Section He-C 6446.28 - Denials and Revocations(a) In addition to the reasons for denial specified in RSA 170-E:35, the department shall deny an application for, or revoke a foster family care license or permit, if the applicant is the subject of a founded report of child abuse or neglect in New Hampshire or any other state, unless DCYF determines that the applicant does not pose a present threat to the health, safety, or well-being of the child(ren) and that the placement is in the best interest of the child(ren).(b) In addition to the reasons for denial specified in RSA 170-E:35 and in (a) above, the department shall deny an initial or renewal application for a foster family care license or permit if the applicant or household member 18 years of age or older: (1) Has been convicted of a felony for child abuse or neglect, spousal abuse, any crime against children, child pornography, rape, sexual assault, or homicide, but not including other physical assault or battery in accordance with 42 USC 671 (a)(20)(A)(i);(2) Has been convicted of a felony for physical assault, battery, or a drug-related offense, and that felony conviction was committed within the past 5 years in accordance with 42 USC 671 (a)(20)(A)(ii); or(3) Has been convicted of a violent or sexually-related crime against a child or of a crime which shows that the person might be reasonably expected to pose a threat to a child, such as a violent crime or a sexually-related crime against an adult, pursuant to RSA 170-E:29, III.(c) In addition to the reasons for denial specified in RSA 170-E:35 and in (a) and (b) above, the department shall deny an initial or renewal application for a foster family care license or permit if the applicant:(1) Has a motor vehicle record or is the subject of a report from another source, including a local law enforcement agency, which, following assessment, shows that the applicant or household member might reasonably be expected to pose a threat of harm to a child;(2) Does not fully comply with the foster family care licensing requirements in He-C 6446;(3) Knowingly furnishes or makes false or misleading statements or information, or omits information in statements or submissions to the licensing agency;(4) Had a foster family care license or permit revoked; or(5) From the information provided pursuant to He-C 6446.04 - 6446.12, presents a set of qualifications which, DCYF determines, when taken as a whole, does not reflect and support the purposes of foster family care, as established in He-C 6446.02, and the "Foster Care Children's Bill of Rights" codified in RSA 170-G:20-21.(d) In addition to the reasons set forth in (b) and (c) above and in RSA 170-E:35, the department shall revoke a license or permit for foster family care if a foster parent: (1) Violates the provisions of the license or permit;(2) Refuses to submit or make available the written reports required in these rules for licensing or re-licensing in accordance with He-C 6446.04 - 6446.12;(3) Refuses or does not submit to a child abuse and neglect report investigation;(4) Refuses or does not admit authorized personnel for the purpose of a child abuse and neglect report investigation, home assessment, or pre-arranged visit;(5) Does not provide and maintain a safe and sanitary home in accordance with RSA 170-E:35 and He-C 6446.09;(6) Does not maintain resources adequate for the care of the child in care in accordance with He-C 6446.04 and He-C 6446.16;(7) Substantially or repeatedly fails to work cooperatively with DCYF staff, the parents of a child in care, or service providers in implementing the child's case plans and permanency goals in accordance with He-C 6446.17;(8) Interferes with the reunification or transition of the child in care into an alternative setting;(9) Makes unfounded derogatory statements with malicious intent about DCYF staff, child-placing agency staff, the family of the child in care, other foster parents, or service providers; or(10) From the information provided pursuant to He-C 6446.04 - 6446.12 or conduct pursuant to He-C 6446.16 - 6446.25, presents a set of qualifications which, DCYF determines, when taken as a whole, does not reflect and support the purposes of foster family care, as established in He-C 6446.02, and the "Foster Care Children's Bill of Rights" codified in RSA 170-G:20-21.(e) In addition to the reasons set forth in (b) and (c) above, the department shall revoke a license or permit if violations identified are not corrected within 60 days of the date of the corrective action plan in He-C 6446.26(c).(f) When the department revokes or denies an initial or renewal license to operate a foster family home, denies or revokes a permit, or denies a waiver request, the department shall, pursuant to RSA 170-E:36, I, send to the applicant, licensee, or permittee, by registered mail, a notice which sets forth the particular reasons for the determination.(g) Pursuant to RSA 170-E:36, I, the denial or revocation shall become final 10 days after receipt of the notice unless the applicant, licensee, or permittee requests a hearing under He-C 6446.29.N.H. Admin. Code § He-C 6446.28
#7321, eff 7-22-00; ss by #8663, eff 6-16-06
Amended byVolume XXXV Number 10, Filed March 12, 2015, Proposed by #10788, Effective 2/21/2015, Expires2/21/2025.Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13056, Effective 6/16/2020, Expires 6/16/2030 (formerly He-C 6446.29).