N.H. Code Admin. R. He-C 6920.05

Current through Register No. 25, June 20, 2024

Section He-C 6920.05 - Procedure When a Criminal Conviction or Central Registry History Exists

(a) BCDHSC shall send written notification in accordance with this section when the results of the background check completed in accordance with He-C 6920.04 show that:

(1) The individual might pose a present threat to the safety of children due to:

a. A conviction that is a felony offense that might be directly or indirectly harmful to children in child care;

b. A founded report of abuse or neglect in the central registry; or

c. Any conviction listed in RSA 170-E:7III, or IV; or

(2) The individual might pose a present threat to the safety of children as a result of a criminal conviction history that includes a violent or sexually related crime against a child or an adult.

(b) When an applicant's background check indicates a conviction or finding as described in (a) above, the applicant shall receive written notification of the following:

(1) The results of the background check;

(2) A request that the applicant submit supporting documentation within 10 calendar days of the date of receipt of the notification;

(3) Information that BCDHSC shall review the supporting documentation submitted and shall conduct an investigation in accordance with He-C 6920.07 in order to make a determination on the application;

(4) Information that failure to submit supporting documentation as described in (2) above shall result in denial of the application;

(5) Information that if the investigation indicates that the applicant poses a present threat to the safety of children, then the application shall be denied; and

(6) Information that the applicant may appeal BCDHSC's decision on the application in accordance with He-C 6920.10.

(c) When an in-home provider's background check at subsequent background checks as required in He-C 6920.04(b)(5), indicates a conviction or finding as described in (a) above, the provider shall receive written notification of the following:

(1) The results of the background check;

(2) That payments to the in-home provider shall be withheld until an investigation is completed in accordance with He-C 6920.07;

(3) A request that the in-home provider submit supporting documentation within 10 calendar days of the date of receipt of the notification;

(4) Information that BCDHSC shall review the supporting documentation submitted and conduct an investigation in order to make a determination as follows:

a. That if the individual poses a present threat to the safety of children, then BCDHSC shall revoke their enrollment in accordance with He-C 6920.08; or

b. That if the individual does not pose a present threat to the safety of children, then BCDHSC shall reinstate payments;

(5) Information that failure to submit supporting documentation as described in (3) above shall result in revocation of the enrollment; and

(6) Information that the in-home provider may appeal the revocation in accordance with He-C 6920.10.

(d) When a facility-based program staff member is working per He-C 6920.04(m) and the staff member's background check indicates a conviction or finding as described in (a) above, the staff member, and authorized representative shall receive written notification as follows:

(1) The facility-based program shall be notified that:

a. The background check reveals a conviction or finding as described in (a) above;

b. The authorized representative shall submit a corrective action plan in accordance with He-C 6920.06; and

c. The facility-based program shall temporarily suspend the staff member pending the outcome of the investigation unless a corrective action plan has been approved by BCDHSC in accordance with He-C 6920.06; and

(2) The staff member shall be notified of the following:

a. The results of the background check;

b. That the staff member shall submit supporting documentation within 10 calendar days of the receipt of the notification; and

c. The facility-based program shall temporarily suspend the staff member pending the outcome of the investigation.

(e) When a background check of a household member who shall be present at the residence while there are children in care indicates a conviction or finding as described in (a) above, written notification shall be sent as follows:

(1) The applicant shall be notified that:

a. The background check indicates a conviction or finding as described in (a) above;

b. Supporting documentation showing that the household member does not pose a present threat to the safety of children shall be submitted within 10 calendar days of the date of receipt of the notification by the following:

1. The household member, if over the age of 18; or

2. The parent or legal guardian, if the household member is under the age of 18;

c. Failure to submit the supporting documentation in b. above shall result in the denial of application; and

d. The applicant may appeal the decision to deny the application in accordance with He-C 6920.10;

(2) The in-home provider shall be notified that:

a. The background check indicates that the household member has a conviction or finding as described in (a) above;

b. The in-home provider shall submit a corrective action plan as described in He-C 6920.06;

c. Supporting documentation showing that the household member does not pose a present threat to the safety of children shall be submitted within 10 calendar days of the date of receipt of the notification by:

1. The household member, if over the age of 18; or

2. The parent or legal guardian, if the household member is under the age of 18;

d. Payments shall be withheld pending the investigation;

e. Failure to submit a corrective action plan as described in b. above shall result in revocation of the enrollment in accordance with He-C 6920.08;

f. Failure to submit supporting documentation as described in c. above shall result in revocation of the enrollment in accordance with He-C 6920.08; and

g. The in-home provider may appeal the decision to revoke the enrollment in accordance with He-C 6920.10; and

(3) The household member or parent or legal guardian, as applicable, shall be notified:

a. Of the results of the background check; and

b. That the individual shall submit supporting documentation that they do not pose a present threat to the safety of children within 10 calendar days of the notice in (1) or (2) above.

(f) If the staff member or household member does not submit supporting documentation as described in (c), (d), or (e) above, then BCDHSC shall:

(1) Notify the applicant, in-home provider, or facility-based program that the respective staff member or household member is not cooperating with the investigation; and

(2) Notify the in-home home provider and facility-based program that if the supporting documentation is not received within 2 business days of the date of receipt of the notice, then child care payments shall be withheld until the information is received.

(g) If the time limit in (f)(2) for receipt of information has been exhausted, then payment to the in-home provider or facility-based program shall be withheld until one of the following is met:

(1) The supporting documentation requested is submitted, the investigation is completed, and the result of the investigation shows that the staff member or household member does not pose a present threat to the safety of children;

(2) The facility-based program submits supporting documentation that the staff member is no longer affiliated with the facility-based program, such as, but not limited to:

a. Staff records which indicate that the staff member has not been in attendance;

b. A copy of the termination letter from the provider to the staff member;

c. A copy of the resignation letter from the staff member; or

d. A signed and dated statement from the authorized representative that the staff member is no longer affiliated with the facility-based program; or

(3) For in-home providers, a signed and dated statement from the in-home provider that confirms that the household member shall not:

a. Be on the premises when there are children in child care; and

b. Have any contact with the children in child care.

N.H. Code Admin. R. He-C 6920.05

#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.