Section He-C 6350.02 - Definitions(a) "Absconder" means a runaway, as defined in (al) below, who also has a petition under the juvenile justice statutes RSA 169-B or RSA 169-D and who, with the intent to avoid legal process or authorized control, meets at least one of the following: (1) Fails to report for probation or parole supervisions;(2) Fails to report for conditional release supervision;(3) Hides, conceals or absents him/herself; or(4) Has departed the jurisdiction without permission of the supervising authority, court, or juvenile parole and probation officer (JPPO), and whose whereabouts might be unknown.(b) "Adult living preparation" means a process of assessing, planning, and supporting youth through the transition from childhood through adolescence and into independence and adulthood. This term includes "independent living."(c) "Agency" means the board of directors, executive director, and employees of an organization that is: (1) Operating a residential treatment program at a residential facility;(2) Incorporated and recognized by the secretary of state in which it is operating; and(3) Providing an identifiable system of social service interventions designed for an individual child or groups of children.(d) "Applicant" means the person or entity that is requesting certification of a residential treatment program.(e) "Case plan" means the division for children, youth and families' (DCYF) written plan for the child and the family which outlines how services will be provided, pursuant to RSA 170-G:4, III, and 42 U.S.C. 671, PART E-Federal Payments for Foster Care and Adoption Assistance SECTION 471(a) (16), 475(1) and (5) (A) and (D) State Plan For Foster Care and Adoption Assistance. This term includes "placement plan."(f) "Certification for payment" means the process by which DCYF approves the operation of and payment to residential treatment programs.(g) "Child" means: (1) "Child" as defined in RSA 170-E:25, I. The term includes "youth" and "resident"; or(2) For the purposes of compliance with RSA 126-U, "child" as defined in RSA 126-U:1, I, namely, "a person who has not reached the age of 18 years and who is not under adult criminal prosecution or sentence of actual incarceration resulting therefrom, either due to having reached the age of 17 years or due to the completion of proceedings for transfer to the adult criminal justice system under RSA 169-B:24, RSA 169-B:25, or RSA 169-B:26. 'Child' also includes a person in actual attendance at a school who is less than 22 years of age and who has not received a high school diploma." The term includes "youth" and "resident."(h) "Child protective services worker (CPSW) " means the DCYF representative who has expertise in managing cases resulting from concerns of child abuse and/or neglect to ensure families and children achieve safety, permanency, and well-being.(i) "Clinical coordinator" means a staff member employed by the residential treatment program responsible for administrative oversight of the clinical services provided at the program. This term includes "treatment coordinator."(j) "Clinical staff" means individuals who have a master's degree in a clinical field such as social work, marriage and family therapy, psychology, guidance counseling, or a degree which would make one eligible for a license from the NH board of mental health practice or NH board of psychologists.(k) "Commissioner" means the commissioner of the NH department of health and human services, or his or her designee.(l) "Connection" means an individual who the child identifies as an important relationship and who is supported by the treatment team for maintaining the child's permanency plans.(m) "Department" means the NH department of health and human services.(n) "Direct care staff" means the residential treatment program's staff who are included in the staff to child ratio, including, but not limited to, child care workers, supervisors, and recreational staff.(o) "Division for children, youth and families (DCYF) " means the organizational unit in the department of health and human services which includes, but is not limited to, child protective services and juvenile justice services.(p) "Executive director" means the individual responsible for the daily administration of a residential treatment program.(q) "Facility" means the physical plant or structures, permanent or temporary, on the grounds of the licensed premises.(r) "Family" means the individuals to whom the child is related legally or biologically, such as, but not limited to, parents, siblings, grandparents, aunts, and uncles.(s) "Family workers" mean individuals funded by the department to work directly with the families of children in residential placement on reunification issues or in establishing a family's optimum level of functioning and contact with their child.(t) "Full time employee" means personnel who work a minimum of 37.5 hours a week.(u) "Human services" means helping people in areas which include:(v) "Incident" means: (1) Resident behavior that is extreme, including, but not limited to, behavior that is assaultive, destructive, self-injurious, or self-destructive;(2) Any behavior leading to physical intervention or seclusion of a resident; or(3) An occurrence involving an accident or injury, or requiring outside agency involvement.(w) "Juvenile Detention Alternatives Initiative (JDAI) Services" means a temporary, court-ordered residential service available to law enforcement officers and JPPOs to provide emergency care and supervision through a DCYF certified provider for youth charged with a delinquent offense. JDAI services are an alternative to secure detention pursuant to RSA 169-B:2, II.(x) "Juvenile parole and probation officer (JPPO) " means the DCYF representative who has expertise in managing cases resulting from concerns of delinquency or children in need of services (CHINS) to ensure families and children achieve safety, permanency, and well-being.(y) "License" means "license" as defined in RSA 170-E:25, XI, or pursuant to RSA 151.(z) "Measurable" means the systematic process of gathering quantitative or qualitative information to show progress or change, and achievement of a goal or objective. (aa) "NH bridges" means the case management, tracking, and automated billing system used by DCYF for children who are in out-of-home placement and for whom the department has a legal responsibility.(ab) "Permanency" means the process to ensure a child has a safe, stable environment with a life-long relationship with a nurturing caregiver to establish the foundation for a child's healthy development.(ac) "Physical intervention" means a behavioral management technique through which staff uses the minimum amount of physical contact on a child which is necessary for the circumstances. This term includes "physical management." Physical intervention might be reportable under RSA 126-U.(ad) "Policies" means written guidelines, practices, and procedures specifying the current and future actions to be taken that direct the operation of the residential treatment program.(ae) "Prescribing practitioner" means any of the following state licensed health care providers that provide services identified in 42 CFR 440.130 to reduce a physical or mental disability and in the restoration of a recipient to his or her best functional level:(1) Health care providers licensed in accordance with RSA 326-B;(3) Physician assistants; and(4) Any practitioner licensed by the NH board of mental health practice or NH board of psychologists.(af) "Program philosophy" means the underlying theory, or set of ideas, which guides the beliefs and principles of the program and the services the program provides.(ag) "Progress reports" means the written notes sent to DCYF and parents by the staff of a residential treatment program which document the residential services being provided to the child.(ah) "Quality assurance" means the process that DCYF staff use to monitor, support, and provide technical assistance to residential treatment programs to assist in their ability to comply with He-C 6350 and He-C 6420.(ai) "Reasonable and prudent parent standard" means a standard characterized by careful and sensible parental decisions made by a caregiver for a child in foster care, that maintain the health, safety, and best interests of the child or youth while encouraging the emotional and developmental growth of the child through participation in extracurricular, enrichment, cultural, and social activities as defined by SSA 475(10) (A) and any subsequent amendments thereto.(aj) "Rehabilitative and restorative services" means interventions provided including any medical or remedial services recommended by a physician or other prescribing practitioner within the scope of the residential treatment program's practice to reduce a physical or mental disability and restore a recipient to their best functional level.(ak) "Residential treatment program (program) " means the model and implementation of services to meet the treatment and supervision needs of the children per RSA 170-G:4, XVIII, and provide 24 hour care of children 365 days a year including all of the employees therein, and is one of the following categories of certification:(1) Assessment treatment program;(2) Intensive treatment program;(3) Intermediate treatment program;(5) Rehabilitation program;(6) Shelter care program; and(7) Substance abuse treatment program.(al) "Restraint" means "restraint" as defined in RSA 126-U:1, IV.(am) "Runaway" means a child who has failed to return to his or her placement, has hid, or concealed him or herself without permission of his or her legal custodian, residential treatment program, or supervising authority. A runaway might also be an absconder.(an) "Seclusion" means "seclusion" as defined in RSA 126-U:1, V-a.(ao) "Short-term" means a program operated through a residential facility that is intended to provide services to a child for 60 days or less.(ap) "Staff secure" means a residential treatment program that provides high levels of supervision and individualized care 24 hours a day to children through the use of a staff to child ratio of one staff to 5 children or lower and awake night staff in each building used for child care, and can include short-term interventions that require one staff member to care for one child in order to assist the child through a behavior or emotional crisis or physical interventions to prevent runaways.(aq) "Staff to child ratio" means the number of direct care staff funded by the department to ensure the necessary resources are available to deliver services and provide supervision to children consistent with He-C 4001.(ar) "Staff supervision" means an administrative and educational process used in residential treatment programs to help child care workers and clinical staff develop and refine their skills so that they are able to provide quality care and treatment.(as) "Treatment plan" means the residential treatment program's written, time-limited, goal-oriented, therapeutic plan developed for the child and family by the treatment team which includes the strategies to address the issues that brought the child into placement and is consistent with rehabilitative and restorative services.(at) "Treatment team" means the individuals outlined in He-C 6350.13 including at a minimum the child, parent(s) /guardian(s), residential treatment program clinical staff, prescribing practitioner, and DCYF staff.N.H. Admin. Code § He-C 6350.02
#4442, eff 7-1-88, EXPIRED 7-1-94
New. #6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
New. #8693, eff 7-27-06
Amended byVolume XXXV Number 06, Filed February 12, 2015, Proposed by #10759, Effective 1/17/2015, Expires1/17/2025.Amended by Volume XXXVIII Number 37, Filed September 13, 2018, Proposed by #12609, Effective 8/23/2018, Expires 8/23/2028.