HB 1478 – VERSION ADOPTED BY BOTH BODIES
12Feb2014… 0400h
05/08/14 1638s
2014 SESSION
05/10
HOUSE BILL 1478
AN ACT relative to oversight of child day care agencies.
SPONSORS: Rep. Warden, Hills 39; Rep. Meaney, Hills 6; Rep. Burt, Hills 6; Rep. Pratt, Hills 6; Rep. Hikel, Hills 6; Sen. Boutin, Dist 16
COMMITTEE: Children and Family Law
AMENDED ANALYSIS
This bill requires the department to provide the results of a monitoring visit to the child care agency. The bill also provides the child day care agency with the opportunity to respond and have the agency’s response posted on the department’s website. The bill also establishes a process for informal dispute resolution if the child day care agency disagrees with the department’s findings.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12Feb2014… 0400h
05/08/14 1638s
14-2294
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to oversight of child day care agencies.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Record of Licenses; Investigatory and Monitoring Visits. Amend RSA 170-E:10 to read as follows:
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 care agency, the department shall give notice to the health officer and fire department of the city or town in which the licensee is located stating the granting of such license and its terms. A like notice shall be given of any suspension or revocation of such license.
II. The license itself, [and] the findings of investigatory and monitoring visits, and final decisions relative to licensure of the child day care agency shall be considered public information, posted on the department’s website, and available for review by members of the public; information submitted in the application process, however, shall be private, confidential, and not available for review.
III. At least 5 business days before posting the results or findings of an investigatory visit, monitoring visit, or a final decision relative to licensure on the department’s website, the department shall provide the child day care agency with the results or findings by email or, if the child day care agency has not provided an email address, by United States mail. If the child day care agency submits a reasonable response to the department’s findings, the child day care agency’s response shall be posted with the department’s findings on the website.
2 New Section; Informal Dispute Resolution. Amend RSA 170-E by inserting after section 10 the following new section:
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 date the findings were issued by the department. Within 30 days of receipt of a request for informal dispute resolution and receipt of information from the child day care agency, the department shall review the evidence presented and provide written notice of its decision to the child day care agency
II. Informal dispute resolution shall not be available to any child day care agency against which the department has initiated action to suspend, revoke, deny, or refuse to renew a license or permit under this chapter.
3 Effective Date. This act shall take effect 60 days after its passage.