N.H. Admin. Code § He-C 6912.03

Current through Register No. 50, December 12, 2024

Section He-C 6912.03 - Definitions

(a) "Agency" means the board or directors, executive director, and employees of an organization that is incorporated and recognized by the NH secretary of state.

(b) "Authorization period" means the time for which a child is approved to receive preventive or protective child care.

(c) "Authorized representative" means the person(s) who is designated or authorized by a child care provider to act on behalf of that provider in matters related to billing DHHS for child care services.

(d) "Authorized service level" means full time, half time, or part time service level based on the number of hours per week that child care is authorized based on the work schedule of the parent, the case plan developed by DCYF, or the service plan developed by the comprehensive family support agency.

(e) "Caretaker relative" means a relative who is not the biological parent of the child(ren), but is providing care and supervision of the child(ren).

(f) "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, and requirements to be met by a parent receiving a protective child care scholarship, pursuant to RSA 170-G: 4, III and 42 U.S.C. 671, Part E-Federal Payments for Foster Care and Adoption Assistance 42 USC 671(a) (16) and 42 USC 675(5) (a)-(D) state plan for foster care and adoption assistance.

(g) "Child care" means the act of providing safe and healthy care, including supervision, food, activity, and rest for a child for any portion of a 24- hour day in order to promote healthy child development..

(h) "Child care provider" means a provider of non-residential child care services, including center-based, familybased, and in-home child care services for compensation who or that is legally operating under state law, and complies with applicable state and local requirements for the provision of child care services.

(i) "Child care scholarship" means payment to a child care provider who meets DHHS enrollment and billing and payment criteria for child care services on behalf of a family who meets the eligibility criteria of He-C 6912.

(j) "Child experiencing a disability or significant special need(s)" means a child through the age of 17 who has a verified medical, physical, developmental, educational, or emotional condition or significant special need pursuant to He-C 6912.05(f) and He-C 6912.10(b) requiring additional funds for accommodation or classroom adaptation in the child care setting.

(k) "Child protective service worker (CPSW)" means the DCYF representative who has expertise in managing cases resulting from concerns of child abuse or neglect to ensure families and children achieve safety, permanency and well-being.

(l) "Comprehensive family support agency" means one of the DEHS contracted agencies throughout New Hampshire that provide a range of support services to families and children that focus on strengthening, supporting and building on the strengths and skills of individuals.

(m) "Conflict of interest" means "conflict of interest" as defined in RSA 21-G:21, II.

(n) "Department (DHHS)" means the department of health and human services of the state of New Hampshire.

(o) "Division for children, youth and families (DCYF)" means the organizational unit of the department of health and human services that provides services to children, youth, and families referred by courts pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-B, RSA 170-C, and RSA 463.

(p) "Employee" means any individual who is employed by a child care provider for compensation or anyone whose activities involve the care or supervision of children for a child care provider or have unsupervised access to children.

(q) "Enrolled child care provider" means that a child care provider has met the requirements found in He-C 6912.06 and He-C 6912.11 and is authorized to receive payment for services from DHHS.

(r) "Family" means a child (ren) and an adult(s) who reside in the same household and who have a birth, foster, step, adoptive, legal guardianship, or caretaker relative relationship.

(s) "Foster parent" means an individual who has a license or permit for foster family care, pursuant to He-C 6446.

(t) "Founded" means a report of abuse or neglect where the department has determined that there is a preponderance of evidence to believe that a child has been abused or neglected.

(u) "Full-time" means greater than 30 hours of child care per week.

(v) "Fraud" means "fraud" as defined in RSA 167:58, IV.

(w) "Good standing" means licensed child care providers are not in violation of He-C 4002.

(x) "Half-time" means greater than 15 and equal to or less than 30 hours of child care per week.

(y) "Legal guardian" means an individual who is given legal authority by a court and charged with the duty to provide care, custody, and supervision of the child(ren).

(z) "Licensed" means a child care provider has been issued a child care license to operate by the commissioner of DHHS, in accordance with RSA 170-E, or has been issued a child care license to legally operate as a child care provider in accordance with the child care licensing requirements of a state neighboring New Hampshire.

(aa) "License-exempt facility based program" means a license-exempt child care provider pursuant to RSA 170-E:3 (f) and(g), I.

(ab) "License - exempt in home provider" means a person who is:

(1) Providing child care in a private home;

(2) Exempt from licensure pursuant to RSA 170-E:3; and

(3) One of the following program types:

a. "Relative provider" where the only children in care are the provider's own children, children related to the provider, and children residing with, the provider" pursuant to, RSA 170-E:3(l); or

b. "Friend or neighbor provider" where any number of the provider's own children, whether related biologically or through adoption, and up to 3 additional children are cared for regularly for any part of the day, but less than 24 hours, pursuant to RSA 170-E:3.

(ac) "NH Bridges" means the automated case management, information, tracking, and reimbursement system used by DHHS.

(ad) "Parent" means an individual who has a birth, adoptive, or step-parent relationship to the child(ren), a foster parent as defined in (s) above, a legal guardian as defined in (y) above, or a caretaker relative as referenced in (e) above.

(ae) "Part time" means one to 15 hours of child care per week.

(af) "Preventive child care" means child care authorized by the comprehensive family support agencies to prevent child abuse or neglect and to give the parent an opportunity to participate in programs designed to teach positive parenting skills and address concerns that could lead to child abuse or neglect.

(ag) "Protective child care" means child care authorized by DCYF while there is an open assessment or a founded case of child abuse or neglect in order to assist the parent, according to (ad) above, in maintaining employment, or when child care is in the best interest of the child or to provide an opportunity to address the concerns that lead to abuse or neglect.

(ah) "Recipient" means a member of a family, who meets eligibility requirements or authorization pursuant to He-C 6912 and is receiving a child care scholarship from DHHS. The term includes the term "parent" pursuant to (ad) above.

(ai) "Serious injury" means any injury that occurs to a child while receiving child care services from a licensed or license-exempt child care provider that requires medical treatment by a physician or other health care professional, hospitalization, or CPR performed on the child while the child is in care.

(aj) "Service plan" means a family service record maintained by a comprehensive family support agency that includes but is not limited to a specific crisis or episode of need for a child receiving preventive child care scholarship.

(ak) "Standard rate" means a DHHS-determined rate used to calculate a child care scholarship.

(al) "Trauma-informed care" means a practice that promotes a culture of safety, empowerment, and healing.

N.H. Admin. Code § He-C 6912.03

Derived from Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12222, Effective 7/10/2017, 7/10/2027.

Amended by Volume XL Number 27, Filed July 9, 2020, Proposed by #13064, Effective 7/1/2020, Expires 7/1/2030