Denial of Application, Non-Renewal of Enrollment, Withholding of Payments, and Revocation of Enrollment

(a) An application for enrollment shall be denied as a result of a background check when:

(1) Information regarding the criminal records or central registry history is not received by the department as required by He-C 6920.04;

(2) The applicant, staff member, or household member fails to submit supporting documentation within 10 days of the receipt of written notification requesting this information in accordance with He-C 6920.05; or

(3) The investigation conducted by the department on the applicant in accordance with He-C 6920.07 reveals that the applicant, staff member, or household member poses a present threat to the safety of children.

(b) A provider’s enrollment shall not be renewed as a result of a background check when:

(1) Information regarding the criminal records or central registry history is not received by the department due to the failure of the provider to submit the information as required by He-C 6920.04;

(2) The provider, staff member, or household member fails to submit supporting documentation within 10 days of the receipt of notification requesting this information in accordance with He-C 6920.05; or

(3) The investigation conducted by the department in accordance with He-C 6920.07 reveals that the provider, staff member, or household member poses a present threat to the safety of children.

(d) The withholding of payments shall continue until a decision is reached by the department after:

(1) The background check for the provider, staff member, or household member is completed in accordance with He-C 6920.04 and if required, supporting documentation as described in He-C 6920.07(c) is submitted;

(2) The investigation is completed and indicates that the provider, staff member, or household member does not pose a present threat to the safety of children;

(3) The staff member submits supporting documentation as described in He-C 6920.07(c);

(4) The staff member is no longer employed by the facility-based program; or

(5) The household member, or if the household member is under the age of 18, the parent or legal guardian, provides supporting documentation as described in He-C 6920.07(c) or no longer resides at the home of the in-home provider.

(e) Revocation of a provider’s enrollment shall occur when the results of an investigation find that the provider poses as a present threat to the safety of children in child care, or a staff member or household member has been identified to pose a present threat to the safety of children in child care, and:

(1) The staff member or household member, or parent or legal guardian if the household member is under the age of 18, has failed to submit supporting documentation to the department within the required timeframes identified in these rules; or

(2) The provider has:

a. Not completed the corrective action plan in accordance with the timeframes identified in He-C 6920.06; or

b. Failed to implement or comply with an approved corrective action plan.

(f) The applicant or provider shall be sent written notification by certified mail regarding the denial or revocation of the enrollment or if payment will be withheld.

(g) The notification shall:

(1) Inform the applicant of the denial of the application;

(2) Inform the provider that payments shall be withheld or the revocation of enrollment shall be effective 10 business days from the date of the receipt of the notification;

(3) Include the reason(s) for the denial, revocation, or withheld payments; and

(4) Include the applicant’s or provider’s right to appeal in accordance with He-C 6920.10.

(h) Any parent, caretaker relative, or legal guardian eligible under He-C 6910 who is utilizing the child care services of a provider whose enrollment has been revoked or denied due to the results of a background check or an investigation, shall be notified via certified mail of the following:

(1) That the provider does not meet the minimum requirements to operate as a license-exempt child care provider;

(2) The department shall deny child care reimbursement to the provider;

(3) That information obtained by the department from or about the provider is confidential and cannot be made available for review;

(4) That the provider shall no longer provide child care and that the parent, caretaker relative, or legal guardian shall need to seek other child care arrangements; and

(5) Information regarding the New Hampshire Child Care Search portal, found on the “New Hampshire Connections Information System” to assist parents in finding a new child care provider.

Source. #7939, eff 8-23-03; ss by #9979, INTERIM, eff 8-23-11, EXPIRES: 2-21-12; ss by #10088, eff 2-21-12 (from He-C 6920.11); ss by #13401, eff 7-1-22; amd by EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35