Procedure When a Criminal Conviction or Central Registry History Exists

(a) When an applicant’s background check includes a disqualifying crime pursuant to RSA 170-E:7, III, the applicant will not be authorized to receive payment for services from the department pursuant to RSA 170-E:7, III(a).

(b) When an applicant’s background check indicates a conviction or finding in accordance with RSA 170-E:7, IV, 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 dae of receipt of the notification;

(3) Information that the department 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 the department’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 in accordance with RSA 170-E:7, IV, 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 the department 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 the department 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 the department 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 and the staff member’s background check indicates a conviction or finding in accordance with RSA 170-E:7, IV, the authorized representative shall receive written notification as follows:

(1) The background check reveals a conviction or finding;

(2) The authorized representative shall submit a corrective action plan in accordance with He-C 6920.06; and

(3) 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 the department in accordance with He-C 6920.06.

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

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; ss by #13401, eff 7-1-22 ; amd by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35