SB 478-FN - AS INTRODUCED
2024 SESSION
24-2877
05/10
SENATE BILL 478-FN
AN ACT relative to child day care, residential care, and child-placing agency licensing.
SPONSORS: Sen. Carson, Dist 14
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill removes the requirement for child care employment eligibility cards; removes the requirement that the department of health and human services give notice of a residential child care facility's license to the local health officer and local fire department; revises the specialized care license from a 2-year to a 3-year license cycle; and authorizes the department to fine residential child care facilities and child placing agencies for noncompliance with licensure requirements.
The bill is a request of the department of health and human services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2877
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to child day care, residential care, and child-placing agency licensing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Child Day Care Licensing; State Registry and Criminal Records Check; Revocation of Registration and Withholding of State Funds. Amend RSA 170-E:7, IV-a to read as follows:
IV-a. After the department has made a determination that an individual required to complete a criminal record check under paragraph I does not pose a present threat to the safety of children, the department [may issue a child care employment eligibility card] shall notify the individual of their eligibility to be employed in a child care program, which shall be valid for 5 years provided that no disqualifying convictions are subsequently submitted, and the individual remains eligible as described in subparagraph II-a(b). The department may require additional background checks to be completed based upon reliable information that the individual received one or more additional convictions subsequent to the previous criminal record check submission. If the department receives confirmation from a law enforcement agency that an individual has been charged with a crime as described in paragraph III or IV, the department shall suspend the individual's child care employment eligibility [card] and inform the child day care agency or registered provider that the individual is ineligible for employment and give the agency or registered provider an opportunity to take immediate corrective action to remove the individual from the agency, and, in conjunction with the department, to develop a corrective action plan, approved by the department, which shall ensure that the individual shall not be on the premises of the child day care program and shall have no contact with children enrolled in the child day care program while charges are pending.
2 Residential Care and Child-Placing Agency Licensing; State Registry and Criminal Records Check for Child Care Institutions and Child Care Agencies. Amend RSA 170-E:29-a, VII to read as follows:
VII.[(a)] Once the department has made a determination that the individual required to complete a criminal record check under paragraph I-a is eligible for employment, the department shall [issue a residential child care employment eligibility card] notify the individual of their eligibility to be employed in a residential child care institution or agency, which shall be valid for 5 years provided that no disqualifying convictions are subsequently submitted, and the individual remains eligible as described in paragraph V. The department may require additional background checks to be completed based upon reliable information that the individual received one or more additional convictions subsequent to the previous criminal record submission. If the department receives confirmation from a law enforcement agency that an individual has been charged with a crime as described in paragraph III or V, the department shall suspend the individuals residential child care eligibility [card] and inform the agency that the individual is ineligible for employment and give the agency an opportunity to take immediate corrective action to remove the individual from the agency, and, in conjunction with the department, to develop a corrective action plan, approved by the department, which shall ensure that the individual will not be on the premises of the program and shall have no contact with children enrolled in the program while charges are pending.
[(b) The fee for a residential child care employment eligibility card shall be $25, and the card shall be valid for 5 years from the date of issuance, or a prorated amount of $5 per year from the most recently completed criminal background check. The fee for a replacement card shall be $10.]
3 Child Day Care Licensing; Records of Licenses and Investigatory and Monitoring Visits. Amend RSA 170-E:10, I to read as follows:
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.]
4 Residential Care and Child-Placing Agency Licensing; Issuance. Amend RSA 170-E:31, I to read as follows:
I. Licenses shall be issued in such form and manner as prescribed by rules adopted by the commissioner under RSA 541-A and, for foster family homes, and kinship care homes, [and specialized care,] shall be valid for 2 years from the date issued, unless revoked by the department, or voluntarily surrendered by the licensee, or subject to conditions attached to the license which provide for a shorter license period than 2 years.
5 Residential Care and Child-Placing Agency Licensing; Issuance. Amend RSA 170-E:31, III(a) to read as follows:
(a) Group homes, specialized care, and child care institutions: 3 years from the effective date of the license.
6 Residential Care and Child-Placing Agency Licensing; Record of Licenses. Amend RSA 170-E:33, I to read as follows:
I. The department shall keep in a central depository records of licenses issued under this subdivision and all monitoring reports that have been made relative to licensees. [When a license is issued to a person or institution, the department shall give notice to the health officer and the 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.]
7 New Subparagraph; Residential Care and Child-Placing Agency Licensing; Rulemaking. Amend RSA 170-E:34, I by inserting after subparagraph (i) the following new paragraph:
(j) Procedures for notice and hearing prior to imposition of an administrative fine imposed under RSA 170-E:45-a.
8 New Section; Residential Care and Child-Placing Agency Licensing; Administrative Fines. Amend RSA 170-E by inserting after section RSA 170-E:45 the following new section:
170-E:45-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 subdivision or rules adopted under this subdivision. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this subdivision. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this subdivision shall be forwarded to the state treasurer to be deposited into the general fund.
9 Repeal. RSA 170-E:7, IV-d, relative to the fee for a child care employment eligibility card, is repealed.
I. Sections 1, 2, 4, 5, and 9 of this act shall take effect July 1, 2024.
II. Sections 3, 6, 7, and 8 of this act shall take effect 60 days after its passage.
24-2877
Revised 12/28/23
SB 478-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to child day care, residential care, and child-placing agency licensing.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | |||||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | |||||
Revenue | $0 | $10,000 - $20,000 increase in state general funds; $70,000 decrease in child care licensing funds | $10,000 - $20,000 increase in state general funds; $70,000 decrease in child care licensing funds | $10,000 - $20,000 increase in state general funds; $70,000 decrease in child care licensing funds | |||||
Revenue Fund(s) | General Fund Child Care Licensing Fund | ||||||||
Expenditures | $0 | $0 | $0 | $0 | |||||
Funding Source(s) | None | ||||||||
Appropriations | $0 | $0 | $0 | $0 | |||||
Funding Source(s) | None | ||||||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] See Below • Does this bill authorize new positions to implement this bill? [X] No | |||||||||
METHODOLOGY:
This bill allows the Department of Health and Human Services to issue administrative fines to residential and child-placing agencies of up to $2,000 per offense. The Department estimates these fines will result in $10,000 to $20,000 per year being deposited in the state general fund. In addition, the bill removes the issuance of child care employment eligibility cards, which currently have a fee. In FY23, the Department collected revenues of $70,000 from these eligibility cards. The Department therefore predicts an annual loss of $70,000 in revenue deposited in the Child Care Licensing Fund established by RSA 170-E:7-a. Finally, the bill revises the specialized care license from a two-year to a three-year license cycle. The Department did not comment on the fiscal impact, if any, of this provision.
AGENCIES CONTACTED:
Department of Health and Human Services
| Date | Body | Type |
|---|---|---|
| Jan. 3, 2024 | Senate | Hearing |
| March 21, 2024 | Senate | Floor Vote |
| April 10, 2024 | House | Hearing |
| April 10, 2024 | House | Exec Session |
| April 10, 2024 | House | Floor Vote |
April 10, 2024: Committee Report: Ought to Pass 04/10/2024 (Vote 7-0; CC)
April 10, 2024: Executive Session: 04/10/2024 10:15 am LOB 104
April 10, 2024: Public Hearing: 04/10/2024 10:00 am LOB 104
April 2, 2024: Introduced (in recess of) 03/28/2024 and referred to Special Committee on Childcare HJ 10
March 21, 2024: Ought to Pass: MA, VV; OT3rdg; 03/21/2024; SJ 7
March 8, 2024: Committee Report: Ought to Pass, 03/21/2024; Vote 5-0; CC; SC 11
Dec. 18, 2023: Hearing: 01/03/2024, Room 103, SH, 02:00 pm; SC 49
Dec. 13, 2023: To Be Introduced 01/03/2024 and Referred to Executive Departments and Administration; SJ 1