N.H. Admin. Code § He-C 6349.04

Current through Register No. 50, December 12, 2024

Section He-C 6349.04 - Licensed And Licensed Exempt Child Care Compliance Requirements

(a) The provider shall comply with:

(1) All applicable licensing and registration requirements prior to applying for certification;

(2) The statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:19, RSA 170-C:14, and RSA 170-G:8-a;

(3) The child abuse and neglect reporting requirements of RSA 169-C 29-30; and

(4) Billing requirements and process described in He-C 6349.11 and He-C 6349.12.

(b) The provider, their employees and any volunteers prior to beginning their work with children and thereafter on an annual basis shall review sections of RSA 169 on definitions, immunity from liability and persons required to report.

(c) The provider and their employees shall not have a conflict of interest as defined in He-C 6349.03(i) .

(d) The provider shall maintain professional and general liability insurance.

(e) A licensed provider shall:

(1) Comply with He-C 4000, NH child care agency licensing rules; and

(2) Submit a copy of the child care license to DCYF at the time of application for certification and review of continued certification compliance for payment.

(f) Child care services shall be provided for children who are ages birth through 12, unless in the case plan it is determined that a child up to age 17 needs child care, including:

(1) Children in foster care who:

a. Need socialization;

b. Need care during non-school hours; or

c. Require full time court-ordered child care in a licensed care setting while their foster parents are working;

(2) Children who remain in the parents' home and the family is involved in a founded report of abuse or neglect, pursuant to RSA 169-C:3 XIII-a;

(3) Children who remain in the parents' home and child care is provided to prevent child abuse or neglect to rehabilitate the family, or to reunite the family; and

(4) Children who are diagnosed by a physician, psychiatrist or psychologist as being physically, mentally or emotionally handicapped and who do not meet the requirements for an educationally disabled child, pursuant to RSA 186-C:2.

(g) A licensed foster parent shall not provide or be reimbursed for child care services for foster children or other children who reside on a full-time basis in his or her foster home unless they meet the provisions of He-C 6446.

(h) Each provider for child care services shall:

(1) Provide a safe and healthy environment and be able to recognize and prevent hazards to the child's health and safety;

(2) Provide regular activities including nutritious meals, snacks, rest, toileting, and indoor and outdoor play appropriate to the age level of the child in care;

(3) Support the child's behavior with positive guidance and limits;

(4) At no time use corporal punishment;

(5) Not associate punishment with food, rest or toilet training;

(6) Ensure that sound health practices are followed;

(7) Maintain a valid driver's license and have no alcohol or other drug related driving convictions for each provider who transports children to child care activities;

(8) Maintain a file at the child care site on each child that includes the following information:

a. Parent's or guardian's name, address, and telephone number;

b. Child's name, age, atypical behaviors, routines, medical history, and special medical considerations;

c. Emergency information for reaching a parent or substitute caregiver;

d. The names of persons authorized to take the child from the child care environment; and

e. DCYF service authorization forms and corresponding billing records.

(9) Maintain attendance records which reflect the dates and hours attended by each child;

(10) Support the child's relationship with parents or caregivers by regularly sharing information about the needs and progress of the child in care;

(11) Support the case plan by sharing information on the child's progress with DCYF; and

(12) Submit to a child abuse and neglect state registry and state criminal records check pursuant to RSA 170-E:3-a and 170-E:7.

(i) Failure to comply with the rules of this chapter shall result in:

(1) Denial of an applicant pursuant to He-C 6349.18;

(2) Revocation of certification for payment of a provider pursuant to He-C 6349.18; or

(3) Denial of reimbursement.

N.H. Admin. Code § He-C 6349.04

(See Revision Note at part heading for He-C 6349) #9268, eff 9-20-08

Amended by Volume XXXVI Number 36, Filed September 8, 2016, Proposed by #11166, Effective 9/19/2016, Expires 3/18/2017.