CHAPTER 209
SB 94 - FINAL VERSION
02/09/2023 0307s
8Jun2023... 1810h
2023 SESSION
23-1025
06/08
SENATE BILL 94
AN ACT relative to residential child care licensing of child care institutions and agencies.
SPONSORS: Sen. Carson, Dist 14; Sen. Gray, Dist 6
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill modifies and adds definitions to child day care licensing.
This bill modifies the requirements for licensing renewals for child day care licensing.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/09/2023 0307s
8Jun2023... 1810h 23-1025
06/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to residential child care licensing of child care institutions and agencies.
Be it Enacted by the Senate and House of Representatives in General Court convened:
209:1 Child Day Care Licensing; Definitions. Amend RSA 170-E:2, IV(d) to read as follows:
(d) ["Day care nursery"] "Infant and toddler program" means a child day care agency in which child day care is provided for any part of a day, for 5 or more children under the age of 3 years.
209:2 Child Day Care Licensing; License Renewal. Amend RSA 170-E:9, I and II to read as follows:
I. A licensed child day care agency shall file for renewal of its license or permit no later than 3 months prior to the expiration date of the license or permit on forms prescribed by rules adopted by the commissioner under RSA 541-A. An application for the renewal of a license shall not be considered complete until the applicant submits any additional information required by the department, which shall include a corrective action plan if an inspection conducted following receipt of the application for renewal finds the agency out of compliance with a provision or provisions of the applicable licensing rules.
II. The department shall reexamine every child day care agency for renewal of its license or permit, including examination of the premises, program and such records of the agency as the department considers necessary to determine that minimum standards for licensing continue to be met. If the department is satisfied that the agency continues to comply with the minimum standards established by rule for that category of care, which includes the receipt of corrective action plans as defined under RSA 170-E:2 and as established in rule, it shall renew the license to operate.
209:3 New Paragraph; Care Licensing; License Renewal. Amend RSA 170-E:9 by inserting after paragraph III the following new paragraph:
IV. If the department is unable to examine the premises and program due to the program not currently operating after the renewal application is received, the department may renew the license to operate provided the program has submitted the local health and safety approvals required under RSA 170-E:6. The department shall examine the premises and program operations no later than 30 days after the program reopens.
209:4 Residential Care and Child-Placing Agency Licensing; Definitions. Amend RSA 170-E:25 to read as follows:
170-E:25 Definitions. In this subdivision:
I "Child" means any person under 21 years of age, or up to the age of a child with a disability as defined in RSA 186-C:2, I and is receiving special education or special education and related services as identified by the child's school district.
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 the parents, in any facility as defined in this subdivision and maintained for the care of children. The types of child care agencies are defined as follows:
(a) "Child care institution" means a child care agency where more than 12 children are received and maintained for 24-hour care for the purpose of providing them with care or training, or both. The term "child care institution" shall not include:
(1) Any state operated institution for child care or juvenile detention established by law.
(2) Any institution, home, place, or facility operating under a license pursuant to RSA 151:2.
(3) Any boarding school in which children are primarily taught branches of education corresponding to those taught in public elementary schools or high schools, or both, and which operates on a regular academic school year basis, and which is approved by the department of education.
(4) Any licensed recreation camp.
[(a)] (b)(1) "Foster family home" means child care in a residence in which family care and training are provided on a regular basis for no more than 6 unrelated children, unless all the children are of common parentage. The maximum of 6 children includes the children living in the home and children received for child care who are related to the residents.
(2) If the limit of 6 children under subparagraph (a)(1) is reached, the foster family is willing and able to take a sibling or a group of siblings of a child already in their care, and the department has concluded that the foster family is able to provide for the safety, permanency, and well-being of the child or children, the department may, notwithstanding the limitations of subparagraph (a)(1), place the sibling or group of siblings in the foster family home.
[(b)] (c) "Group home" means a child care agency which regularly provides specialized care for at least 5 but no more than 12 children who can benefit from residential living either on a short-term or long-term basis.
(d) "Independent living home" means a child care agency which regularly provides specialized services in adult living preparation in an experiential residential setting for persons 16 years of age or older who have a legal relationship with the department of health and human services and who can benefit from independent living training.
[(c)] (e) "Specialized care" means a child care agency which regularly provides general care for children who are diagnosed as mentally ill, intellectually disabled, or physically disabled and who are determined to be in need of special mental treatment or nursing care, or both.
[(d)] (f) "Homeless youth program" means a program, including any housing facilities utilized by such program, which receives any child for the purpose of providing services to facilitate independent living including all of the following program components: individual assessment, referral, housing, and case management. Such services may be provided directly by the agency or through one or more contracts for services.
[(e)] (g)(1) "Kinship care home" means a type of foster home in which an individual or individuals are licensed to provide care exclusively to kin. There shall be a maximum of 6 children including the children living in the home and children received for child care who are related to the residents.
(2) Notwithstanding the limit of 6 children under subparagraph (e)(1), if the kinship care family is willing and able to take a sibling or a group of siblings of a child already in their care, and the department has concluded that the kinship care family is able to provide for the safety, permanency, and well-being of the child or children, the department may place the sibling or group of siblings in the kinship care home.
[III. "Child care institution" means a residential child care agency where more than 12 children are received and maintained for 24-hour care for the purpose of providing them with care or training, or both. The term "child care institution" shall not include:
(a) Any state operated institution for child care or juvenile detention established by law.
(b) Any institution, home, place or facility operating under a license pursuant to RSA 151:2.
(c) Any bona fide boarding school in which children are primarily taught branches of education corresponding to those taught in public elementary schools or high schools, or both, and which operates on a regular academic school year basis, and which is approved by the department of education.
(d) Any bona fide summer camp.
IV.] III. "Child-placing agency" means any firm, corporation or association which:
(a) Receives any child for the purpose of providing services related to arranging for the placement of children in a foster family home, group home, or child care institution; or
(b) Receives any child for the purpose of providing services related to arranging for the placement of children in adoption.
[V] IV. "Commissioner" means the commissioner of the department of health and human services.
[VI] V. "Corrective action plan" means a written proposal setting forth the procedures by which a child care agency, [child care institution,] or child-placing agency will come into compliance with the standards set by rule adopted by the commissioner under RSA 541-A and subject to the approval of the department. The proposal shall include the time needed to assure compliance and the steps proposed by the agency to reach compliance.
[VII] VI. "Department" means the department of health and human services.
[VIII. "Experiential/wilderness facility" means a child care institution which regularly provides specialized care and training in daily living for more than 12 children but fewer than 57 children, and meets the standards established by the commissioner by rule under RSA 170-E:34, I(a).
IX] VII. "Guardian" means the guardian of the person of a minor, as defined in RSA 463.
[X. "Independent living home" means a child care agency which regularly provides specialized services in adult living preparation in an experiential residential setting for persons 16 years of age or older who have a legal relationship with the department of health and human services and who can benefit from independent living training.]
[X-a] VIII. "Kin" means a child or children who for which there is a connection or history between a child or their parents and another responsible adult, including but not limited to related adults.
[XI] IX. "License" means a complete license issued to an operator of a child care agency[, child care institution] or child-placing agency, authorizing the licensee to operate in accordance with the term and conditions of the license, this subdivision, and the rules of the department.
[XII] X. "Permit" means an issuance to an operator of a child care agency or child-placing agency which shall not be renewable except for good cause shown and which may be granted for a period not exceeding 6 months to agencies whose services the department finds are needed, but which are temporarily unable to conform to the qualification for a license.
[XIII] XI. "Regularly" or "on a regular basis" means supervision and care up to and including 7 days a week service, whether continuous or not, for all types of child care subject to the provisions of this subdivision.
[XIV] XII. "Related" means any of the following relationships by blood, marriage, or adoption: parent, grandparent, brother, sister, stepparent, stepgrandparent, stepbrother, stepsister, uncle, aunt, niece, nephew, first cousin or second cousin.
[XV] XIII. "Respite care" means substitute care provided by a person or agency which is licensed as a child care or child-placing agency.
209:5 New Subparagraph; Child Day Care Licensing; Definitions; Rulemaking; Consultation. Amend RSA 170-E:34, I(a) by inserting after subparagraph (13) the following new subparagraph:
(14) The process for requesting waivers to minimum standards.
209:6 Recreation Camp Licensing; Definitions. Amend RSA 170-E:55, I to read as follows:
I. "Recreation camp" means any place set apart for recreational purposes for [boys and girls] children. It shall not apply to group child day care centers and preschool programs as defined in RSA 170-E:2, private camps owned or leased for individual or family use, or to any camp operated for a period of less than 10 days in a year.
209:7 New Section; Recreation Camp Licensing; Confidentiality and Investigations. Amend RSA 170-E by inserting after section 68 the following new section:
170-E:69 Confidentiality and Investigations.
I. The department shall conduct an investigation of any complaint of non-compliance of any licensing or operating standards against licensed recreation camps. All investigations shall be conducted at reasonable times, with the cooperation of other state or municipal authorities, if required, and may include unannounced visits. The commissioner shall request an annual narrative summary of complaints received by the department.
II. Records compiled during an investigation shall be confidential and shall not be made public by the department.
209:8 Effective Date. This act shall take effect 60 days after its passage.
Approved: August 04, 2023
Effective Date: October 03, 2023
| Date | Amendment |
|---|---|
| Feb. 3, 2023 | 2023-0307s |
| May 24, 2023 | 2023-1810h |
| Date | Body | Type |
|---|---|---|
| Feb. 1, 2023 | Senate | Hearing |
| Feb. 9, 2023 | Senate | Floor Vote |
| May 10, 2023 | House | Hearing |
| May 17, 2023 | House | Exec Session |
| May 17, 2023 | House | Floor Vote |
Aug. 9, 2023: Signed by the Governor on 08/04/2023; Chapter 0209; Effective 10/03/2023
July 18, 2023: Enrolled Adopted, VV, (In recess 06/29/2023); SJ 20
July 19, 2023: Enrolled (in recess of) 06/29/2023 HJ 17 P. 18
July 18, 2023: Enrolled Adopted, VV, (In recess 06/29/2023); SJ 20
June 15, 2023: Sen. Pearl Moved to Concur with the House Amendment, MA, VV; 06/15/2023; SJ 19
June 8, 2023: Ought to Pass with Amendment 2023-1810h: MA DV 329-34 06/08/2023 HJ 15
June 8, 2023: Amendment # 2023-1810h: AA VV 06/08/2023 HJ 15
May 24, 2023: Committee Report: Ought to Pass with Amendment # 2023-1810h 05/17/2023 (Vote 9-0; RC)
May 11, 2023: Executive Session: 05/17/2023 10:15 am LOB 104
May 10, 2023: Full Committee Work Session: 05/17/2023 10:00 am LOB 104
May 4, 2023: Full Committee Work Session: 05/10/2023 11:15 am LOB 104
May 4, 2023: Public Hearing: 05/10/2023 10:00 am LOB 104
March 20, 2023: Introduced (in recess of) 03/16/2023 and referred to Special Committee on Childcare
Feb. 9, 2023: Ought to Pass with Amendment 2023-0307s, MA, VV; OT3rdg; 02/09/2023; SJ 6
Feb. 9, 2023: Committee Amendment # 2023-0307s, AA, VV; 02/09/2023; SJ 6
Feb. 7, 2023: Committee Report: Ought to Pass with Amendment # 2023-0307s, 02/09/2023; Vote 5-0; CC; SC 9A
Jan. 26, 2023: Hearing: 02/01/2023, Room 103, SH, 09:45 am; SC 8
Jan. 18, 2023: Introduced 01/05/2023 and Referred to Executive Departments and Administration; SJ 4