N.H. Code Admin. R. He-C 6916.20

Current through Register No. 24, June 13, 2024
Section He-C 6916.20 - Confidentiality
(a) Except for law enforcement agencies or in an administrative proceeding against the applicant or enrolled programs, the department shall keep confidential any information collected during an investigation, unless it receives an order to release, destroy, or take any action relating to the information from a court of competent jurisdiction.
(b) When the department determines that any child was the victim of corporal punishment, or other harsh punishment or treatment, or has been physically or mentally injured because the child was not supervised, or any child's health, safety, or well-being was otherwise jeopardized due to a program's non-compliance with He-C 6916, the department shall contact the child's parent to ensure that staff have fully informed the parent about the corporal punishment, or other harsh punishment or treatment, or the incident which injured their child or placed their child at risk, in accordance with He-C 6916.13(f).
(c) Programs shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of children under their care and all facts learned about children and their families with the following exceptions:
(1) Programs shall allow the department access to all records that programs are required by department rule or state statute to keep, and to such records as necessary for the department to determine staffing patterns and staff attendance; and
(2) Programs shall release information regarding a specific child only as directed by a parent of that child, or upon receipt of written authorization to release such information, signed by that child's parent.
(d) In addition to (c) above, programs shall discuss or share information regarding the admission, progress, behavior, health, or discharge of a child with the child's parent in a manner that protects and maintains confidentiality for both the child and the child's parent.

N.H. Code Admin. R. He-C 6916.20

Derived from Number 23, Filed June 8, 2023, Proposed by #13650, Effective 5/25/2023, Expires 5/25/2033 (formerly He-C 6916.19).