N.H. Admin. Code § He-C 4001.19

Current through Register No. 50, December 12, 2024

Section He-C 4001.19 - Requirements for Program Staff

(a) Program staff shall:

(1) Relate with residents in a professional, respectful manner; and

(2) Have the ability to identify the needs and problems of the children and possess skill in planning and implementing services of the program.

(b) The program director or designee shall, for each staff person who is responsible for the care, supervision, or treatment of residents, have on file available for review by the department documentation of job qualifications such as:

(1) All required education, such as a diploma, transcripts, certificates, or degrees; and

(2) All required training and experience, as set forth on an application form or resume.

(c) For the purposes of this section, the field of human services shall include residential care, education, social work, mental health, law enforcement, psychology, sociology, pastoral counseling, theology, juvenile justice, medical services, corrections, substance abuse, social services, recreation, or a related field.

(d) The department shall accept the following education and training for program staff:

(1) Credit courses in human services, offered by a regionally accredited college or university, toward meeting pre-service and in-service training requirements;

(2) Non-credit courses in human services, which are offered by a regionally accredited college or university, toward meeting pre-service and in-service training requirements at a ratio of 12 contact hours equal one credit; and

(3) Conference sessions, workshops, non-credit correspondence courses or other non-credit distance learning courses related to human services, that are open to individuals working in the residential child care field or to the public or both, and are presented by an instructor who has at least a bachelor's degree in human services or the subject area in which he or she is teaching, at a ratio of 12 contact hours equals one credit.

(e) The program director shall meet at least one of the following pre-service training and education options:

(1) A master's degree in the field of human services, business administration, or public administration, awarded by a regionally accredited college or university, plus 2 years of experiences as a professional in human services, which included administrative responsibilities; or

(2) A bachelor's degree with a minimum of 12 credits in the field of human services, business administration, or public administration, awarded by a regionally accredited college or university, plus 3 years of experience as a professional in human services, which included administrative responsibilities.

(f) Direct care staff shall be at least 21 years of age, have a high school diploma, high school equivalency certificate, or general equivalency diploma, and meet one of the following pre-service training and education requirements:

(1) An associate's or higher degree with a minimum of 12 credits in the field of human services, or other field related to residential care, awarded by a regionally accredited college or university;

(2) The equivalent of 2 years of full-time experience working with children, either as a paid employee or volunteer;

(3) Any combination of college credits in human services and experience with children that total 2 years, as follows:

a. Two years of full-time college shall equal 60 credits;

b. Two years of full-time employment shall equal 3000 hours; and

c. One credit shall equal 50 hours of experience; or

(4) Documentation of 7 years of parenting experience.

(g) When an applicant for a direct care staff member does not meet one of the provisions in (f) above:

(1) An agreement shall be on file, signed, and dated by the individual and the program director or designee, which includes a written plan for:

a. Attaining 12 credits in human services within 2 years from the date that the individual begins working as a direct care staff, with documentation on file of the completion of 3 credits every 6 months, beginning on the date of hire;

b. How the program will supervise the individual while they are working on acquiring the required 12 credits; and

c. Maintaining current documentation of earned credits on file in the individual's personnel file; and

(2) No more than 30% of staff shall be hired under the provisions of (g)(1)a. above.

(h) A child care assistant, intern, or volunteer shall:

(1) Be at least 18 years of age;

(2) Work at all times under the supervision of an on-duty staff person who meets at least the minimum qualifications for the position of direct care staff;

(3) Not be responsible for the care or supervision of residents including treatment, discipline, physical intervention, counseling, or administration of medication; and

(4) Not be included in the staff to child ratio.

(i) Supervision as referenced in (h) above shall require that a staff person who meets at least the minimum qualifications of direct care staff shall at all times have:

(1) Knowledge of and accountability for the activity and whereabouts of the child care interns, child care assistants, or volunteers and the residents with whom he or she is working; or

(2) The ability to either see or hear the child care intern, child care assistant, or volunteer and the residents with whom he or she is working.

(j) The exception to (i) above shall be that the program director or designee may at his or her discretion, authorize a specific child care assistant, intern, or volunteer to be responsible for one or more residents during time limited, specific activities, either indoors or outdoors, including off premises.

(k) Prior to having contact with residents or food, personnel shall receive a tour of and orientation to the program that includes the following:

(1) The program's complaint procedures;

(2) The duties and responsibilities of the position;

(3) The medical emergency procedures;

(4) The emergency and evacuation procedures;

(5) The infection control procedures;

(6) The program confidentiality requirements;

(7) Grievance procedures for both staff and residents;

(8) The procedures for food safety for personnel involved in preparation, serving, and storing of food, as applicable;

(9) The policies required in He-C 4001.14(a); and

(10) The mandatory reporting requirements including RSA 161-F:46 and RSA 169-C:29.

(l) No new direct care staff shall be solely responsible for residents in care until he or she has completed the orientation required above.

(m) The licensee shall provide all personnel with an annual continuing education or in-service education training, which at a minimum contains the following:

(1) The licensee's infection control program;

(2) The licensee's written emergency plan;

(3) The licensee's policies and procedures; and

(4) The mandatory reporting requirements including RSA 161-F:46 and RSA 169-C:29.

(n) The licensee shall:

(1) Educate personnel about the needs and services required by the residents under their care and document such education to include demonstrated competencies; and

(2) Ensure that all personnel have received the training necessary to be qualified personnel to include demonstrated competency in the training given with documentation maintained in the employee personnel file.

(o) Personnel and staff shall not:

(1) Be impaired while on the job by any substances including, but not limited to, legally prescribed medication, therapeutic cannabis, alcohol, or illegal drugs; or

(2) Expose residents to tobacco, alcohol, or illegal drugs or controlled substances.

N.H. Admin. Code § He-C 4001.19

#2664, eff 3-30-84, EXPIRED: 3-30-90

New. #8581, eff 4-20-06, EXPIRED: 4-20-06

New. #10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14

Amended byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10705, Effective 10/23/2014, Expires10/23/2024.

Amended by Volume XLI Number 06, Filed February 11, 2021, Proposed by #13151, Effective 12/30/2020, Expires 12/30/2020.