Bill Text - HB1407 (2024)

Relative to child care staffing ratios.


Revision: July 16, 2024, 8:31 a.m.

CHAPTER 197

HB 1407 - FINAL VERSION

 

14Mar2024... 0753h

2024 SESSION

24-2686

05/08

 

HOUSE BILL 1407

 

AN ACT relative to child care staffing ratios.

 

SPONSORS: Rep. DeSimone, Rock. 18; Rep. Berry, Hills. 39

 

COMMITTEE: Special Committee on Childcare

 

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AMENDED ANALYSIS

 

This bill creates a waiver for larger ratios in licensed child care facilities for infants and toddlers.  This bill also prospectively repeals the waiver in 2026.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14Mar2024... 0753h 24-2686

05/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to child care staffing ratios.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

197:1  Child Day Care Licensing; Rulemaking; Child Care Staffing Ratios.  Amend RSA 170-E:11, I(c) to read as follows:

(c)  The number of individuals or staff required to insure adequate supervision and care of the children received including a waiver system based on the following:

(1)  For children ages 6 weeks to 12 months, the maximum group size shall be 13 with the following minimum staffing levels:

(A)  One associate teacher with up to 4 children;

(B)  One associate teacher and one assistant teacher with 5 to 9 children; and

(C)  One lead teacher and 2 assistant teachers with 9 to 13 children.

(2)  For children ages 13 to 24 months, the maximum group size shall be 16 with the following minimum staffing levels:

(A)  One associate teacher with up to 5 children;

(B)  One associate teacher and one assistant teacher with 6 to 11 children; and

(C)  One lead teacher and 2 assistant teachers with 11 to 16 children.

(3)  For children ages 25 to 35 months, the maximum group size shall be 19 with the following minimum staffing levels:

(A)  One associate teacher with up to 6 children;

(B)  One associate teacher and one assistant teacher with 7 to 13 children; and

(C)  One lead teacher and 2 assistant teachers with 13 to 19 children.  

(4)  Any licensed child care provider may apply for a one year waiver under this paragraph.  The department shall not deny a waiver unless there is a documented cause for such denial.  The definition of documented cause shall be established in rules adopted by the department.  There shall be no limit on the number of waivers, and there shall be no fee for the application for or renewal of a waiver.  Waivers may be renewed annually.

(5) The department shall make an interim report to the speaker of the house of representatives and the president of the senate on the number of waivers applied for, granted, and denied by November 1, 2025.  The department shall make a final report on the number of waivers applied for, granted, denied, and renewed by November 1, 2026.

197:2  Effective December 31, 2026; Child Day Care Licensing; Rulemaking; Child Care Staffing Ratios.  RSA 170-E:11, I(c) is repealed and reenacted to read as follows:

(c)  The number of individuals or staff required to insure adequate supervision and care of the children received.

197:3  Effective Date.  

I.  Section 2 of this act shall take effect December 31, 2026.

II.  The remainder of this act shall take effect 60 days after its passage.

 

Approved: July 12, 2024

Effective Date:

I. Section 2 effective December 31, 2026

II. Remainder effective September 10, 2024