N.H. Admin. Code § He-C 6430.06

Current through Register No. 50, December 12, 2024

Section He-C 6430.06 - Access to the Central Registry

(a) Access to search the central registry shall be limited to department employees:

(1) Who have completed training by the division for children, youth and families; and

(2) Whose official duties require the ability to perform searches of the central registry, as required by RSA 169-C:34, RSA 170-E:7, II(a), RSA 170-E:29, or an applicable administrative rule on certification for payment standards in He-C 6300.

(b) Access in (a) above shall be rescinded:

(1) Upon termination of employment; or

(2) Upon a change in official duties described in (a) (2) above.

(c) Requests to search the central registry shall be made as follows:

(1) Any individual shall submit Form 2202 "DCYF Central Registry Name Search Authorization" (April 2014), to be completed and mailed in accordance with (d) below, to request to have his or her own name checked against the central registry in accordance with RSA 169-C:35, II;

(2) Any individual applying to be a foster or adoptive parent shall submit Form 2202a "DCYF Central Registry Name Search Authorization - Release of Information to Third Party" (April 2014), to be completed and mailed in accordance with (d) below, to have his or her name checked against the central registry;

(3) Any individual applying to be a foster or adoptive parent through another state's child welfare agency responsible for licensing foster and adoptive care applicants shall submit Form 2202a "DCYF Central Registry Name Search Authorization - Release of Information to Third Party" (April 2014), to be completed and mailed in accordance with (d) below, to have his or her name checked against the central registry in compliance with RSA 169-C:35, VI;

(4) Pursuant to the federal Prison Rape Elimination Act ( 42 U.S.C. §§ 15601 - 15609), any individual applying to be a contractor with the John H. Sununu Youth Services Center shall submit Form 2202b "DCYF Central Registry Name Search Authorization Sununu Youth Services Center - Contractor Release" (June 2014), to be completed and mailed in accordance with (d) below, to have his or her name checked against the central registry;

(5) Pursuant to RSA 170-B:18, VI, any petitioner for adoption, in which no private adoption agency has completed a central registry check, shall submit to the Circuit Court an official current New Hampshire Circuit Court form "Department of Health and Human Services Record Release Authorization" (NHJB-2171-FP), to be completed and mailed in accordance with (d) below, to have his or her name checked against the central registry;

(6) Pursuant to RSA 463:5, IV(b), any petitioner for guardianship shall submit to the Circuit Court a completed official current New Hampshire Circuit Court form "Department of Health and Human Services Record Release Authorization" (NHJB-2171-FP), to completed and mailed in accordance with (d) below, to have his or her name checked against the central registry;

(7) An individual seeking employment with an employer specified in RSA 170-G:8-c shall submit Form 2202a "DCYF Central Registry Name Search Authorization - Release of Information to Third Party" (April 2014), to be completed and mailed in accordance with (d) below, to have his or her name checked against the central registry;

(8) The use of Form 2202a or Form NHJB-2171-FP shall release the results of the check against the central registry to the entity identified on the form as governed by RSA 169-C:35, VI, RSA 170-E:7, RSA-E:29-a, RSA 170-B:18, VI, RSA 170-G:8-c, and RSA 463:5, IV(b); and

(9) Pursuant to RSA 169-C:35, II, no employer not specified in RSA 170-G:8-c shall require an individual to have his or her name checked against the central registry as a condition for employment.

(d) All forms in (c) above shall:

(1) Be signed and dated by the individual to be checked, with the signature affixed within one year of submission of the form to the central registry;

(2) Be notarized at the time the individual signs the form;

(3) Be mailed to:

NH DCYF Central Registry

129 Pleasant Street, Thayer Building

Concord, NH 03301; and

(4) Be mailed with a postage paid self-addressed envelope.

(e) Any form submitted to the department that is not completed as required in (c) and (d) above shall be returned as follows:

(1) Any form that is submitted to the department with incomplete, invalid, or illegible information shall be returned to the submitting entity without being checked against the central registry;

(2) Any form identifying a third party agency to receive the results that does not meet the requirements of RSA 170-B:18, RSA 170-E:7, RSA 170-E:29, RSA 170-G:8-c, or RSA 463:5 shall not be sent to the third party; and

(3) Any materials, including but not limited to payments, improperly addressed envelopes, or forms not accepted by the department, received with a form identified in (c) above shall be returned to the submitting entity.

(f) The information contained on the central registry shall be confidential pursuant to RSA 165-C:35, as follows:

(1) Upon a completed search of the central registry, the department shall release only the following:

a. A confirmation of an individual's name as positive finding or no finding on the central registry; and

b. If a positive finding, the date or dates the individual's name was entered on the central registry and the office that made the finding of child abuse and/or neglect; and

(2) Case record information shall be accessed through the district office that made the founded determination by the individual entered on the central registry submitting a separate request directly to the district office.

N.H. Admin. Code § He-C 6430.06

Adopted byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10692, Effective 10/14/2014, Expires10/14/2024.