2003. 2015, 235:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 170-C - Termination of Parental Rights › Section 170-C:15 - Appeals.

170-C:15 Appeals. –
Any party aggrieved by any order or decree of the court may appeal to the supreme court. The pendency of an appeal, or an application therefor, shall not suspend the order of the court regarding the child.
Source.
1973, 523:1, eff. Aug. 31, 1973. 2020, 37:40, eff. Sept. 27, 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:1 - Purpose.

170-E:1 Purpose. –
The purpose of this subdivision is to provide for the licensing of child day care 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:3 - Exemptions; Child Endangerment Prohibited.

170-E:3 Exemptions;  Child Endangerment Prohibited. –
I. The definitions in RSA 170-E:2, IV shall not apply to the following:
(a) Kindergartens, nursery schools, or any other daytime programs operated by a public or private elementary or secondary school system or institution of higher learning.
(b) Programs offering instruction to children, including but not limited to athletics, crafts, music, or dance, the purpose of which is the teaching of a skill.
(c) Private homes in which any number of the provider's own children, whether related biologically or through adoption, and up to 3 additional children are cared for regularly for any part of the day, but less than 24 hours, unless the caregiver elects to comply with the provisions of this chapter and be licensed.
(d) Child care services offered in conjunction with religious services attended by the parent or offered solely for the purpose of religious instruction.
(e) Facilities operated as a complimentary and limited service for the benefit of the general public in connection with a shopping center, ski area, bowling alley, or other similar operation where the parents or custodians of the serviced children are on the premises or in the immediate vicinity and are readily available.
(f) Municipal recreation programs, including after-school and summer recreation programs.
(g) Any recreational program as defined in RSA 170-E:2, XI-a.
(h) Private homes in which the only children in care are the provider's own children, children related to the provider, and children residing with the provider.
(i) A facility licensed as a family child care provider by a branch of the United States Department of Defense, Army, Navy, Marine Corps, Air Force, Space Force, or by the United States Coast Guard.
II. Persons administering programs exempted from licensing pursuant to this section shall be subject to the provisions of RSA 170-E:4, II.
III. Whenever a child day care that is license exempt under subparagraphs I(c), (e), (f), or (g) accepts a new child into the program, the provider shall inform the child's parent or legal guardian that the program is not licensed and is operating as a legally license exempt program.
IV. If a licensed child day care agency ceases operating as a licensed program and continues to provide child care services as a legally license exempt provider, it shall notify the department of the date it ceased being licensed, return its license to the department, and notify the parent or legal guardian of all children in the program or who enroll in the program that it is no longer licensed by the department.
Source.
1990, 257:8. 1994, 375:1. 1995, 114:1. 1998, 119:1. 2004, 235:1. 2005, 156:2, eff. Aug. 20, 2005. 2016, 161:6, eff. June 3, 2016. 2023, 21:5, eff. July 3, 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:3-a - Criminal Records and Central Registry Check of Child Day Care Providers Exempt From Licensing.

170-E:3-a Criminal Records and Central Registry Check of Child Day Care Providers Exempt From Licensing. –
Any child day care providers exempt from licensing under RSA 170-E:3 which receive state funds or subsidies in payment for the provision of child day care shall, as a condition of receiving state funds or subsidies, provide their names, birth names, birth dates and addresses, and the same information for any individual residing in the child day care provider's household who may be responsible for the care of, or is in regular contact with children, to the department prior to the receipt of state funds or subsidies on or before July 1, 1999, and every 3 years thereafter. The department shall conduct criminal records and central registry checks on these names in accordance with the provisions of RSA 170-E:7.
Source.
1998, 147:1, eff. Jan. 1, 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:4 - License Required; Prohibition Against Child Endangerment.

170-E:4 License Required;  Prohibition Against Child Endangerment. –
I. No person shall establish, maintain, operate or conduct any child day care agency without a license or permit issued by the department under this subdivision. The requirements of this chapter applicable to licensed child day care agencies shall apply with equal force to any child day care agency required to be licensed under this chapter that is not so licensed.
II. No child care provider, whether licensed as a child day care agency, required to be licensed as a child day care agency under paragraph I, or exempted from licensing pursuant to RSA 170-E:3, 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 or her health or safety. Endangerment shall also include corporal punishment, as defined by the department. Licensees in violation of this paragraph shall be subject to the provisions of RSA 170-E:12. 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:22 from caring for such child and may be enjoined, as the court may determine, from caring for other children. Persons operating a child day care agency without a license in violation of paragraph I who engage in negligent conduct that endangers the health, safety, or welfare of the children in their care shall be subject to the criminal penalties in RSA 170-E:21 and may be enjoined from caring for children in accordance with the provisions of RSA 170-E:22.
Source.
1990, 257:8, eff. Jan. 1, 1991. 2016, 161:2, 9, eff. June 3, 2016. 2023, 146:1, eff. Aug. 29, 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:5 - Assistance From Department.

170-E:5 Assistance From Department. –
The department, in applying the standards adopted by rule under this subdivision, shall offer consultation through employed staff or other qualified persons to assist applicants and licensees in meeting and maintaining minimum requirements for a 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:5-a - Child Care Resource and Referral Services.

170-E:5-a Child Care Resource and Referral Services. –
The department of health and human services shall develop and implement a plan, such plan to be fully funded by federal moneys for child care resource and referral services, which shall have the following responsibilities and duties to the public:
I. Provide referrals to a variety of licensed child care options which meet the parent's or guardian's child care needs.
II. Provide information on child care subsidies, including public and private program eligibility requirements and on tax credits and employer options.
III. Provide counselling on selecting quality child care and early childhood issues.
IV. Provide information on training opportunities for parents, guardians, and child care providers.
V. Provide assistance to state human service agencies in seeking child care for such agencies' clients.
VI. Provide information to parents, guardians and providers through workshops, provider groups, and library resources.
VII. Provide assistance in seeking funding for local providers to develop and improve child care services.
VIII. Provide start-up assistance to prospective center and family day care providers.
IX. Provide information on child care supply and demand data.
X. Provide technical assistance to employers and public and private sector decision-makers to support their efforts to expand and improve quality child care in New Hampshire.
XI. Establish a resource library for parents, providers, employers and the public which includes information on child development, child care options, licensing, model programs, employer options, and other related topics.
XII. Recruitment of, and technical assistance to, existing and prospective local child care providers to encourage the development of special needs child care, protective child care, subsidized child care, mildly ill child care and second-shift child care.
Source.
1991, 327:2, eff. Sept. 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:6 - Applications; Compliance With Local Codes Required.

170-E:6 Applications;  Compliance With Local Codes Required. –
Any person who intends to operate a child day care agency as defined in RSA 170-E:2, IV, shall apply for a license to operate one or more types of child day care agencies. Application for a license to operate a child day care agency shall be made to the department in the manner and on forms prescribed by rules adopted by the commissioner pursuant to RSA 541-A. Such forms shall provide for the names, birth names, birth dates, and addresses of all persons having responsibility for care of or regular contact with children at the agency. The applicant shall obtain approvals in accordance with state and local requirements pertaining to health, safety and zoning, as applicable. School age programs located in currently operating public or private schools shall be exempt from the requirement to provide documentation of approval pertaining to fire, health, and zoning.
Source.
1990, 257:8. 1999, 326:1, eff. Jan. 1, 2000.
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:6-a - Registration of Day Care Providers Receiving State Funds.

170-E:6-a Registration of Day Care Providers Receiving State Funds. –
I. Any person who provides child day care services and receives state funds for such services, but is not required to be licensed under RSA 170-E:4 as a child day care agency, shall register with the department of health and human services.
II. The department of health and human services shall maintain a registry of all providers of child day care services who are not required to be licensed under RSA 170-E:4, but who receive state funds for their services.
Source.
1998, 256:1, eff. Jan. 1, 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:6-b - Insurance Disclosures.

170-E:6-b Insurance Disclosures. –
Every person required to be licensed as a child day care agency under RSA 170-E:4 and every child day care provider required to be registered under RSA 170-E:6-a shall either maintain liability insurance or provide a disclosure to parents that the facility is uninsured.
Source.
1998, 256:1, eff. Jan. 1, 1999. 2016, 161:3, 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:7-a - Child Care Licensing Fund Established.

170-E:7-a Child Care Licensing Fund Established. –
There is hereby established a nonlapsing fund to be known as the child care licensing fund, which shall be administered by the commissioner of the department of health and human services and which shall be kept distinct and separate from all other funds. All fees for state registry and criminal records checks collected by the department pursuant to RSA 170-E:7 and RSA 170-E:29-a shall be deposited in the fund and all moneys in the fund shall be continually appropriated to the department of health and human services for the purpose of paying costs associated with administering the provisions of this chapter.
Source.
2019, 313:3, eff. July 1, 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:8 - Issuance.

170-E:8 Issuance. –
I. Licenses shall be issued in such form and manner as prescribed by rules adopted by the commissioner under RSA 541-A and shall be valid for 3 years from the date issued unless revoked or suspended by the department or voluntarily surrendered by the licensee. Licenses shall not be transferable and shall be surrendered in the event of change of ownership.
II. The department may provide dual licensure to operate a child day care agency and a family foster care agency. Such licensure shall be granted only upon application and shall be contingent upon a determination that the standards of both programs have been met without compromising any licensing requirements.
III. The department shall make monitoring visits a minimum of once yearly during each licensing period. At least one such visit during the licensing period shall be unannounced. Clear and comprehensive records shall be maintained by the department on each licensed agency showing the dates and findings of each such visit. Such records shall be made available to the child day care agency. If the child day care agency is found not to be in compliance with the statute or with 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, denial, or revocation.
IV. The department may, in lieu of a license, issue a permit to a newly established facility for child day care for the purpose of demonstrating compliance with this subdivision and the rules adopted under it during actual operation. At the end of the permit period, the department shall renew the permit for good cause, issue a license for the balance of the license period, or deny the license.
Source.
1990, 257:8. 1999, 326:3, eff. Jan. 1, 2000.
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:8-a - Retaliation Prohibited.

170-E:8-a Retaliation Prohibited. –
The department shall not retaliate against an applicant, licensee, or permittee for any reason. Any applicant, licensee, or permittee who believes that the department's actions regarding licensure or permit status, or the findings of a monitoring visit, were retaliatory in nature may submit a complaint to the commissioner. The department shall investigate the complaint in order to take appropriate action against any department employee having found to be in violation of this section.
Source.
2022, 287:3, eff. Aug. 30, 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:9 - License Renewal.

170-E:9 License Renewal. –
I. A licensed child day care agency shall file for renewal of its license or permit no later than 3 months prior to the expiration date of the license or permit on forms prescribed by rules adopted by the commissioner under RSA 541-A. An application for the renewal of a license shall not be considered complete until the applicant submits any additional information required by the department, which shall include a corrective action plan if an inspection conducted following receipt of the application for renewal finds the agency out of compliance with a provision or provisions of the applicable licensing rules.
II. The department shall reexamine every child day care agency for renewal of its license or permit, including examination of the premises, program and such records of the agency as the department considers necessary to determine that minimum standards for licensing continue to be met. If the department is satisfied that the agency continues to comply with the minimum standards established by rule for that category of care, which includes the receipt of corrective action plans as defined under RSA 170-E:2 and as established in rule, it shall renew the license to operate.
III. The commissioner may designate an agency or person to carry out the reexamination specified in paragraph II.
IV. If the department is unable to examine the premises and program due to the program not currently operating after the renewal application is received, the department may renew the license to operate provided the program has submitted the local health and safety approvals required under RSA 170-E:6. The department shall examine the premises and program operations no later than 30 days after the program reopens.
Source.
1990, 257:8, eff. Jan. 1, 1991. 2023, 209:2, 3, eff. Oct. 3, 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:10 - Record of Licenses and Investigatory and Monitoring Visits.

170-E:10 Record of Licenses and Investigatory and Monitoring Visits. –
I. The department shall keep in a central depository records of licenses issued under this subdivision and all investigatory and monitoring reports, and final decisions relative to licensure that have been made relative to licensees. When a license is issued to a child day care agency, the department shall give notice to the health officer and 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. Information submitted in the application process shall be private, confidential, and not available for review. However, the license itself, the findings of investigatory and monitoring visits, and final decisions relative to licensure of the child day care agency shall be considered public information, posted on the department's website, and available for review by members of the public. The findings of investigatory and monitoring visits and final decisions relative to licensure shall be posted on the department's website not less than 21 business days from the date of the finding or decision, and shall be available on the website for a period of 3 years.
III. At least 15 business days before posting the results or findings of an investigatory visit, monitoring visit, or a final decision relative to licensure on the department's website, the department shall notify the child day care agency of its findings and the date on which the information shall be posted on the department's website. The department may provide such notice by email or, if the child day care agency has not provided an email address, by United States mail. If the child day care agency submits a response prior to the date of posting, the child day care agency's response shall also be posted on the department's website.
Source.
1990, 257:8, eff. Jan. 1, 1991. 2014, 128:1, eff. Aug. 15, 2014. 2022, 202:1, eff. Aug. 16, 2022; 287:1, eff. Aug. 30, 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:10-a - Informal Dispute Resolution.

170-E:10-a Informal Dispute Resolution. –
I. The department shall offer an opportunity for informal dispute resolution to any child day care agency that disagrees with the results or findings of a monitoring visit. The child day care agency shall submit a written request for informal dispute resolution no later than 14 days from the date the findings were issued by the department. Within 30 days of receipt of a request for informal dispute resolution and receipt of information from the child day care agency, the department shall review the evidence presented and provide written notice of its decision to the child day care agency.
II. Informal dispute resolution shall not be available to any child day care agency against which the department has initiated action to suspend, revoke, deny, or refuse to renew a license or permit under this chapter.
Source.
2014, 128:2, eff. Aug. 15, 2014.
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:12 - License or Permit Suspension, Revocation, or Denial.

170-E:12 License or Permit Suspension, Revocation, or Denial. –
The department may suspend, revoke, deny or refuse to renew any license or permit if the licensee or permit holder:
I. Neglects or abuses children in his care;
II. Does not comply with this subdivision or the rules adopted under this subdivision relative to the supervision of children in his care;
III. Violates any provision of this subdivision, or is unable to meet and maintain standards adopted by the commissioner;
IV. Substantially or repeatedly violates any provisions of the license or permit issued;
V. Furnishes or makes any misleading or any false statement or report to the department;
VI. Refuses or fails to submit any reports or to make available to the department any records required by it in making an investigation of the facility for licensing purposes;
VII. Refuses or fails to submit to an investigation or to the required visits by the department;
VIII. Refuses or fails to admit authorized representatives of the department at any time child care is being provided for the purpose of investigation or visit;
IX. Fails to provide, maintain, equip and keep in safe and sanitary condition premises established or used for child day care as required under standards prescribed by rules adopted by the commissioner under RSA 541-A or as otherwise required by any law, rule, ordinance, or term of the license applicable to the location of such facility;
X. Retaliates against an employee who in good faith reports a suspected violation of the provisions of this subdivision and rules adopted under it;
XI. Meets the conditions specified in RSA 170-E:7, III;
XII. Fails to comply with the corrective action plan submitted by the child day care agency and approved by the department;
XIII. Loses health, safety or zoning approval ; or
XIV. Fails to comply with applicable public health laws and regulations concerning lead.
Source.
1990, 257:8. 1999, 326:4, eff. Jan. 1, 2000. 2018, 4:9, eff. Apr. 9, 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:13 - Notice and Hearing.

170-E:13 Notice and Hearing. –
I. Should the department determine to suspend, revoke, deny, or refuse to renew a license or permit, it shall send to the applicant, licensee or permittee, by registered mail, an order setting forth the particular reasons for the determination. The suspension, revocation or denial shall become final 10 days after receipt of such order 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. 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 appeal 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 day care agency poses a present and credible threat to the health or safety of children served by the agency, the department shall include in its order issued under paragraph I an order of closure directing that the operation of the agency terminate immediately or on the date specified. Unless the department has ordered the agency to terminate immediately, the agency shall be permitted to operate during the pendency of any proceeding for the review of the decision of the department. Notwithstanding the above, the agency shall retain the right to seek injunctive relief in accordance with RSA 170-E:22.
IV. Rehearings and appeals from a decision of the hearings officer shall be in accordance with rules adopted under RSA 541-A.
Source.
1990, 257:8, eff. Jan. 1, 1991. 2022, 287:2, eff. Jan. 1, 2023.