N.H. Code Admin. R. He-C 6912.11

Current through Register No. 25, June 20, 2024

Section He-C 6912.11 - Protective Child Care Provider Qualifications and Requirements

(a) For foster care parents to be eligible to be enrolled as a license-exempt child care provider the foster parent shall meet the following qualifications:

(1) Be licensed as a foster care provider pursuant to He-C 6446;

(2) Provide a copy of the foster care license;

(3) Meet the definition of license-exempt pursuant to He-C 6912.03(ab);

(4) Maintain liability insurance or provide a disclosure to parents that the program is uninsured pursuant to RSA 170-E:6-b;

(5) Review and comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;

(6) The child care provider and his or her employees shall not have a conflict of interest;

(7) Not be the parent of a child for whom he or she is providing care unless the child is receiving protective child care provided by a licensed foster parent who is also a licensed child care provider as approved by a DCYF supervisor and in compliance with He-C 6446.15(m);

(8) Not be a member of the same residence as the parent or child(ren) receiving child care scholarship unless the child(ren) is in foster care and receiving protective child care scholarship;

(9) Not have had any permit or license issued through DHHS's child care licensing unit revoked;

(10) If licensed with DHHS, child care licensing unit, have a valid New Hampshire child care license or valid permit to operate in accordance with He-C 4002, and be in good standing; and

(11) Review and comply with the child abuse and neglect reporting requirements of RSA 169-C:29-31.

(b) For a license-exempt facility-based program to be eligible to be enrolled, a child care provider shall meet the following qualifications:

(1) Be 18 years of age or older;

(2) Meet the definition of license-exempt pursuant to He-C 6912.03(aa);

(3) Maintain liability insurance or provide a disclosure to parents that the program is uninsured pursuant to RSA 170-E:6-b;

(4) Review and comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;

(5) The child care provider and his or her employees shall not have a conflict of interest; and

(6) Comply with:

a. An annual announced monitoring visit as defined in He-C 6917.03(n); and

b. All the minimum standards for health and safety as required by He-C 6917.

(c) For a licensed child care provider to be eligible to be enrolled, a child care provider shall meet the following qualifications:

(1) Meet the definition of licensed pursuant to He-C 6912.03(z);

(2) Maintain a current New Hampshire child care license and be in good standing;

(3) Provide a copy of a New Hampshire child care license;

(4) Review and comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a; and

(5) The child care provider and his or her employees shall not have a conflict of interest.

(d) In addition to the requirements in He-C 6912.11(a), (b), and (c) above, a child care provider seeking to be enrolled shall submit every 3 years to DHHS for each child care location the following:

(1) If a licensed child care provider:

a. A copy of the provider's current child care license issued by DHHS's child care licensing unit;

b. A "State of NH Alternate W-9 Form" (October 2016);

c. Form 1862 "Child Care Provider Enrollment" (May 2020);

d. Form 1860 "Child Care Provider Agreement," (May 2020), agreeing to the requirements set forth in HeC 6912.06(b)(4)a.-af.; and

e. Form 2679 "Provider Web-Billing User Account Request" (November 2016), with the following understandings:

1. "I understand that provider billing requirements are governed by administrative rules (He-C 6339, He-C 6340, He-C 63487, He-C 6350, He-C 6914) which is incorporated herein by reference and I agree to abide by these requirements.";

2. "I understand and agree that as a provider, I am responsible for any and all billing invoices submitted by me or on my behalf by my authorized representative, whether user is an employee authorized as a billing representative or authorized billing representative of a management service company.";

3. "I understand and agree that any payments made which are based on inaccurate or fraudulent billing, whether submitted by me or by my authorized user will be recovered from me by DHHS.";

4. "I understand and agree that it is my responsibility to notify the Division for Children, Youth and Families by contacting Provider Relations when a user no longer requires access to the web billing application.";

5. "I understand by submitting an invoice via the Provider Web Billing Application I am certifying that the invoice is true and accurate.";

6. "I understand and agree that information obtained via the Provider Web Billing Application is confidential and can be used solely for the purposes of administering Division for Children, Youth and Families (DCYF) Services.";

7. "I understand and agree that I am responsible for my authorized representative, employee, and/or any management service company's use of the Provider Web Billing Application."; and

8. "I understand and agree that I must access my web account at least every ninety (90) days or my account will be deactivated.;

(2) If licensed as a foster care provider pursuant to He-C 6446:

a. A copy of the foster parent license;

b. A State of NH Alternate W-9 Form" (October 2016);

c. Form 1862 "Child Care Provider Enrollment" (May 2020);

d.

Form 1860 "Child Care Provider Agreement," (May 2020) agreeing to the requirements set forth in He-C 6912.06(b)(4)a.-af.;and

e. Form 2679 "Provider Web-Billing User Account Request" (November 2016) with the following understandings:

1. "I understand that provider billing requirements are governed by administrative rules (He-C 6339, He-C 6340, He-C 63487, He-C 6350, He-C 6914) which is incorporated herein by reference and I agree to abide by these requirements.";

2. "I understand and agree that as a provider, I am responsible for any and all billing invoices submitted by me or on my behalf by my authorized representative, whether user is an employee authorized as a billing representative or authorized billing representative of a management service company.";

3. "I understand and agree that any payments made which are based on inaccurate or fraudulent billing, whether submitted by me or by my authorized user will be recovered from me by DHHS.";

4. "I understand and agree that it is my responsibility to notify the Division for Children, Youth and Families by contacting Provider Relations when a user no longer requires access to the web billing application.";

5. "I understand by submitting an invoice via the Provider Web Billing Application I am certifying that the invoice is true and accurate.";

6. "I understand and agree that information obtained via the Provider Web Billing Application is confidential and can be used solely for the purposes of administering Division for Children, Youth and Families (DCYF) Services.";

7. "I understand and agree that I am responsible for my authorized representative, employee, and/or any management service company's use of the Provider Web Billing Application."; and

8. "I understand and agree that I must access my web account at least every ninety (90) days or my account will be deactivated.;

(3) If a license-exempt facility based child care program as defined in RSA 170-E:3, I(a), (b), (f), and (g):

a. A completed, signed and notarized Form 2503 "DCYF Central Registry Name Search Authorization" (October 2016);

b. Form 2505 "A Background Check Information and Authorization" (February 2017) certifying the following:

"I understand the Division for Children, Youth and Families, Child Development Bureau will conduct a background check to include but not limited to: NH State Police Criminal Records (age 18 and older); Fingerprint-based criminal record check of the FBI national database (age 18 and older); check of the state and national sex offender registry and; a central registry for child abuse and neglect check (12 years or older) for every state lived in for the past 5 years. This is in accordance with RSA 170-E:3-a, 170-E;7 and federal laws (Adam Walsh Act and Megan's Law), and is required for all individuals who an employed or volunteer for licensed-exempt child care center, and who have contact with the children whose care I receive child care reimbursement from the Department.

I understand that the Division for Children, Youth and Families, Child Development Bureau shall check the National and State Sex Offender Registries, the DCYF Central Registry Name Search and the NH State Police Criminal Records and FBI database.

I understand that I am required to complete and submit a notarized NH Health and Human Services Criminal History Records Information Authorization (DSSP372) and a notarized DCYF Central Registry Name Search Authorization (Form 2503) and that my name will be received against the National and State Sex Offender Registries.

I understand that every member of my household, employee or volunteer age 12 and older will submit a notarized DCYF Central Registry Name Search Authorization (Form 2503) and their names will be reviewed against the National and State Sex Offender Registries.

I understand that every member of my household, employee or volunteer age 18 and older will submit a notarized NH Health and Human Services Criminal Record Information Authorization (DSSP372).

I understand that I am required to complete and submit any other background check information forms as required by any state that I have lived in during the past 5 years.

I understand that every member of my household, employee or volunteer age 18 and older is requested to complete and submit any other background check information forms as required by any state that they have lived in during the past five years.

I understand that I am required to complete and submit a new Background Check Information Form (2505) and all required authorizations on the first day that any information in this form changes. For example: someone moves into your home or begins to have contact with children.

I certify that all information on this form is true and complete. Providing falsified information may be grounds for denying enrollment".;

c. A "State of NH Alternate W-9 Form" (October 2016);

d. Form 1862 "Child Care Provider Enrollment" (May 2020);

e. Form 1860 "Child Care Provider Agreement" (May 2020) agreeing to the requirements set forth in HeC 6912.06(b)(4)a.-af.;and

f. Form 2679 "Provider Web-Billing User Account Request" (November 2016), with the following understandings:

1. "I understand that provider billing requirements are governed by administrative rules (He-C 6339, He-C 6340, He-C 63487, He-C 6350, He-C 6914) which is incorporated herein by reference and I agree to abide by these requirements.";

2. "I understand and agree that as a provider, I am responsible for any and all billing invoices submitted by me or on my behalf by my authorized representative, whether user is an employee authorized as a billing representative or authorized billing representative of a management service company.";

3. "I understand and agree that any payments made which are based on inaccurate or fraudulent billing, whether submitted by me or by my authorized user will be recovered from me by DHHS.";

4. "I understand and agree that it is my responsibility to notify the Division for Children, Youth and Families by contacting Provider Relations when a user no longer requires access to the web billing application.";

5. "I understand by submitting an invoice via the Provider Web Billing Application I am certifying that the invoice is true and accurate.";

6. "I understand and agree that information obtained via the Provider Web Billing Application is confidential and can be used solely for the purposes of administering Division for Children, Youth and Families (DCYF) Services.";

7. "I understand and agree that I am responsible for my authorized representative, employee, and/or any management service company's use of the Provider Web Billing Application."; and

8. "I understand and agree that I must access my web account at least every ninety (90) days or my account will be deactivated.;

(4) Proof the child care provider and employees have created an account in the "NH Professional Registry" at: https://nhportal.naccrraware.net/nh/;

(5) Proof the child care provider or an authorized representative has completed the mandatory DHHS NH child care scholarship training;

(6) Proof the child care provider and employees completed training in trauma-informed care; and

(7) Review and comply with the child abuse and neglect reporting requirements of RSA 169-C:29-31.

(e) All license-exempt child care providers shall complete and submit, at the time of the live scan fingerprint appointment, notarized Form DSSP372 "New Hampshire Health and Human Services Criminal History Record Information Authorization," (10/1/16) once every 5 years authorizing DHHS to receive fingerprint and criminal background checks for the provider and all household members, an individual identified in He-C 6920.04(a), and:

(1) For a licensed foster parent who is also a license-exempt provider, the child care provider and all household members when child care is provided in the child care provider's own home;

(2) For a licensed foster parent who is also a license-exempt provider, the child care provider only, when child care is provided in the child's own home; and

(3) For a license-exempt facility-based program, the provider and all employees.

(f) All licensed foster care providers shall comply with training requirements in accordance with He-C 6446.

(g) Each license-exempt child care provider and each employee providing supervision of children or required to meet staff-to-child ratios, shall submit proof according to (l) below that the provider and employee has completed a minimum of 6 hours of training in all required health and safety topics as follows:

(1) Prevention and control of infectious diseases;

(2) Prevention of sudden infant death syndrome and use of safe sleeping practices;

(3) Administration of medication, consistent with standards for parental consent;

(4) Prevention of and response to emergencies due to food and allergic reactions;

(5) Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic;

(6) Prevention of shaken baby syndrome and abusive head trauma;

(7) Recognizing and reporting child abuse and neglect;

(8) Emergency preparedness and response planning;

(9) Handling and storage of hazardous materials and the appropriate disposal of biocontaminants;

(10) For providers offering transportation, appropriate precautions in transporting children;

(11) Child development, birth through 12 years; and

(12) Trauma-informed care.

(h) A license-exempt child care provider and each employee working for programs operating 4 months or less, such as a summer or recreational program, who has completed the health and safety requirements listed in (g)(1)-(12) above shall complete a minimum of 2 hours of training in any of the health and safety topics listed in (g)(1)-(12) above.

(i) Child care programs that serve only children attending part-day kindergarten or full-day public school shall be exempt from He-C 6912.11(g)(2) and (6).

(j) Each license-exempt child care provider and employee providing supervision of children or required to meet staff to child ratios, shall submit to DHHS proof according to (l) below that the provider and each employee has current certification in:

(1) Pediatric cardiopulmonary resuscitation (CPR) which shall include instruction in CPR and foreign body airway obstruction management for infants and children by the American Red Cross, American Heart Association, Emergency Care and Safety Institute, National Safety Council, or other nationally recognized organization; and

(2) Pediatric first aid.

(k) CPR and first aid training as specified in (j)(1) and (2) above may be taken via correspondence or online, provided a skill test is performed in person prior to becoming certified.

(l) Each license-exempt provider and employee shall obtain documentation of successful completion of the training in (g) above that includes the following:

(1) The title of the training completed;

(2) The name of the organization offering the training;

(3) The name of the trainer, if applicable;

(4) The name of the employee completing the training;

(5) The date on which the training was completed; and

(6) The duration of the training.

(m) Each license-exempt child care provider and employee shall upload documentation in (l) above to the "NH Professional Registry" located at: https://nhportal.naccrraware.net/nh/;

(n) Each license-exempt child care provider and employee shall complete the required health and safety training and certification in (g) and (j) as follows:

(1) Each newly enrolling license-exempt child care provider and employee shall complete required training prior to enrollment;

(2) Each new employee of a currently enrolled license-exempt center child care provider shall complete the required training within 90 days from the start of employment; and

(3) Each new employee of a currently enrolled license-exempt center child care provider initially hired for 4 months or less or hired in a license-exempt center offering child care services for 4 months or less, such as a summer or recreational program, shall complete the required training within 2 weeks of the start of employment.

(o) The child care provider shall complete and submit to DHHS all forms and the attachments specified in this section. The process shall not be considered complete until all of the information requested have been received, including any signatures required on such forms.

(p) If there are forms or required documentation missing, DHHS shall notify the provider in writing of the items required before the enrollment can be processed.

(q) DHHS shall review all background checks received for child care providers, employees, and household members. If a criminal background check shows the existence of a finding pursuant to He - C 6920.05(a) or a conviction then DHHS shall conduct an investigation pursuant to He-C 6920.07 to determine whether the individual poses a threat to the safety of children pursuant to RSA 170-E:7 and whether the enrollment should be denied.

(r) The child care provider shall submit the applicable forms and documentation listed in this section by email to DCYF providerrelations@dhhs.nh.gov or by mail to:

Department of Health and Human Services

DCYF Provider Relations

129 Pleasant Street

Brown Building 3rd Floor

Concord, NH 03301

(s) DHHS shall review the forms and documents in (d) and (e) above and the results of the background determination in (r) above to determine whether the provider meets all of the qualifications and requirements for enrollment under He-C 6912.

(t) The enrollment application process shall be complete as of the date DHHS makes the determination in (r) above and sends the written notification of the provider's approval or denial of enrollment. A child care provider shall not be eligible to receive payment prior to the date indicated in the written notification.

(u) If approved, enrollment shall continue for a period of 3 years from the date on the written verification for child care providers.

(v) For a licensed foster care parent enrolling as a license-exempt child care provider, if approved, enrollment shall continue for a period of 2 years from the date on the written verification..

(w) All forms and documentation applicable to the child care provider shall be submitted according to Table 6912.1 below:

Table 6912.1

Forms and Documentation Required for Protective Child Care Enrollment

Form or Document	Licensed	License-Exempt	Licensed Foster Parent
Copy of current N.H. child care license	X	*	*
Copy of current Foster Care license	*	*	X
Form 1860 "Child Care Provider Agreement" (May 2020)	X	X	X
Form 1862 "Child Care Provider Enrollment Form" (May 2020)	X	X	X
"State of NH Alternate W-9 Form" (October 2016)	X	X	X
Form 2679 "Provider Web-Billing User Account Request" (November 2016)	X	X	X
"Form 2503 DCYF Central Registry Name Search Authorization" (October 2016)	*	X	*
Form 2505 "Background Check Information and Authorization" (February 2017)	*	X	*
DSS P372 "NH Health and Human Services Criminal History Record Information Authorization" (10/1/16)	*	X	*
Health and Safety Training Documentation	*	X	*
First Aid Certification for Pediatric	*	X	*
Pediatric CPR Certification	*	X	*

(x) An asterisk shown in Table 6912.1 shall mean that, for a provider submitting a copy of a current DHHS child care license for purposes of enrollment, the form or document indicated by the asterisk (*) has been provided during the child care licensing process under He-C 4002, and shall not be required to be resubmitted during the enrollment process.

(y) An "X" shown in Table 6912.1 shall mean that the provider shall submit the required form or document indicated by the "X" during the enrollment process.

(z) DHHS shall assign an enrolled child care provider a unique resource identification number for each child care location to be used for child care scholarship payment.

(aa) An enrolled child care provider shall notify DHHS in writing within 10 calendar days of any change in the information provided on the enrollment forms, background check, or criminal history record information authorization provided in Table 6912.1, except as stated in (ad) below.

(ab) A child care provider who has changed or obtained a new tax identification number shall report the new tax identification number to DHHS as required in (aa) above, and submit an updated copy of the Form 1862, "Child Care Provider Enrollment Form" (May 2020) and an updated "State of NH Alternate W-9 Form" (October 2016);

(ac) After DHHS receives the information in (aa) above and forms documenting a change as required in (ab) above, DHHS shall assign the provider a new resource identification number.

(ad) An enrolled child care provider shall be a vendor of child care services and shall not be considered an employee of DHHS.

(ae) All enrolled child care providers of child care scholarship shall notify DHHS within 2 calendar days if the location of child care services changes.

(af) If a license-exempt child care provider changes the location of child care services from the child's foster home or the foster parent's private home, DHHS shall not make payment until background checks required by He-C 6920.04 are completed and received for all household members.

N.H. Code Admin. R. He-C 6912.11

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