Title XII, Public Safety and Welfare

The department may suspend, revoke, deny or refuse to renew any license or permit if the licensee or permit holder: I. Neglects or abuses children in his care; II. Does not comply with this subdivision or the rules adopted under this subdivision relative to the supervision of chi…

I. Should the department determine to suspend, revoke, deny, or refuse to renew a license or permit, it shall send to the applicant, licensee or permittee, by registered mail, an order setting forth the particular reasons for the determination. The suspension, revocation or denia…

Any person aggrieved by any decision rendered after a rehearing held or an appeal brought under RSA 170-E:13, IV may appeal the decision to the superior court.

Whenever the department is advised, or has reason to believe, that any person is operating a child day care agency without a license or permit, or in violation of any of the provisions of this subdivision, it may make an investigation to ascertain the facts. If it finds that such…

A child day care agency licensed or operating under a permit issued by the department may publish advertisements of the services for which it is specifically licensed or issued a permit under this subdivision. No person who is required to obtain a license or permit under this sub…

I. If the department has reason to believe that state or federal funds solicited and received by a corporation for conduct of a child day care agency are not being used for the purpose for which the funds were awarded, or are being fraudulently used by the corporation or its memb…

I. The department shall have the power to administer oaths in any disciplinary proceedings. II. Upon request of the commissioner, the attorney general shall be authorized, for good cause shown, to subpoena witnesses and to compel, by subpoena duces tecum, the production of papers…

Every child day care agency shall keep and maintain such records as the department shall prescribe by rule pertaining to the admission, progress, health and discharge of children under the care of the child day care agency and shall report relative to such matters to the departme…

In this chapter: I. "Applicant" means a person, institution or agency who intends to receive for child day care one or more children unrelated to the operator and who indicates that intent to the department by filling out the forms prescribed by rule adopted by the commissioner p…

If any child under the control of any licensed child day care agency dies, the licensee shall give notice of such event to the department within 24 hours.

I. Any natural person shall be guilty of a class A misdemeanor, and any other person shall be guilty of a class B felony, who conducts, operates, or acts as a child day care agency without a license or permit to do so in violation of RSA 170-E:4, I. II. Any person shall be guilty…

The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopte…

Any person may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this subdivision or of the rules adopted under RSA 170-E:11; and the court shall adjudge relief, by way of injunction, which may be mandatory or other…

State registry files and all other related confidential information kept by any state agency may be used by the department for the purpose of investigation and licensure. The department shall strictly observe the confidentiality requirements of the agency from which it receives i…

The purpose of this subdivision is to provide for the licensing of residential care and child-placing agencies.

In this subdivision: I. "Child" means any person under 21 years of age, or up to the age of a child with a disability as defined in RSA 186-C:2, I and is receiving special education or special education and related services as identified by the child's school district. II. "Child…

I. The definitions in RSA 170-E:25, II and III shall not apply to the following: (a) Families housing exchange students or up to 4 children in summer exchange programs. (b) Nonresident families visiting the state for purposes of a vacation who have in their care foster children f…

I. No person may establish, maintain, operate or conduct any agency for child care or for child-placing without a license or permit issued by the department under this subdivision. II. No person, whether licensed as a child care agency or institution or child-placing agency, or e…

Any child care agency which receives children for the purpose of providing a homeless youth program, as defined in RSA 170-E:25, II(d), shall be subject to the following provisions: I. When a child 16 or 17 years of age contacts a homeless youth program requesting emergency shelt…

There shall be no vaccination or immunization requirements required of any children residing in a foster home that exceed vaccination or immunization requirements under RSA 141-C:20-a, either in type of vaccination, quantity of doses, or exemptions. There shall be no vaccination …

I. Any entity which intends to receive children, or arranges for child care or child placement of one or more children unrelated to the operator, shall apply for a license to operate one or more of the types of facilities for child care. Application for a license to operate a chi…

I. Foster family homes, institutions, and child-placing agencies shall, within 30 days of adding new staff members responsible for care of or in regular contact with children, submit the names, birth dates, and addresses of such staff members to the department. II. Except in the …

I. Child care institutions and child care agencies, with the exception of foster family homes, that are required to be licensed according to the provisions of this chapter shall submit to the department the names, birth names, aliases, birth dates, and resident addresses during t…

I. The definitions in RSA 170-E:2, IV shall not apply to the following: (a) Kindergartens, nursery schools, or any other daytime programs operated by a public or private elementary or secondary school system or institution of higher learning. (b) Programs offering instruction to …

Any child day care providers exempt from licensing under RSA 170-E:3 which receive state funds or subsidies in payment for the provision of child day care shall, as a condition of receiving state funds or subsidies, provide their names, birth names, birth dates and addresses, and…

In addition to the steps required in RSA 170-E:29, the department, upon receiving an application and authorization filed by a child care institution or child-placing agency in proper order, shall, in cooperation with the operator, examine the facility or agency, and investigate t…

I. Licenses shall be issued in such form and manner as prescribed by rules adopted by the commissioner under RSA 541-A and, for foster family homes, and kinship care homes, shall be valid for 2 years from the date issued, unless revoked by the department, or voluntarily surrender…

Any qualified residential treatment program accredited by organizations as specified in Title 42 of the Social Security Act, 42 U.S.C. section 672(k)(4)(G), as amended, shall submit a completed license application or renewal application. Such child care institutions and child car…

I. A licensed child care agency, child care institution, or child-placing agency shall file for renewal of its license 3 months prior to the expiration date of the license on forms prescribed by rules adopted by the commissioner under RSA 541-A. II. The department, a duly license…

I. The department shall keep in a central depository records of licenses issued under this subdivision and all monitoring reports that have been made relative to licensees. II. The license itself shall be considered public information and available for review by members of the pu…

I. The commissioner shall adopt rules, under RSA 541-A, relative to: (a) Minimum standards for licensing which apply to the various types of facilities for child care and child placement. The department shall seek the advice and assistance of persons representative of the various…

The department may suspend, revoke, deny, or refuse to renew any license, or revoke or refuse to issue a full license to any permit holder, whether or not the person, institution or agency is approved by a child-placing agency, if the licensee or permit holder: I. Neglects or abu…

I. Should the department determine to suspend, revoke or deny, or refuse to renew a license or permit, it shall send to the applicant, licensee or permittee, by registered mail, a notice which sets forth the particular reasons for the determination. The suspension, revocation, or…

Any person aggrieved by any decision rendered after a rehearing held or an appeal brought under RSA 170-E:36, IV may appeal the decision to the superior court.

Whenever the department is advised, or has reason to believe, that any entity is operating a child care facility or child-placing agency without a license or permit, it may make an investigation to ascertain the facts. If it finds that the child care facility or child-placing age…

A child care agency, child care institution, or child-placing agency licensed or operating under a permit issued by the department may publish advertisements of the services for which it is specifically licensed or issued a permit under this subdivision. No person who is required…

I. No person shall establish, maintain, operate or conduct any child day care agency without a license or permit issued by the department under this subdivision. The requirements of this chapter applicable to licensed child day care agencies shall apply with equal force to any ch…

I. If the department has reason to believe that state or federal funds solicited and received by a corporation for conduct of a child care facility or child-placing agency are not being used for the purpose for which the funds were awarded, or are being fraudulently used by the c…

I. The department shall have the power to administer oaths in any disciplinary proceedings. II. Upon request of the commissioner, the attorney general shall be authorized, for good cause shown, to subpoena witnesses and to compel, by subpoena duces tecum, the production of papers…

Every child care facility and child-placing agency shall keep and maintain such records as the department prescribes pertaining to the admission, progress, health, and discharge or placement, or both, of children under the care of the facility or child-placing agency, and shall r…

I. In this section: (a) "Discharge" means movement of a resident from a child care agency to a non-institutional setting or the termination of services by a child care agency when the child care agency ceases to be legally responsible for the care of the resident. (b) "Transfer" …

If any child under the control of any licensed child care agency or institution dies, the licensee shall give notice of such event to the department within 24 hours thereafter stating the date and cause of death, to the extent known, duration of the most recent illness, and the n…

I. Any child care facility or child-placing agency receiving a child for care or supervision from a foreign state or country shall report that child to the department of health and human services in the same manner as it is required for reporting other children pursuant to RSA 17…

I. Any person shall be guilty of a misdemeanor who: (a) Conducts, operates or acts as a child care facility or child-placing agency without a license or permit to do so in violation of RSA 170-E:27, I; (b) Makes materially false statements in order to obtain or retain a license o…

The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this subdivision or rules ad…

Any person may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this subdivision or of the rules adopted under RSA 170-E:34; and the court shall adjudge relief, by way of injunction, which may be mandatory or other…