Section He-C 6920.04 - Background Check Requirements(a) A background check shall be conducted in accordance with RSA 170-E:3-a and RSA 170-E:7 on any of the following individuals who will have regular contact with or provide care for children in a child care setting in a private home or facility-based program: (1) The applicant or in-home provider;(2) Each staff member affiliated with the facility-based program; and(3) All household members residing with the applicant or in-home provider.(b) A background check of each individual listed in (a) above who are 18 years of age or older shall be conducted in accordance with RSA 170-E:3-a and RSA 170-E:7 and as described in (c), (d), or (g) below, as follows: (1) At the time of an applicant's initial request for enrollment in accordance with He-C 6914;(2) For facility-based programs, prior to the first day of employment for any new staff member;(3) For in-home providers, prior to the first day that:a. A new household member moves into the home; andb. A previous household member returns to the home;(4) For in-home providers, within 30 calendars days that a current household member turns 18 years of age; and(5) Once every 5 years for each individual listed in (a) above in order to maintain enrollment.(c) Form DSSP372 "New Hampshire Health and Human Services Criminal History Record Information Authorization," (October 2016) shall be completed for the release of criminal records, as well as state and national sex offender registry checks, and submitted to DHHS in accordance with RSA 170-E:7 and the department of safety administrative rules Saf-C 5703.10 and Saf-C 5703.11 for individuals listed in (a) above who are 18 years of age or older.(d) During the initial request for enrollment, a complete set of fingerprints shall be submitted with the authorization for release in (c) above in accordance with RSA 170-E:7, I for individuals in (a) above who are 18 years of age or older.(e) The form identified in (c) above and the set of fingerprints required by (d) above shall be submitted in accordance with RSA 170-E:7, I, and II to: NH State Police, Criminal Records Unit
33 Hazen Drive
Concord, NH 03301
(f) Any forms erroneously submitted to the BCDHSC shall be returned to the provider or applicant seeking enrollment.(g) For any individual in (a) above who is 12 years of age or older, the provider shall complete and submit Form 2503 entitled "NH Child Abuse and Neglect Central Registry Name Search Authorization Lead Agency Child Care Release of Information" (May 2020) for the purpose of submitting the individual's name for a check against the central registry of New Hampshire and any other state the individual has lived in during the previous 5 years.(h) The form in (g) above shall be submitted to: Bureau of Child Development and Head Start Collaboration
Attention: Provider Enrollment Specialist
Division of Economic and Housing Stability
129 Pleasant Street
Concord, NH 03301
(i) Any individual who has been separated from employment from a child care provider within the state for a period of 180 consecutive days or more, shall be required to submit a new criminal background check prior to employment or submitting an application seeking enrollment, as described in (b)(5) above pursuant to RSA 170-E:7, II-a, (b).(j) If the results of the background check are not received by BCDHSC due to the applicant's or provider's failure to complete the process described in He-C 6920.04(a) through (h) above, the application for initial enrollment or renewal of enrollment shall be denied, and the payments to the provider shall be withheld in accordance with He-C 6920.08.(k) BCDHSC shall make a determination regarding the individual's eligibility in accordance with RSA 170-E:7, III, and IV, and notify the provider and individual within 45 days of submission of all required information.(l) Individuals required to complete background record checks as specified in (a), (c), (d), and (g) above shall not have access to children or be on the premises of the child care facility, the in-home provider's home, or the child's home, if care is provided there, during the hours of child care until the provider receives notice of eligibility to work pursuant to RSA 170-E:7,III from BCDHSC.(m) When BCDHSC receives the results of the fingerprint-based background check for a staff member in a facility-based program that does not include any disqualifying information as described in RSA 170-E:7, III, and IV, BCDHSC shall notify the program that the staff member may be present in the program, provided the staff member is never alone with children and always under the direct supervision and observation shall continue until BCDHSC receives all results from the background check required in RSA 170-E:7 and notifies the program and staff member.N.H. Code Admin. R. He-C 6920.04
#7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12
Amended by Volume XLII Number 28, Filed July 14, 2022, Proposed by #13401, Effective 7/1/2022, Expires 7/1/2032.