N.H. Admin. Code § He-M 518.10

Current through Register No. 45, November 7, 2024

Section He-M 518.10 - Staff Qualifications and Responsibilities

(a) Each provider agency shall have:

(1) A sufficient number of personnel, qualified pursuant to (c) below, available to meet the individual and collective employment-related needs of each individual served; and

(2) Staff who meet the requirements of (h) or (i) below.

(b) Prior to a person providing employment services to individuals, the provider agency, with the consent of the person, shall:

(1) Obtain at least 2 references for the person;

(2) Complete, at a minimum, a New Hampshire criminal records check;

(3) If a person's primary residence is out of state, complete a criminal records check for the person's state of residence; and

(4) If a person has resided in New Hampshire for less than one year, complete a criminal records check for the person's previous state of residence.

(c) Except as allowed in (d) -(f) below, the provider agency shall not hire a person:

(1) Who has a:

a. Felony conviction; or

b. Any misdemeanor conviction involving:

1. Physical or sexual assault;

2. Violence;

3. Exploitation;

4. Child pornography;

5. Threatening or reckless conduct;

6. Theft;

7. Driving under the influence of drugs or alcohol; or

8. Any other conduct that represents evidence of behavior that could endanger the well being of an individual; or

(2) Whose name is on the registry of founded reports of abuse, neglect, and exploitation pursuant to RSA 161-F:49.

(d) A provider agency may hire a person with a criminal record listed in (c) (1) a. or b. above for a single offense that occurred 10 or more years ago in accordance with (e) and (f) below. In such instances, the individual, his or her guardian, and the area agency shall review the person's history prior to approving the person's employment.

(e) Employment of a person pursuant to (d) above shall only occur if such employment:

(1) Is approved by the individual, his or her guardian, and the area agency;

(2) Does not negatively impact the health or safety of the individual(s); and

(3) Does not affect the quality of services to individuals.

(f) Upon hiring a person pursuant to (d) above, the provider agency shall document and retain the following information in the individual's record:

(1) Identification of the region, according to He-M 505.04, in which the provider agency is located;

(2) The date(s) of the approvals in (e) above;

(3) The name of the individual or individuals for whom the person will provide services;

(4) The name of the person hired;

(5) Description of the person's criminal offense;

(6) The type of service the person is hired to provide;

(7) The provider agency's name and address;

(8) A full explanation of why the provider agency is hiring the person despite the person's criminal record;

(9) Signature of the individual(s) or legal guardian(s) indicating agreement with the employment and date signed;

(10) Signature of the staff person who obtained the individual's or guardian's signature and date signed;

(11) Signature of the area agency's executive director or designee approving the employment; and

(12) The signature and phone number of the person being hired.

(g) Provider agencies shall provide initial and ongoing training as required in He-M 506 and as required to implement services in He-M 518.05 and He-M 518.07.

(h) Employment professionals shall:

(1) Meet one of the following criteria:

a. Have completed, or complete within the first 6 months of becoming an employment professional, training that meets the national competencies for job development and job coaching, as established by the Association of People Supporting Employment First (APSE) in "APSE Supported Employment Competencies" (Revision 2010), available as noted in Appendix A; or

b. Have obtained the designation as a Certified Employment Services Professional through the Employment Services Professional Certification Commission (ESPCC), an affiliate of APSE; and

(2) Obtain 12 hours of continuing education annually in subject areas pertinent to employment professionals including, at a minimum:

a. Employment;

b. Customized employment;

c. Task analysis/systematic instruction;

d. Marketing and job development;

e. Discovery;

f. Person-centered employment planning;

g. Work incentives for individuals and employers;

h. Job accommodations;

i. Assistive technology;

j. Vocational evaluation;

k. Personal career profile development;

l. Situational assessments;

m. Writing meaningful vocational objectives;

n. Writing effective resumes and cover letters;

o. Understanding workplace culture;

p. Job carving;

q. Understanding laws, rules, and regulations;

r. Developing effective on the job training and supports;

s. Developing a fading plan and natural supports;

t. Self-employment; and

u. School to work transition.

(i) At a minimum, job coaching staff shall be trained on all of the following prior to supporting an individual in employment:

(1) Understanding and respecting the business culture and business needs;

(2) Task analysis;

(3) Systematic instruction;

(4) How to build natural supports;

(5) Implementation of the fading plan;

(6) Effective communication with all involved; and

(7) Methods to maximize the independence of the individual on the job site.

(j) Supervisors of employment professionals shall ensure employment professionals and job coaches meet the criteria outlined in (h) and (i) above.

N.H. Admin. Code § He-M 518.10

#10493, eff 2-18-14 (from He-M 518.08 )