5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: RSA 170-E:2 defines a child care agency as any person, corporation, partnership, voluntary association or other organization, either established for profit or otherwise, which regularly receives for child day care one or more children, unrelated to the operator or staff of the agency. The total number of hours in which a child may remain in child day care shall not exceed 13 hours per day, except in emergencies. Center-based agencies include: RSA 170E:2, IV(c): Group child day care center means a child day care agency in which child day care is provided for preschool children and up to 5 school-age children, whether or not the service is known as day nursery, nursery school, kindergarten, cooperative, child development center, day care center, center for the developmentally disabled, progressive school, Montessori school, or by any other name. RSA 170-E:2, IV(d): Infant and toddler program means a child day care agency in which child day care is provided for any part of a day, for 5 or more children under the age of 3 years. RSA 170-E:2, IV(e): Night care agency means a center or family home in which child day care is provided during the evening and night hours. A child day care agency may be licensed for day care, night care, or both. RSA 170-E:2, IV(f): Preschool program means a child day care agency providing care and a structured program for children 3 years of age and older who are not attending a full day school program. The total number of hours a child may be enrolled in a preschool program shall not exceed 5 hours per day. RSA 170-E:2, IV(g): School-age program means a child day care agency providing child day care before or after, or before and after, regular school hours, and all day any time school is not in session, for 6 or more children enrolled in school, who are 4 years and 8 months of age or older, and which is not licensed under RSA 170-E:56. The number of children shall include all children present during the period of the program, including those children related to the caregiver. New category effective 7/1/2024: RSA 170-E:2, IV(i): Small group child day care center means a child day-care agency in which child day care is provided for not more than 12 preschool children, whether or not the service is known as day nursery, nursery school, kindergarten, cooperative, child development center, day-care center, center for the developmentally disabled, progressive school, Montessori school, or by any other name. Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. b. Identify the family child care providers subject to licensing: Family child care home means "family day care home" as defined in RSA 170-E:2, IV(a), namely "an occupied residence in which child day care is provided for less than 24 hours per day, except in emergencies, for up to 6 children from one or more unrelated families. The 6 children shall include any foster children residing in the home and all children related to the caregiver except children who are 10 years of age or older. In addition to the 6 children, up to 3 children attending a full day school program may also be cared for up to 5 hours per day on school days and all day during school holidays. Family Group Child Care Home: a child care program operated in a home in which the provider resides. In a family group child care home one provider and one family child care worker or assistant may care for 7 to 12 preschool children plus up to 5 children enrolled in a full-day school program. The number of children younger than 36 months of age that may be cared for is limited. Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. c. Identify the in-home providers subject to licensing: In home care is not licensed in New Hampshire. These providers are considered license-exempt. Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions, and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. Kindergartens, nursery schools, or any other daytime programs operated by a public or private elementary or secondary school system or institution of higher learning; Municipal recreation programs, including after-school and summer recreation programs; Any recreational program as defined in RSA 170-E:2, XI-a, namely any before and/or after school, vacation, or summer youth program for children 6 years of age or older offered by a school or religious group, the Boys and Girls Clubs of America, Girls Incorporated, the YMCA, or the YWCA, provided that the program: Does not operate in a private home; Notifies parents or guardians that the program is not subject to licensure under RSA 170-E:4; II; Has policies and procedures to address the filing of grievances by parents and guardians; Is a member in good standing and in compliance with the national organization's minimum standards and procedures. The current version of the rule can be found at: https://www.nh- connections.org/wpcontent/uploads/2023/08/Adopted-Rule-2022-208-He-C- 6916-6917.pd ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Definition of a child day care agency in RSA 170-E: 2, IV "Child day care agency" means any person, corporation, partnership, voluntary association or other organization, either established for profit or otherwise, which regularly receives for child day care one or more children, unrelated to the operator or staff of the agency. The total number of hours in which a child may remain in child day care shall not exceed 13 hours per day, except in emergencies.￿ Definition of ￿Regularly￿ or ￿on a regular basis￿ in RSA 170-E:2, XII, "Regularly" or "on a regular basis" means supervision and care up to and including 7 days a week, whether paid or unpaid, for the following as defined in RSA 170-E:2, IV: (a) family day care home, (b) family group day care home, (c) group child day care center, (d) day care nursery, (e) night care agency, (f) preschool program, and (g) school- age program.￿ iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Persons administering programs, whether licensed or exempted from licensing pursuant to RSA 170-E:3, are subject to the provisions of RSA 170-E:4, II, namely "No child care provider, whether licensed as a child day care agency, required to be licensed as a child day care agency under paragraph I, or exempted from licensing pursuant to RSA 170-E:3, I, shall care for a child in a manner which endangers the health, safety or welfare of the child. For purposes of this paragraph, endangerment shall mean the negligent violation of a duty of care or protection owed to such child or negligently inducing such child to engage in conduct which endangers his or her health or safety. Licensees in violation of this paragraph shall be subject to the provisions of RSA 170-E:12. Persons licensed or exempted from licensing who are in violation of this paragraph shall be enjoined by a court of competent jurisdiction in+ accordance with the provisions of RSA 170-E:22 from caring for such child and may be enjoined, as the court may determine, from caring for other children. Persons operating a child day care agency without a license in violation of paragraph I who engage in negligent conduct that endangers the health, safety, or welfare of the children in their care shall be subject to the criminal penalties in RSA 170-E:21 and may be enjoined from caring for children in accordance with the provisions of RSA 170-E:22. All license-exempt providers applying to enroll to accept NH Child Care Scholarship must receive an initial announced health and safety monitoring inspection in accordance with NH's Health and Safety Standards for License- Exempt Child Care Providers He-C 6916 (center based care) or He-C 6917(family and in-home care). All license-exempt child care providers enrolled to accept NH Child Care Scholarship must receive an announced annual monitoring inspection in accordance with the rules listed above. All licensed programs also receive an unannounced annual visit. b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. Exemptions from licensure in RSA 170-E:3 I. c. Private homes in which any number of the provider's own children, whether related biologically or through adoption, and up to 3 additional children are cared for regularly for any part of the day, but less than 24 hours, unless the caregiver elects to comply with the provisions of this chapter and be licensed. h. Private homes in which the only children in care are the provider's own children, children related to the provider, and children residing with the provider. i. A facility licensed as a family child care provider by a branch of the United States Department of Defense, Army, Navy, Marine Corps, Air Force, Space Force, or by the United States Coast Guard. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Private homes in which any number of the provider's own children, whether related biologically or through adoption, and up to 3 additional children are cared for regularly for any part of the day, but less than 24 hours, unless the caregiver elects to comply with the provisions of this chapter and be licensed; Private homes in which the only children in care are the provider's own children, children related to the provider, and children residing with the provider. The current version of the rule can be found at: https://www.nh- connections.org/wp-content/uploads/2023/08/Adopted-Rule-2022-208-He-C- 6916-6917.pdf iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Persons administering programs, whether licensed or exempted from licensing pursuant to RSA 170-E:3, are subject to the provisions of RSA 170-E:4, II, namely "No child care provider, whether licensed as a child day care agency, required to be licensed as a child day care agency under paragraph I, or exempted from licensing pursuant to RSA 170-E:3, I, shall care for a child in a manner which endangers the health, safety or welfare of the child. For purposes of this paragraph, endangerment shall mean the negligent violation of a duty of care or protection owed to such child or negligently inducing such child to engage in conduct which endangers his other health or safety. Licensees in violation of this paragraph shall be subject to the provisions of RSA 170-E:12. Persons licensed or exempted from licensing whoare in violation of this paragraph shall be enjoined by a courtof competent jurisdiction in accordance with the provisions of RSA 170-E:22 from caring for such child and may be enjoined, as the court may determine, from caring for other children. Persons operating a child day care agency without a license in violation of paragraph I who engage in negligent conduct that endangers the health, safety, or welfare of the children in their care shall be subject to the criminal penalties in RSA 170-E:21 and may be enjoined from caring for children in accordance with the provisions of RSA 170-E:22. All license-exempt providers applying to enroll to accept NH Child Care Scholarship must receive an initial announced health and safety monitoring inspection in accordance with NH's Health and Safety Standards for License- Exempt Child Care Providers He-C 6916 (center based care) or He-C 6917(family and in-home care). All license-exempt child care providers enrolled to accept NH Child Care Scholarship must receive an announced annual monitoring inspection in accordance with the rules listed above. All licensed programs also receive an annual visit although it is unannounced. c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. License Exempt Child Home Non-Relative Provider, these providers are defined as caring for the child in the child's home. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Licensed exempt programs cannot exceed 23 hours of care, can have up to 4 children in care at any given time and their ages of children is infant to 13 years of age. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. They are required to do all Health and Safety trainings, CPR and First Aid training and a monitoring visit by Child Care Licensing Unit. He-C 6914.04, (e) Each license-exempt child care provider and each employee providing supervision of children or required to meet staff to child ratios, shall submit proof according to (k) below that the provider and employee has completed a minimum of 6 hours of training in all required health and safety topics listed below: (1) Prevention and control of infectious diseases (2) Prevention of sudden infant death syndrome and use of safe sleeping practices (3) Administration of medication, consistent with standards for parental consent (4) Prevention of and response to emergencies due to food and allergic reactions (5) Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic; (6) Prevention of shaken baby syndrome and abusive head trauma (7) Recognizing and reporting child abuse and neglect (8) Emergency preparedness and response planning (9) Handling and storage of hazardous materials and the appropriate disposal of Bio contaminants; (10) For providers offering transportation, appropriate precautions in transporting children; and (11) Child development, birth through 12 years (f) A license exempt child care provider and each employee working for programs operating 4 months or less, such as a summer or recreational program, who has completed the health and safety requirements listed in He-C 6914.04(e)(1)-(11) must complete a minimum of 2 hours of professional development in any of the health and safety topics listed in He-C 6914.04(e)(1)-(11). (g) Child care programs that serve only children attending part day kindergarten or full-day public school shall be exempt from He-C 6914.04 (e)(2) and (6). (h) Each license-exempt child care provider and employee providing supervision of children or required to meet staff to child ratios, shall submit proof according to (k) below to DHHS that the provider and each employee has current certification in: (1) Pediatric cardiopulmonary resuscitation (CPR) which shall include instruction in CPR and foreign body airway obstruction management for infants and children by the American Red Cross, American Heart Association, Emergency Care and Safety Institute, National Safety Council, or other nationally recognized organization; and (2) Pediatric first aid (m) Each license-exempt child care provider shall schedule an annual announced monitoring visit no later than 2 weeks after receiving contact from DHHS to determine compliance with He-C 6916 and He-C 6917.