N.H. Admin. Code § He-E 720.05

Current through Register No. 50, December 12, 2024

Section He-E 720.05 - Waiver for Employment

(a) When the applicant applying for employment with a program that is licensed, certified, or funded by the department to provide services to individuals has been confirmed as a match, the employer shall not hire the applicant unless a waiver to hire such a person is requested and obtained from the department.

(b) Upon receipt of a confirmed match, the employer in (a) above may, with the consent of the applicant, request from BEAS a copy of the protective investigation summary, including the supporting documents, in order to determine whether or not to request a waiver.

(c) Requests for information contained in an investigation file shall:

(1) Be limited to the protective investigation summary and supporting documents; and

(2) All documents shall be redacted as appropriate for the purposes of maintaining confidentiality.

(d) The employer in (a) above shall submit to the commissioner a written request for a waiver, to include:

(1) The perpetrator's written acknowledgement of the circumstances that resulted in the founded determination;

(2) Written documentation pertaining to any remedial action the perpetrator has taken subsequent to the founded determination, including but not limited to:

a. A letter of recommendation from a professional attesting to the action taken by the perpetrator to address the actions or behaviors which led to the founded determination;

b. Documentation of participation in formalized training related to issues that resulted in the founded determination; and

c. Any other remedial actions taken, such as counseling; and

(3) A written description of the employer's plan to supervise the perpetrator so that the individuals in the employer's care will be safe, to include, at a minimum, the following:

a. A statement attesting that the employer has read the department's investigation report and is fully informed about the circumstances that led to the perpetrator's name being placed on the state registry;

b. A description of the duties and responsibilities that the perpetrator will be hired to do, so that the department can evaluate the potential for risk to the individuals in the employer's care based upon whether or not there is a likelihood of reoccurrence of the type of behavior that resulted in the perpetrator's name being placed on the state registry;

c. A description of an orientation and training plan for the perpetrator regarding the employer's policies and procedures on the treatment of individuals in the employer's care, as well as a schedule of subsequent review of such policies and procedures;

d. A description of how the employer will directly or indirectly supervise the perpetrator; and

e. A description of any other conditions of continued employment.

(e) The commissioner shall approve the waiver request if:

(1) All of the information in (d) above is provided;

(2) The information demonstrates that the employer is fully informed of the circumstances that resulted in the perpetrator's name being placed on the state registry; and

(3) After reviewing the employer's plan in (d) (3) above in relation to the documentation in (d) (1) and (2) above, and the underlying circumstances of the finding against the perpetrator which resulted in his or her name being placed on the state registry, the commissioner determines that the perpetrator does not pose a risk to the safety of the individuals in the employer's care.

(f) The commissioner shall deny the waiver request if:

(1) Any of the information required in (d) above is not provided;

(2) The information required by (d) above does not demonstrate that the employer is fully informed of the circumstances that resulted in the perpetrator's name being placed on the state registry; or

(3) The information provided does not affirmatively demonstrate that the perpetrator does not pose a risk to the safety of individuals in the employer's care.

(g) If the waiver is approved, the employer shall retain the approved waiver and all of the documents required by (d) above in the employee's personnel file.

(h) Any waiver granted by the commissioner in accordance with these rules shall not be transferable to any other employer, employee or position.

N.H. Admin. Code § He-E 720.05

#10191, eff 9-27-12