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(a) The department shall conduct an investigation when the individual has a:
(1) Conviction of fraud in this or any other state by a court of law;
(2) Conviction of any crime as referenced in RSA 170-E:7, IV; or
(3) Complaint of abuse, neglect, or exploitation substantiated by the department or in any other state.
(b) During the course of the investigation, each individual for whom a background check reveals criminal convictions or a history of founded abuse or neglect shall have the opportunity to present supporting documentation in accordance with RSA 170-E:7, IV and as described in (c) below.
(c) The applicant, in-home provider, facility-based program staff member, or household member with the conviction or finding, may submit to the department any supporting documentation that states how the individual does not pose a present threat to the safety of children from mental health professionals, physicians, law enforcement professionals, or any other professional who can attest as such.
(d) Upon receipt of the supporting documentation described in (c) above, the department shall conduct an investigation to determine whether the individual poses a present threat to the safety of children in child care by reviewing the following factors:
(1) The seriousness of the incident(s) or conviction(s) in relation the individual’s child care responsibilities;
(2) The relationship of the criminal act to the provision of child care;
(3) The number of incidents or convictions;
(4) The age of the individual at the time of the incident(s) or conviction(s);
(5) The amount of time since the occurrence of the incident(s) or conviction(s); and
(6) Any attempts made by the individual to correct the behavior, including but not limited to counseling related to the incident.
(e) If the facts indicate that the individual does not pose a present threat to the safety of the children in child care, then the department shall:
(1) Approve the application, if the applicant is otherwise eligible;
(2) Renew the in-home provider’s or facility-based program’s enrollment, if the in-home provider or facility-based program is otherwise eligible; or
(3) Reinstate the in-home provider’s or facility-based program’s child care payments if previously withheld.
(f) If the facts indicate that the applicant or in-home provider poses a present threat to the safety of the children in child care, then the application shall be denied and the enrollment shall be revoked.
(g) When the facts indicate that the individual poses a present threat to the safety of the children in child care, the application shall be denied or an enrollment shall be revoked if the applicant, in-home provider, or facility-based program does not submit a corrective action plan and:
(1) The in-home provider does not remove the household member from the home; or
(2) The facility-based program does not remove the staff member from the program.
(h) The applicant, in-home provider, or facility-based program shall submit proof of the removal of an individual who poses a present threat to the safety of children within 2 business days from the date of the receipt of notification in (j) below, or the application shall be denied or the revocation of the enrollment shall take effect.
(i) The applicant or provider may appeal the denial of the initial or renewal application or the revocation of the enrollment in accordance with He-C 6920.10.
(j) The applicant or provider shall receive written notification of the information contained in (f) and (g) above.
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 6920.10 ); ss by #13401, eff 7-1-22 ; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35