N.H. Admin. Code § He-C 4002.16

Current through Register No. 44, October 31, 2024

Section He-C 4002.16 - Requirements for Written Policies and Procedures and Job Descriptions

(a) Licensees shall have and implement written policies regarding:

(1) A retention plan to prevent expulsion of children, which outlines how the program will address children's behaviors that pose a serious safety risk, which includes at a minimum:

a. Parent notification and ongoing communicating regarding their child's behavior;

b. The steps the program will take to assist the child in maintaining enrollment;

c. Parent notification when the child's enrollment cannot be maintained; and

d. The responsibilities of the program if the child's behavior results in a serious safety risk to the child or others within the program; and

(2) Children's access to and use of television, video, and electronic devices, which shall include at a minimum:

a. Age and developmentally appropriate materials;

b. Supervision by staff when in use and installation of any monitoring software; and

c. How the program will comply with parental restrictions regarding their child's use of electronic media.

(b) The policy required in (a)(1) above shall only apply when addressing a child's behavior and not a parent's misconduct or the parent's failure to comply with other child care rules or laws.

(c) Programs operating exclusively outdoors shall have written policies to include:

(1) The conditions when the program will not operate due to inclement weather, including excessive heat, extreme cold or when there is a severe weather alert;

(2) The expectation of parents to provide appropriate clothing according to the season and current weather conditions; and

(3) How child care staff will monitor children regarding their comfort including their warmth or signs of overheating and the action child care staff will take in response to children's comfort related to the weather conditions.

(d) The program shall provide the written policies to parents at enrollment.

(e) The licensee shall have a written job description for each direct child care staff position, including the scope of responsibility, required tasks, and the position to whom they report, with documentation of review on file in accordance in He-C 4002.09(a)(6).

(f) Programs shall have an emergency operations plan (EOP) prior to issuance of a permit or renewal of a license.

(g) All EOPs shall:

(1) Be modeled on the National Incident Management System (NIMS), which includes the Incident Command System (ICS), in coordination with local emergency response agencies in the community in which the program is located;

(2) Contain procedures for communication and reunification with families; and

(3) Include response actions, for natural, human-caused, or technological incidences including, but not limited to:

a. Evacuation, both within the building and off-site;

b. Secure campus;

c. Drop, cover, and hold;

d. Lockdown;

e. Reverse evacuation;

f. Shelter-in-place; and

g. Bomb threat or scan.

(h) All response actions in (g)(3) above shall include accommodations for infants and toddlers, children with chronic medical conditions, and children with disabilities or with access and functional needs.

(i) Programs that plan to resume operations after an emergency shall have a continuity of operations plan (COOP) to ensure that essential functions continue during, or resume rapidly after, a disruption of normal activities.

(j) All staff shall review the program's EOP within 30 days of their date of hire and sign and date an acknowledgement of their review, with the acknowledgement kept on file for review by department staff.

(k) Upon enrollment, programs shall provide families with information from the EOP that addresses communication and reunification procedures.

(l) In addition to the requirements for policies and procedures above, the licensee shall provide all child care staff with all policies and procedures upon hire, and ensure that they are familiar with them and comply with them, as applicable.

(m) Child care staff shall review and sign off on changes to policies and procedures required in rule within 30 days of the date of the changes, with documentation of the review kept on file for review by department staff.

N.H. Admin. Code § He-C 4002.16

#2664, eff 3-30-84, EXPIRED 3-30-90

New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97

New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08 (from He-C 4002.18 )

Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12046, Effective 11/19/2016, Expires 5/18/2017.

Ss by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17;

Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12415, Effective 11/6/2017, Expires 11/6/2027.

Amended by Volume XLII Number 19, Filed May 12, 2022, Proposed by #13373, Effective 4/22/2022, Expires 4/22/2032