N.H. Code Admin. R. He-C 6914.04

Current through Register No. 25, June 20, 2024

Section He-C 6914.04 - Employment Related Child Care Provider Qualifications and Requirements for Enrollment

(a) 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 licensed pursuant to He-C 6914.03(r) or the definition of license-exempt pursuant to He-C 6914.03(s) and (t);

(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;

(6) 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 as approved by DHHS;

(7) Not be a member of the same residence as the parent or child(ren) receiving child care scholarship unless:

a. The child(ren) is in foster care and receiving protective child care scholarship; and

b. Where the "residence" is a dwelling which:

1. Has a separate bathroom and kitchen;

2. Has a separate entrance and mailing address; and

3. For which there are independent living expenses including one or more of the following:

(i) Electricity billing statement for the address identified in b. above;

(ii) Gas or oil billing statement for the address identified in b. above; or

(iii) A lease agreement stating that any of above costs are included in the payment of rent;

(8) If license-exempt shall:

a. If home based:

1. Submit to an annual announced monitoring visit as defined in He-C 6916.03(l) prior to DHHS enrollment; and

2. Comply with all the minimum standards for health and safety as required by He-C 6916; or

b. If facility based:

1. Submit to an annual announced monitoring visit as defined in He-C 6917.03(n); and

2. Comply with the minimum standards for health and safety as required by He-C 6917;

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

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

(b) In addition to being qualified under He-C 6914.04(a) above, a child care provider seeking to be enrolled shall submit to DHHS the following documentation for each child care location:

(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. "State of New Hampshire Alternate W-9 Form," (October 2016);

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

d. Form 1860 "Child Care Provider Agreement," (May 2020);

(2) If a license-exempt family child care provider:

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

b. "State of New Hampshire Alternate W-9 Form,"(October 2016);

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

d. Form 1860 "Child Care Provider Agreement," (May 2020); and

e. 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), as is required for all individuals who reside in my home, and other individuals not living in the home who have contact with the children for 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."; or

(3) If a license-exempt center child care provider 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. "State of New Hampshire Alternate W-9 Form," (October 2016);

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

d. Form 1860 "Child Care Provider Agreement," (May 2020); and

e. 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) Each licensed and license-exempt child care provider and their employees shall create an account in the "NH Professional Registry" at: https://nhportal.naccrraware.net/nh/ and shall submit proof that the provider and employee has completed the mandatory DHHS NH child care scholarship program training.

(d) 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 as identified in He-C 6920.04(a):

(1) For a license-exempt family 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 license-exempt family provider, the child care provider only, when child care is provided in the child's own home; or

(3) For license-exempt center child providers, the provider and all employees.

(e) 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 (k) below that the provider and employee has completed a minimum of 6 hours of training in all required health and safety topics listed below:

(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; and

(11) Child development, birth through 12 years.

(f) 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 He-C 6914.04(e)(1)-(11) must complete a minimum of 2 hours of professional development in any of the health and safety topics listed in He-C 6914.04(e)(1)-(11).

(g) Child care programs that serve only children attending part day kindergarten or full-day public school shall be exempt from He-C 6914.04(e)(2) and (6).

(h) Each license-exempt child care provider and employee providing supervision of children or required to meet staff to child ratios, shall submit proof according to (k) below to DHHS 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.

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

(j) Each license-exempt provider and employee shall obtain documentation of successful completion of the training in (e) 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.

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

(l) Each license-exempt child care provider and employee, shall complete the required health and safety training and certification in (e) and (h) 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 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.

(m) Each license-exempt child care provider shall schedule an annual announced monitoring visit no later than 2 weeks after receiving contact from DHHS to determine compliance with He-C 6916 and He-C 6917 except when:

(1) The child(ren) cared for in the child's home with no additional children are not related to the child(ren); or

(2) The child(ren) cared for by a relative with no additional children are not related to the child(ren) or provider.

(n) If the license-exempt child care provider is exempt from (m) above, the provider and where applicable, the parent, shall complete and submit to DHHS Form 2692 "Health and Safety Self Certification" (May 2020) certifying the following:

"The home has working smoke detectors and fire extinguishers on all floors.

The child care provider does not use corporal punishment. Corporal punishment means the use of physical force, physical restraint, or physical actions against a child as a means of discipline.

The child care provider will allow the parent or guardian unlimited access to the children while in his/her care.

The child care provider must be free of communicable diseases; be physically able and mentally capable of caring for the children.

The home has been checked (including indoor care areas and yard, and is safe for children. Children are protected from dangers such as standing bodies of water including pools and spas, electrical outlets, stairs, poisonous materials, medications, guns, and ammunition. A self-assessment checklist is available at http://nh.childcareaware.org/wp-content/uploads/2018/09/LE-FFN-Self-Check-List.pdf.

The provider has access to a telephone communications and emergency telephone numbers are readily accessible.

Provider's Statement: I certify all information provided and contained on this form are true and accurate to the best of my knowledge. If I am providing child care to a related child in my home, I certify that my home meets the basic health and safety requirements listed in Section 3. I understand that health and safety training resources are available at www.nh.childcareaware.org.

Parent/Guardian's Statement: I have approved the person named on this form to care for my children. I understand all information provided and contained on this form are true and accurate to the best of my knowledge. I understand that it is my responsibility to make sure the child care provided to my children and the place where care is provided is safe. I understand that the State of NH will not monitor the safety of the child care provided. I take full responsibility for the child care provided by this child care provider."

(o) A child care provider shall complete and submit to DHHS all forms and attachments specified in this section.

(p) The child care provider shall submit the applicable forms and documentation listed in this section by mail to:

Department of Health and Human Services

Bureau of Child Development and Head Start Collaboration

129 Pleasant Street

Concord, NH 03301

(q) 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.

(r) The enrollment process shall be considered complete when:

(1) All forms and attachments specified in this section are submitted to DHHS, including any signatures required on such forms; and

(2) If applicable, the DHHS announced monitoring visit referenced in (m) above, has been conducted by the child care licensing unit (CCLU).

(s) The enrollment date shall be effective the date the DHHS announced monitoring visit was conducted and deemed to meet the requirements of He-C 6916 or He-C 6917, except license exempt providers pursuant to (m) (1) and (2) above, the effective date shall be when all forms and attachments specified in this section are submitted to DHHS, including Form 2692 "Health and Safety Self Certification" (May 2020).

(t) 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 or a conviction 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.

(u) The forms and documents in (r) above and the results of the background determination in (t) above shall be reviewed by DHHS to determine whether the provider meets all of the qualifications and requirements for enrollment under He-C 6914.

(v) The enrollment process shall be complete as of the date DHHS makes the determination in (u) 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.

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

(x) All forms and documentation applicable to the child care provider shall be submitted according to Table 6914.1 below:

Table 6914.1

Forms and Documentation Required for Enrollment

Employment Related Child Care
Form or Document	Licensed	License-Exempt
Copy of current N.H. child care license	X
Form 1860 "Child Care Provider Agreement" (April 2020)	X	X
Form 1862 "Child Care Provider Enrollment Form" (April 2020)	X	X
"State of NH Alternate W-9 Form" (October 2016)	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

(y) An asterisk shown in Table 6914.1 shall mean that for the providers submitting a copy of a current N.H. child care license during enrollment, the form or document indicated by the "*" has been provided during the child care licensing process under He-C 4002, and is not required to be resubmitted during the enrollment process.

(z) An "X" shown in Table 6914.1 shall mean that the provider shall submit the required form or document indicated by the "X" during the enrollment process.

(aa) 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.

(ab) 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 provided in Table 6914.1, except as stated in (af) below.

(ac) 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 (ab) above and complete and submit a copy of the Form 1862, "Child Care Provider Enrollment Form" (May 2020) and "State of New Hampshire Alternate W-9 Form, "(October 2016);

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

(ae) If a child care provider has had his or her child care license under He-C 4002 denied or suspended, DHHS shall review the documentation of the license denial or suspension from the DHHS child care licensing unit, to determine if the child care provider meets the qualifications of a license-exempt provider in accordance with He-C 6914 and RSA 170-E:12.

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

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

(ah) If a license-exempt child care provider changes the location of child care services from the child's own home to the provider'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 6914.04

Derived from Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12223, Effective 7/10/2017, 7/10/2027.

Amended by Volume XXXVIII, Number 23, Filed June 7, 2018, Proposed by #12536, Effective 5/24/2018, Expires 5/24/2028.

Amended by Volume XL Number 27, Filed July 9, 2020, Proposed by #13065, Effective 7/1/2020, Expires 7/1/2030