Section He-E 701.12 - Notification Following Investigation(a) Upon completion of an investigation resulting in a founded, unfounded, or "investigation not completed" disposition, the investigator shall notify the following individuals and agencies: (1) The alleged victim and his or her guardian, if any;(2) The alleged perpetrator, if any, and his or her guardian, if any;(3) The probate court, if the alleged perpetrator is the guardian of the alleged victim;(4) The department's office of client and legal services, established in accordance with RSA 171-A:19, if the alleged perpetrator is a public guardian of the alleged victim;(5) The facility administrator, or an agency director, if the alleged victim was a resident of a facility or a recipient of services at the time of the alleged abuse, neglect or exploitation;(6) The board of nursing, if the alleged perpetrator is licensed through the board;(7) The bureau of developmental services and the bureau of behavioral health, if the alleged victim is a client receiving services from either or both of these bureaus, or was a client receiving bureau services at the time of the alleged abuse, neglect, or exploitation;(8) The department's health facilities administration when that bureau has jurisdiction over the facility in which the alleged perpetrator is or was employed;(9) A home health agency or another agency, if the agency is or was providing services to the alleged victim, and the agency employs or did employ the alleged perpetrator at the time of the alleged abuse, neglect or exploitation; and(10) The department of justice, if the report was received from law enforcement officials.(b) All notices sent after the completion of an investigation or an "investigation not completed" disposition shall: (1) Be sent by United States Postal Service first class mail, or be hand-delivered;(2) State whether the report was founded, unfounded, or resulted in an "investigation not completed" disposition; and(3) Not include the name of the reporter.(c) If the investigation resulted in a disposition of "investigation not completed," in addition to the information described in (b) above, the notice shall contain the reason for the disposition.(d) In accordance with RSA 161-F:49, II, if the investigation resulted in a founded determination and the perpetrator is registry eligible, the notice(s) issued in accordance with (a) shall: (1) Be sent within 5 business days; and(2) Contain: a. The identity of the perpetrator;b. A description of the allegation stated in the report;c. The reasons for the founded determination, the consequences of such a finding, and that such information is required to be entered on the state registry in accordance with He-E 701.23 and RSA 161-F:49;d. Information on the right to appeal as described in He-E 701.17; ande. In the victim's and his or her guardian's letter only, whether services will be provided.(e) In accordance with RSA 161-F:49, VI, for an investigation that resulted in a founded determination which was caused by factors beyond the control of the perpetrator, the perpetrator shall be notified of that determination and that, as a result, the finding shall not be entered on the registry.(f) For reports of self-neglect or reports of abuse, neglect or exploitation, if the investigation resulted in a founded determination, and the perpetrator is not registry eligible, notice(s) issued in accordance with (a) shall include the following information: (1) The type and description of the allegations stated in the report;(2) The reasons for the founded determination;(3) The procedures by which the perpetrator or victim of self-neglect may request a reconsideration pursuant to He-E 701.14; and(4) In the victim and his or her guardian's letter only, whether services will be provided.N.H. Code Admin. R. He-E 701.12
#5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff 10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at Chapter Heading for He-E 700) #10179, eff 9-1-12