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Home » US Law » 2022 New Hampshire Revised Statutes » Title XII - Public Safety and Welfare » Title 170-E - Child Day Care, Residential Care, and Child-Placing Agencies

Section 170-E:1 – Purpose.

    170-E:1 Purpose. – The purpose of this subdivision is to provide for the licensing of child day care agencies. Source. 1990, 257:8, eff. Jan. 1, 1991.

Section 170-E:10 – Record of Licenses and Investigatory and Monitoring Visits.

    170-E:10 Record of Licenses and Investigatory and Monitoring Visits. – I. The department shall keep in a central depository records of licenses issued under this subdivision and all investigatory and monitoring reports, and final decisions relative to licensure that have been made relative to licensees. When a license is issued to a child day […]

Section 170-E:10-a – Informal Dispute Resolution.

    170-E:10-a Informal Dispute Resolution. – I. The department shall offer an opportunity for informal dispute resolution to any child day care agency that disagrees with the results or findings of a monitoring visit. The child day care agency shall submit a written request for informal dispute resolution no later than 14 days from the […]

Section 170-E:11 – Rulemaking.

    170-E:11 Rulemaking. – The commissioner shall adopt rules, under RSA 541-A, relative to: I. Minimum standards for licensing which apply to the various types of child day care agencies. The department shall seek the advice and assistance of persons representative of the various types of child day care agencies in adopting rules. The standards […]

Section 170-E:12 – License or Permit Suspension, Revocation, or Denial.

    170-E:12 License or Permit Suspension, Revocation, or Denial. – The department may suspend, revoke, deny or refuse to renew any license or permit if the licensee or permit holder: I. Neglects or abuses children in his care; II. Does not comply with this subdivision or the rules adopted under this subdivision relative to the […]

Section 170-E:13 – Notice and Hearing.

    170-E:13 Notice and Hearing. – I. Should the department determine to suspend, revoke, deny, or refuse to renew a license or permit, it shall send to the applicant, licensee or permittee, by registered mail, an order setting forth the particular reasons for the determination. The suspension, revocation or denial shall become final 10 days […]

Section 170-E:14 – Appeal.

    170-E:14 Appeal. – Any person aggrieved by any decision rendered after a rehearing held or an appeal brought under RSA 170-E:13, IV may appeal the decision to the superior court. Source. 1990, 257:8, eff. Jan. 1, 1991.

Section 170-E:15 – Operation Without a License.

    170-E:15 Operation Without a License. – Whenever the department is advised, or has reason to believe, that any person is operating a child day care agency without a license or permit, or in violation of any of the provisions of this subdivision, it may make an investigation to ascertain the facts. If it finds […]

Section 170-E:16 – Advertising.

    170-E:16 Advertising. – A child day care agency licensed or operating under a permit issued by the department may publish advertisements of the services for which it is specifically licensed or issued a permit under this subdivision. No person who is required to obtain a license or permit under this subdivision may advertise or […]

Section 170-E:17 – Investigation.

    170-E:17 Investigation. – I. If the department has reason to believe that state or federal funds solicited and received by a corporation for conduct of a child day care agency are not being used for the purpose for which the funds were awarded, or are being fraudulently used by the corporation or its members, […]

Section 170-E:18 – Oaths; Subpoenas.

    170-E:18 Oaths; Subpoenas. – I. The department shall have the power to administer oaths in any disciplinary proceedings. II. Upon request of the commissioner, the attorney general shall be authorized, for good cause shown, to subpoena witnesses and to compel, by subpoena duces tecum, the production of papers and records in any disciplinary proceedings […]

Section 170-E:19 – Records.

    170-E:19 Records. – Every child day care agency shall keep and maintain such records as the department shall prescribe by rule pertaining to the admission, progress, health and discharge of children under the care of the child day care agency and shall report relative to such matters to the department whenever called for, upon […]

Section 170-E:2 – Definitions.

    170-E:2 Definitions. – In this chapter: I. "Applicant" means a person, institution or agency who intends to receive for child day care one or more children unrelated to the operator and who indicates that intent to the department by filling out the forms prescribed by rule adopted by the commissioner pursuant to RSA 541-A. […]

Section 170-E:20 – Notice of Death.

    170-E:20 Notice of Death. – If any child under the control of any licensed child day care agency dies, the licensee shall give notice of such event to the department within 24 hours. Source. 1990, 257:8, eff. Jan. 1, 1991.

Section 170-E:21 – Penalty.

    170-E:21 Penalty. – I. Any natural person shall be guilty of a class A misdemeanor, and any other person shall be guilty of a class B felony, who conducts, operates, or acts as a child day care agency without a license or permit to do so in violation of RSA 170-E:4, I. II. Any […]

Section 170-E:21-a – Administrative Fines.

    170-E:21-a Administrative Fines. – The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings […]

Section 170-E:22 – Injunctive Relief.

    170-E:22 Injunctive Relief. – Any person may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this subdivision or of the rules adopted under RSA 170-E:11; and the court shall adjudge relief, by way of injunction, which may be mandatory or otherwise as may be […]

Section 170-E:23 – Confidentiality and Investigations.

    170-E:23 Confidentiality and Investigations. – State registry files and all other related confidential information kept by any state agency may be used by the department for the purpose of investigation and licensure. The department shall strictly observe the confidentiality requirements of the agency from which it receives information. Source. 1990, 257:8, eff. Jan. 1, […]

Section 170-E:24 – Purpose.

    170-E:24 Purpose. – The purpose of this subdivision is to provide for the licensing of residential care and child-placing agencies. Source. 1990, 257:8, eff. Jan. 1, 1991.

Section 170-E:25 – Definitions.

    170-E:25 Definitions. – In this subdivision: I. "Child" means any person under 21 years of age. II. "Child care agency" means any person, corporation, partnership, voluntary association or other organization either established for profit or otherwise, who regularly receives for care one or more children, unrelated to the operator of the agency, apart from […]