Section He-C 4002.41 - Background Checks and Determination of Eligibility(a) Prior to employment or residency, as applicable, and every 5 years thereafter, all child care staff, substitutes, other employees, and volunteers who may be alone with children or are included in staff to child ratios, and household members age 10 years or older, shall submit for a background record check using NH Connections.(b) Each individual age 18 and older completing a background record check in accordance with (a) above, shall submit a non-refundable fee for the issuance of the employment eligibility card, in accordance with RSA 170-E: 7, IV-a. and IV-d.(c) The following individuals shall not be required to obtain the employment eligibility card in (b) above: (1) Family child care providers, household members, applicants, substitutes, and volunteers;(2) Child care staff determined eligible to work prior to October 1, 2017, who remain employed by the same licensee or at the same location if the licensee has changed at the time of submission of their background record check in (a) above;(3) High school and college students; or(4) Other employees or individuals whose purpose is not related to the care or supervision of children in the program.(d) The background record check shall be completed in accordance with RSA 170-E:7, unless exempted from this requirement as permitted under RSA 170-E:7, II-a.(e) Pursuant to RSA 170-E:7, IV-b, individuals exempt in accordance with (d) above shall have on file at the program, a statement from the individual stating since the day the individual's background check was completed, that he or she: (1) Has not been convicted of any crimes; and(2) Has not had a finding by the department or any administrative agency in this or any other state for abuse, neglect, or exploitation.(f) The unit shall make a determination regarding the individual's eligibility in accordance with RSA 170-E:7, III and IV and notify the program and individual within 45 days of submission of all required information as required in this section and RSA 170-E:7.(g) Individuals required to complete background record checks as specified in (a) above shall not have access to children or be present in the program until the program receives notice of eligibility from the unit.(h) When the unit receives the results of the fingerprint-based criminal background check for an individual that does not include any disqualifying information as described in RSA 170-E:7, III and IV, it shall notify the program that the individual may be present in the program, provided the individual is never alone with children and always under the direct supervision and observation of a staff member whom the unit has been deemed eligible. This direct supervision and observation shall continue until the unit receives all results from the background check required in RSA 170-E:7 and notifies the program and individual as described in (f) above.(i) When the department determines that an individual is ineligible to work in child care, in accordance with RSA 170-E:7, III or IV, it shall provide notice to the individual that includes: (1) The department's determination of ineligibility;(2) The basis for the determination; and(3) The individual's right to challenge his or her criminal record pursuant to Saf-C 5703.12.(j) When the department determines that an individual is ineligible to work in child care, in accordance with RSA 170-E:7, III or IV, it shall provide notice to the child care program that: (1) The department determined the individual to be ineligible to work in child care; and(2) The program shall take immediate action to prohibit the individual from being on the premises of the child care program and from having access to the children enrolled in the program.(k) The child care program shall inform the department in writing within 2 business days of receipt of the notice sent in (j) above of the specific action it has taken as required under (j)(2) above.N.H. Admin. Code § He-C 4002.41
Derived from Volume XLII Number 19, Filed May 12, 2022, Proposed by #13373, Effective 4/22/2022, Expires 4/22/2032